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SCOTUS (Yawn) Monday

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Well, that was totally boring.  The Monday orders list is here. As expected, there are no new grants of certiorari for full briefing and argument.  The cell phone search cases noted in the comment thread of Friday's post have apparently been relisted.

No summary reversals. No action on Ryan v. Hurles.  Look for an eighth relist.

Senator Mitch McConnell and 44 other senators, represented by Miguel Estrada, got 15 minutes of oral argument time as amicus in the recess appointment case.  The SG gets argument time as amicus routinely.  States and high government officials get time occasionally.  It's much more rare for everyone else.  On the other hand, timely motions to file amicus briefs are almost always granted.  Two law professors drew a rare turn-down in the child porn restitution case for filing late.  Not a great example for your students, profs.

The next two days should be more interesting.  Opinions in argued cases are expected both Tuesday and Wednesday.  The argument in White v. Woodall is Wednesday.  See the prior post and the CJLF press release.

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I am not surprised that the cell phone search cases (Wurie & Riley) have been relisted.

On December 3 the Court requested the Riley trial court record. That record is necessary to determine the precise chronological order of the facts that preceded and accompanied the challenged searches. The state court opinion and the briefs do not adequately set forth all of the facts that are necessary to determine the reasonableness of the searches. For example, it is not clear what gang paraphernalia the police obtained from the suspect and when that evidence of criminal activity was seized in relation to the challenged searches.

Hopefully, the trial court record will clarify these ambiguities so that the Court can decide whether to grant cert and, thereafter, the test that should apply in warrantless cell phone cases.

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