SCOTUS Order Day

The Supreme Court granted two cases for full review: a civil procedural case and the Boston Marathon Bomber death penalty case. It remains to be seen if the Biden Administration will let that be when it determines its policy on capital punishment. It has time since it should be argued next term. Alito did not take part in the civil case (not that it is likely to matter, but he owns stock of one side; we should just have them say that aloud).

The Order List was over thirty pages long, which flags a possible per curiam (released with orders, not at 10 A.M. with opinions) or other writings. It is the latter: it's time for that occassional time where justices provide statements about not taking cases (often flagging the importance of an issue) or simply dissent from not taking a case. Sotomayor found another criminal case to provide a solo dissent, a familiar thing a few cases a term. She also joined a statement by Kagan (for the liberals) in a habeas case and this time with Gorsuch joining wrote a statement that in part flagged nearly all of the Sentencing Commission is vacant.

The non-Sotomayor was a few pages from Roberts regarding the creation of a national monument and the Antiquities Act. After opining on how open-ended the whole thing is getting, he agreed the case at issue didn't provide a grounds to take the case. After his solo dissent about "advice columnists," he went the op-ed route. Second link has more details.