SCOTUS Orders Monday

The U.S. Supreme Court released its regular Monday orders list today. Not surprisingly, there were several wake-of-Jones orders in cases that had been on hold for that decision. Oklahoma v. Johnson, No. 19-250, and United States v. Briones, No. 19-720, were sent back for reconsideration. These were cases where the lower court decided in an under-18 murderer’s favor based on a broad interpretation of Montgomery v. Louisiana. Cases where the lower court ruled against the defendant based on a narrow interpretation of Montgomery were simply denied, including Newton v. Indiana, No. 17-1511, and Garcia v. North Dakota, No. 19-399.

In other action, Justice Thomas dissented from denial of certiorari in the case of a former West Point cadet who sued the government under the Federal Tort Claims Act, alleging that the military’s policies were inadequate to protect cadets against rape. Justice Thomas maintains that the Feres doctrine, shielding the military from FTCA claims, is much broader than the language of the statute permits. He may well be right as a matter of statutory interpretation, but the prospect of military commanders’ decisions being routinely second-guessed by judges (relatively few of whom know diddily squat about the military) is not a comforting thought. Congress needs to strike a new, and well-thought-out, balance here.

Tomorrow the Court hears argument in Terry  v. United States, No. 20-5904, a case involving the First Step Act and crack cocaine re-sentencing.