#SCOTUS grants one new case:
- Neilsen v. Preap (16-1363)
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#SCOTUS denies certiorari in Hidalgo — the longstanding Arizona death penalty case. Justice Breyer — joined by Ginsburg, Sotomayor, and Kagan — write "respecting the denial of certiorari." Breyer writes that he agrees with the cert denial bc the record here is undeveloped.1 reply 8 retweets 11 likesShow this thread -
#SCOTUS also denies review in Garco Construction v. Speer — the Seminole Rock/Auer deference case. Thomas, joined by Gorsuch, dissents from the cert denial. Thomas writes that this would have been "an ideal case to reconsider Seminole Rock deference."1 reply 4 retweets 9 likesShow this thread -
#SCOTUS denies review in Glen Campbell's case out of Ohio. Sotomayor writes "respecting the denial of certiorari." Sotomayor writes that there could be an 8th Amendment claim for an "unreviewable" life-without-parole sentence.1 reply 7 retweets 5 likesShow this thread -
Campbell did not raise an 8th Amendment claim here, so lower courts did not consider it. Sotomayor, in an unusual conclusion, writes, "I believe the Ohio courts will be vigilant in considering it in the appropriate case."
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No news in the
#SCOTUS orders relating to the PA redistricting case stay request. It remains pending, but, at this point, it would be shocking if the court granted the stay given how long they've had the request and given Tuesday's PA congressional filing deadline.4 replies 34 retweets 34 likesShow this thread -
Replying to @chrisgeidner @kkondik
Surely the filing deadline should be irrelevant.
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Replying to @chrisgeidner @kkondik
Should the Court not make the legally correct decision, and ignore any external deadline
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Replying to @SPENCE_JOHN @kkondik
Yes, but this is a stay application, not a merits decision. In practicality, the court needs to act — if it is going to grant a stay — before the new districts are put into effect. This is the task to the court, for example, when facing death penalty stay requests.
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Those generally are on an even tighter timeframe and the outcome is, literally, life and death. Regarding PA, the court should aim, in my view, both to get it right and to do so in a timeframe that would not create undue difficulty.
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