Supreme Court Conference

The U.S. Supreme Court held its first conference of 2024 today. The Court issued three orders after the conference, two of which took up new cases for briefing and argument. One order granted a stay in an abortion case from Idaho and took the case up. Another order took up and fast-tracked the Trump disqualification controversy.

Sometimes the Court issues a short order list of cases granted on the day of the conference and a long list of cases denied on the following Monday. Other times it issues a single list with both on Monday.

Given the unusual nature of both cases taken up today and the need for rapid action, this does not look like the typical short Friday order list situation. I expect that Monday’s list with have both grants and denials.

There were two cases scheduled for today’s conference where CJLF wrote or assisted with a brief: Grants Pass v. Johnson, involving the Ninth Circuit’s theory that the Eighth Amendment severely limits cities’ ability to ban camping on public property, and Glossip v. Oklahoma, involving repeated attacks on a murder conviction.

In Grants Pass we are supporting the city’s request that the Court take the case up. In Glossip we assisted with the victim’s family’s brief to oppose the petition, a move made necessary by the Oklahoma Attorney General’s decision to go over the hill and support Glossip.

We will not be involved in either of the cases taken up today.