Category Archives: Cert Watch

Weekend Review

On Friday the  Supreme Court granted cert in a Voting Rights Act case from the D.C. Circuit, Shelby County v. Holder.  The grant came three days after the general election and three years after the Supreme Court raised, in the words of Judge Tatel’s majority opinion, “serious questions about the continued constitutionality of section 5.” Continue reading

Supreme Court to Consider Granting Guantanamo Cert Petition Next Week

[Update: The Supreme Court denied cert on June 11, 2012.]

The D.C. Circuit’s decision vacating the habeas grant in Latif v. Obama is back in the news. The Guantanamo detainee’s cert petition, which was yesterday’s “petition of the day” at SCOTUSblog, has been distributed for consideration at the Supreme Court’s May 17 conference, along with recently redacted, public versions of the Solicitor General’s response in opposition to cert (pdf) and Latif’s reply Continue reading

D.C. Circuit Fills in Some Blanks in Guantanamo Mad Libs Opinion

Today the D.C. Circuit released a more complete version of the opinions (searchable pdf) in a controversial Guantanamo habeas case currently before the Supreme Court on a cert petition. Continue reading

Supreme Court Denies Cert in Two Guantanamo Cases

The Supreme Court denied cert today in Gul v. Obama, a case brought by former Guantanamo detainees complaining of the conditions of their release, and Abdah v. Obama, concerning the rights of Guantanamo detainees to advanced notice and an opportunity to challenge their transfer to countries where they say they will be mistreated. Continue reading

Amicus Briefs Ask the Supreme Court To Hear the First Guantanamo Habeas Case Since Boumediene

At Lawfare, Raffaela Wakeman reports that amici filed two briefs yesterday in favor of cert in Latif v. Obama.   Continue reading

Supreme Court Could Reexamine the Scope of First Amendment Protection for Government Employees

[Update:  The Supreme Court denied cert in Bowie v. Maddox and Byrne v. Jackler on February 27, 2012. [PDF] (Hat Tip: SCOTUSblog)]

John Elwood reports at SCOTUSblog that the Supreme Court “appears to be holding Byrne v. Jackler, 11-517 . . . to consider it with Bowie v. Maddox, 11-670, in which the District of Columbia’s response is due January 30.” Continue reading

Cert Petition Challenges Guantanamo Case that Divided the D.C. Circuit

Benjamin Wittes at Lawfare reported on Friday the filing of a sealed and classified cert petition challenging the D.C. Circuit’s decision in Latif v. Obama.   Continue reading

Supreme Court To Decide Whether An Indian Tribe’s Neighbor May Sue the Government for Enabling Casino Construction

Yesterday the Supreme Court granted cert in Salazar v. Patchak (S. Ct. 11-247) and Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak (S. Ct. 246). Continue reading

ACA Challengers Ask Supreme Court to Reverse Judge Silberman

Plaintiffs who lost their healthcare appeal in the D.C. Circuit petitioned the Supreme Court yesterday to hear their case along with the related cases already on its docket. Continue reading

Supreme Court Could Decide Whether Retroactive Rulemaking Requires Express Statutory Authorization

[Update: The Supreme Court denied cert on Monday, November 7, 2011.]

At its conference tomorrow, the Supreme Court will consider whether to grant cert in a D.C. Circuit case only an admin lawyer could love: National Petrochemical & Refiners Ass’n v. EPA, No. 11-102 (S. Ct.). Continue reading