About the AZ redistricting case: although the Court has complete discretion about granting or denying review in the vast no. of cases, there remain a few areas where there is supposed to be mandatory jurisdiction. If the Court has one of those cases and has a bit of doubt about its jurisdiction, it will postpone jurisdiction, rather than simply "not jurisdiction." Counsel will be expected to address that question along with the merits in briefs and oral argument.
I meant rather than simple note jurisdiction. That is what it does when it has a mandatory case and is satisfied that it does have jurisdiction.
In short, the AZ case will be heard this term, almost as if cert were granted.
The Court finished filling its Jan. argument calendar day, with six grants beyond that, which will likely be argued in February. Then it has to fill all slots in March and April. Likely yearend total about 75 overall.
For those pondering the prospect for a denial of all seven marriage cases: if the
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If the Court were to deny all seven petitions on marriage, that would release marriage rulings for 11 more states, the ones covered by the existing circuit court rulings, pushing the total to 30. It is rather doubtful that the Court that granted stays for Utah and Virginia is prepared for that to happen.
With today's grants, the Court continues to add interesting and consequential cases, but so far no blockbusters. The Texas Fair Housing Act case will be the third time that this issue has come to the Court. During the first two go-rounds, the cases settled before the Court could weigh in.
Well, it was nice to be back. Thanks to all of you who came out at the last second. We will have more coverage of today's orders later on this morning, with some of our previews of next week's merits cases to follow as well. Have a great weekend, and type to you soon!
Among the cases granted today, which we did not note earlier, is a new police traffic stop case -- 13-9972, Rodriguez v. U.S. The issue is whether it is enough for police to have reasonable suspicion if the officers, after the end of the traffic stop, want to go beyond either a canine sniff or a few non-incriminating questions. The petition asks if further inquiry or search is a de minimis intrusion.
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