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SCOTUS Today and Next Week

The US Supreme Court justices met in conference today and issued an order taking up one patent case.

The court will issue a long orders list Monday, but if the usual pattern prevails there will be no new grants for full argument and briefing on it.  There may be some summary reversals.  John Elwood at SCOTUSblog notes that the Arizona habeas case of Ryan v. Hurles is on relist for the seventh time.

The one criminal case on the week's argument docket is White v. Woodall.  CJLF's amicus brief is here.  I had a post on the case yesterday.  A press release will be in the releases section of our website later today.



The Court conference today included two cell phone search cases -- Wurie & Riley. Most observers, including me, believe that the Court will grant cert. in either or both cases. Is there any particular reason that you believe that Monday's long orders will not include a grant in either or both of these cases?

What is the "usual," "prevailing" "pattern" that leads you to conclude that there will be no new grants on Monday?


Generally, there are two patterns of orders after a conference. The most common is that no order is issued on the day of the conference and the orders list the following Monday includes both the grants (if any) and the denials and administrative orders.

A second pattern is for the court to issue a short orders list on the day of the conference with the grants of certiorari. A long list then issues on the following Monday with the denials and the administrative orders. This is usually done when the time to get cases on the oral argument calendar is drawing short, and they want to give the parties as much time as possible for the merits briefs.

I do not recall an instance of a day-of-conference orders list granting certiorari with more grants on the following Monday orders list. That is not to say it has never happened or can't happen, but it's not the usual pattern.

The cases you are waiting for might be relisted and neither granted nor denied Monday.

Thank you, Kent. You truly are an encyclopedia of knowledge. Have a great weekend! Paul

The cases noted in Paul's comment, United States v. Wurie, No. 13-212, and Riley v. California, No. 13-132, were neither granted nor denied today. They will almost certainly be relisted for a later conference.

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