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SCOTUS This Week

The US Supreme Court has a two-day calendar this week, rather than the usual three-day, due to the Columbus Day holiday.  The orders list from Friday's conference will be issued Tuesday.

The most important case on the list is the California prisoner release case, Brown v. Plata, No. 13-198, challenging the three-judge court's order to reduce California's prisoner population to a level that even the notoriously soft-on-crime Gov. Jerry Brown asserts is dangerous.  This case is a mandatory direct appeal, rather than a discretionary writ of certiorari, but there is an odd jurisdictional question regarding whether the case actually falls within the high court's direct appeal jurisdiction.  Earlier, the Court turned down a stay application by Brown.  An amicus brief by yours truly on behalf of the four living former governors in support of that motion is here.

SCOTUSblog has other petitions to watch here.  The Cert Pool has the full list, with capital cases flagged, here.

The heavy news coverage this week will be on Schuette v. Coalition to Defend Affirmative Action, argued Tuesday.  It's off topic for the blog, but FWIW here are opposing opinion pieces in the New York Times and Wall Street Journal.

The two criminal cases are set for argument Wednesday.  Kansas v. Cheever involves a compelled psychological examination of a defendant who makes a mental defense but does not claim he is mentally ill.  CJLF's brief in support of the state is here.  An earlier post written after the state court decision is here.   Update:  Hurst Laviana of the Wichita Eagle has this story.

Also up Wednesday is Kaley v. United States, regarding whether an indicted defendant's allegedly ill-gotten gains can be frozen when he needs them to pay his lawyer.

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