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Posts by John Elwood

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The relist logjam finally breaks The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. On Friday, the Supreme Court grante...

The Supreme Court has tackled the enormous backlog of relisted cases, denying most the 2d Amend/felon-in-possession cases & most prisoner cases. Only 1 new relist, concerning scope of Video Privacy Protection Act--whether it covers only privacy of ... videos.

www.scotusblog.com/2026/01/the-...

2 months ago 2 0 0 0

The Supreme Court has granted review in 4 new cases, which presumably will be argued in April and decided by June. All of them were previewed in this week's SCOTUSBlog post linked below. They include the constitutionality of geofence warrants -- a very cutting-edge Fourth Amendment topic.

3 months ago 11 7 1 0

With an unprecedented 108 total first-time and returning relisted cases, there's more than enough for #SCOTUS to fill the April argument calendar -- and probably the October calendar too, if they're of a mind to do so.

3 months ago 0 1 0 0
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Dockets on maximum overdrive: seventeen new relists involving ten issues The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. This Friday’s conference marks the ...

Friday's #SCOTUS grants? 17 new relists: State secrets privilege; geofence warrants; federal preemption & generic drugs; patent infringement & generic drugs; deference to Sentencing Guidelines commentary; state taxation of Indians.

www.scotusblog.com/2026/01/dock...

3 months ago 3 0 0 2

Raffi's brief is hyperlinked in the post!

3 months ago 3 0 0 0
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December docket dash: twenty new (likely) relists on seven issues The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues to chur...

SCOTUSBlog has identified 6 relists in cases that are serious candidates for #SCOTUS action. The Supreme Court could issue grants as early as tomorrow (if they're topping off the March argument calendar), though January (for April argument) is more likely.

www.scotusblog.com/2025/12/dece...

3 months ago 2 0 0 1
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Why I do that annoying Relist Watch column. From @AdamFeldman's most recent substack.

open.substack.com/pub/legalyti...

4 months ago 6 0 0 0
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It turns out @orinkerr.bsky.social has written an article The Moving Property Problem in 4th Amendment law, forthcoming in the Virginia Law Review, that involves one of this week's relisted cases. The lecture form of the article (complete w/fanny pack) is linked below.

law.yale.edu/yls-today/ya...

4 months ago 4 0 0 0
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Relist rodeo: firearm restrictions, searches incident to arrest, DNA evidence, and “clearly established” law The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. It’s only December, but the Supreme...

Friday's/Monday's #SCOTUS grants? Three cases challenging constitutionality of high-capacity magazine / AR-15 restrictions under the 2d Amendment; a search & seizure case for
@orinkerr.bsky.social; DNA evidence; & what law is "clearly established" for QI/AEDPA?

www.scotusblog.com/2025/12/reli...

4 months ago 1 0 1 2
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Today's #SCOTUS summary reversal in 2-time relist Doe v. Dynamic Physical Therapy sets a new high-water mark in succinctness.

4 months ago 1 0 0 0

I suspect that's right--either that or eventually to be rescheduled. But probably a hold.

4 months ago 1 1 0 0

Unless they've been rescheduled or relisted I probably have missed them. What are the docket numbers?

4 months ago 0 0 1 0
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Relistpalooza: fifty new relists, six big fights The Supreme Court’s relist rolls served up the term’s first two summary reversals last week. As we have observed, the more times a case has been relisted, the likelier it […]

Friday's/Monday's #SCOTUS grants? Birthright citizenship, constitutionality of felon-in-possession restrictions under 2d Amendment, parental-rights battles in schools, criminal-venue gymnastics, arbitration jurisdiction, and the reach of Rooker-Feldman.

www.scotusblog.com/2025/12/reli...

4 months ago 8 6 1 0

#SCOTUS will be considering 50 newly relisted cases at this week's Conference, the most I've seen. 44 of those involve 2d Amendment challenges to the law prohibiting felons from owning firearms, as applied to nonviolent offenders. Plus 2 birthright citizenship cases & 4 cases raising other issues!

4 months ago 3 2 0 2
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Pipeline pay, pandemic preemption, professors’ parity, and a prisoner’s plea The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues to chur...

Friday's/Monday's #SCOTUS grants? Whether "just compensation" for federal takings is based on state or federal law; federal antidiscrimination preemption of state immunity law; implied rights of action for discrimination under Title IX; & a longshot prisoner plea

www.scotusblog.com/2025/11/pipe...

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A preview of today's #SCOTUS grant is below.

5 months ago 1 0 0 0
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Borderlines, benchslaps, and burdens of proof The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court had some good […]

Friday's/Monday's SCOTUS grants? A likely grant regarding whether noncitizens must enter the US to be eligible for asylum; SCOTUS takes a close look at a 4th Circuit habeas grant; & acquitted conduct sentencing returns

Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...

5 months ago 1 0 0 1
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A preview of this morning's #SCOTUS grant is below: whether federal election law pre-empts state laws allowing absentee ballots cast before election day to arrive a few days after it.

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The meaning of “election day” The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court is meeting in […]

All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant.

www.scotusblog.com/2025/11/the-...

5 months ago 17 6 1 1
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William Rehnquist, his clerk John Roberts and the Supreme Court precedent at the center of Trump’s tariffs case | CNN Politics Most judges who have considered President Donald Trump’s disputed tariffs have ruled against him. But when the Supreme Court hears his appeal next week, it may be influenced by a forceful dissenting o...

An interesting history of how then-law-clerk John Roberts was involved in the Dames & Moore case at the center of the upcoming tariffs argument. Fun fact: Roberts studied for the bar w/counsel to the challengers, Michael McConnell.

www.cnn.com/2025/10/29/p...

5 months ago 3 1 0 0
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I think that's right -- Wilson v. Midland is being held for Olivier v. City of Brandon.

www.supremecourt.gov/search.aspx?...

6 months ago 1 0 0 0
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Controlled substances and courtroom candor The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. It’s only week two of the […]

Friday's (or Monday's) #SCOTUS grants? The government petitions to review a decision striking down on 2d Amendment grounds a law prohibiting gun possession by controlled substance users. And another colorable grant on the scope of judicial estoppel.

www.scotusblog.com/2025/10/cont...

6 months ago 2 1 0 1

The Court granted review on Hunter v. US, previewed below. Note in particular the last line of my write up.

6 months ago 2 1 0 0
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The justices return — and so do the relists The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Summer has ended at last. […]

Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine.

www.scotusblog.com/2025/10/the-...

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This week's installment was delayed because I had an argument in New Orleans Tuesday morning, then travelled up to Maine for Damariscotta's annual Pumpkinfest. My feed will transition from legal topics to oversized gourds shortly after 10 or 11 am.

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#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.

6 months ago 4 1 0 2

Sidney Stein--generally well regarded. But he developed a strong dislike of Dowd when he wasn't present and all the defendants to that point were deflecting blame on the guy not in the room.

6 months ago 3 0 1 0
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In an earlier trial, the judge repeatedly said "I would urge government to continue their investigation" of doctors, voicing "hope" govt "pursuing … the corrupt doctors," including Dowd. Govt indicted & case assigned to different judge. On Govt motion, 1st judge presided over case he'd "urge[d]."

6 months ago 2 2 1 0

Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process.

What will #SCOTUS do?

6 months ago 2 3 1 1

Wishing her a speedy recovery. By coincidence, I think my (Maine) neighbor is also there recovering from a stroke.

7 months ago 1 0 1 0