Relist Watch: What Does the Court’s Relist Streak Mean?

 

http://www.scotusblog.com/2014/04/relist-watch-what-does-the-courts-relist-streak-mean/#more-208916

 

Another tiny bit of encouragement that they'll hear the Drake case...

 

 

The relist is huge. I really think they will grant it, but it could be that someone (Scalia?) is writing a dissent for the denial of cert.

Will be a B!tch though if it is relisted again next week...

I agree that this is a big positive and I'm very hopeful.  The 3rd circuit's decision in Drake was so egregious and frankly dismissive of supreme court precedent that I have trouble believing that 4 of the justices wouldn't vote to grant cert even if they aren't thrilled with hearing another 2A case.  Looking at this purely as a lawyer, I truly believe that the integrity of the judicial process is at stake.  I can't point to an area of constitutional law where lower courts have been so cavalier and gone to such lengths to twist supreme court precedent as the 3rd circuit did in Drake.  Any idea how frequently justices write dissents to cert dismissals?  I don't think it is very common.  But we'll see.

I continue to be hopeful, but the other side of this is the percentage of cases that are relisted and then denied...Any way we can determine that?

The relist is huge. I really think they will grant it, but it could be that someone (Scalia?) is writing a dissent for the denial of cert.

Not to be negative, but why is this huge? Isn't the only other option to write a summary judgment overturning the decision? I think we're back to square one, with the outcome probabilities conditioned in ways I don't understand by the fact that it was passed over last week.

Did you read the linked article? What it says is that every case that was granted cert this year was first relisted. Thus apparently this year being relisted is a necessary step for getting cert. 

Did you read the linked article? What it says is that every case that was granted cert this year was first relisted. Thus apparently this year being relisted is a necessary step for getting cert. 

I missed that. Thank you for pointing that out and brightening my day (a little.)

Here's a truly day-brightening passage from the linked article on Scotusblog:

 

"If indeed the Court has adopted a policy of relisting cases before granting, it may be akin to a “stop, look, and listen” after a provisional decision to grant – intended to give the Justices and their clerks additional time to review grant candidates for vehicle problems or other concerns. Maybe the Justices decided after dismissing three cases as improvidently granted this Term that they need one last check before giving a case the nod; perhaps it’s only a temporary measure."

 

Trying not to get my hopes up too much, but this is nice.

So..... this may also mean, Drake vs. Jerejian will get re-listed again and again and again and again and again and again.........?

It could apparently, look at Ryan v. Hurles, relisted for the 19th time this week...

 

Will have to wait and see...

Here's a truly day-brightening passage from the linked article on Scotusblog:

 

"If indeed the Court has adopted a policy of relisting cases before granting, it may be akin to a “stop, look, and listen” after a provisional decision to grant – intended to give the Justices and their clerks additional time to review grant candidates for vehicle problems or other concerns. Maybe the Justices decided after dismissing three cases as improvidently granted this Term that they need one last check before giving a case the nod; perhaps it’s only a temporary measure."

 

Trying not to get my hopes up too much, but this is nice.

I'm not convinced we can read too much into this though. There were a bunch of petitions denied this week as well after having been relisted.

Today is the day... again... and this weekend we wait... again.

Today is the day... again... and this weekend we wait... again.

Yes it is man. Just like last week we probably won't hear anything until Monday. Another long weekend. Btw, I'm Albanian too Sqhipe.

 

 

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another Albanian right here! lol  praying for a good outcome on monday

If they don't act on this Monday I'm going to just forget about it. Otherwise it will drive me crazy. And I don't like short trips.

If they don't act on this Monday I'm going to just forget about it. Otherwise it will drive me crazy. And I don't like short trips.

 

Agreed. Whenever a decision's made I'm sure we'll hear about it quickly.

Yes it is man. Just like last week we probably won't hear anything until Monday. Another long weekend. Btw, I'm Albanian too Sqhipe.

 

 

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another Albanian right here! lol  praying for a good outcome on monday

 

 

TWO more Albanians!?

 

Rroftë Shqipnia!

 

Haha

 

I do hope they decide whether to take it this weekend. Instead of pushing it off again.

12 hours to go.... The wait is killing me..... If they decide to take the case I think we have better then 50% chance of winning...

 

As long as they apply logic to the arguement from the land of make believe, I agree we have a pretty good shot of a win.

One thing I have to say positive about this case win or loose for us is, following the proceedings so far has really taught me an abundance about how our federal justice system actually works. I really hope things go our way. But even if they don't at least I can take the good from gained knowledge.

One thing I have to say positive about this case win or loose for us is, following the proceedings so far has really taught me an abundance about how our federal justice system actually works. I really hope things go our way. But even if they don't at least I can take the good from gained knowledge.

 

Same for me.  In fact, visits to Trenton to speak against last year's bills, getting involved in a US Senate fundraiser, emailing, calling, and sending letters to my representatives.  Thanking one of my assemblymen personally when I was with him meeting about another matter, and just following the process of the NJ courts, circuit courts, and SCOTUS has been a great civics education.  I thought I understood the system but really did not.

I too have learned a lot and have a newfound respect for the legal profession. However I'm now truly disgusted that our rights are utterly disrespected by NJ and they were able to get away with it for so long.

Funny I get just the opposite feeling. Nine people who, about 90% of the time, vote according to their politics. What is so impressive about that? It's even worse at the (NJ) state level.

 

All the motions, the testimony, the arguments, the concurring and dissenting opinions, are for the most part a charade. They could reduce their work year to about two weeks if they simply had their clerks summarize each case in two typewritten pages, and voted online. I doubt that the results would be substantially different than the ones we get through protracted pomp and circumstance.

 

Your appreciation for "the system" will evaporate as the "conservative" justices are replaced, one by one, by liberals. 

something i didn't think about until last night about this being pushed back a session. 

 

1.  were any of the other carry cases that they didnt take postponed or just declined after the first review?

2.  were heller and/or mcdonald held back?

something i didn't think about until last night about this being pushed back a session. 

 

1.  were any of the other carry cases that they didnt take postponed or just declined after the first review?

2.  were heller and/or mcdonald held back?

I thought the same thing. Kachalsky (New York Case) was denied at first conference.

Heller was relisted once:

 

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/07-290.htm

 

McDonald was not

 

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/08-1521.htm

T-10 minutes and counting... I really hope the justices have voted our way.

Sadly the game continues...

T+6m

Nothing about Drake in todays order list. 

 

http://www.supremecourt.gov/orders/courtorders/042814zor_6k47.pdf