Recent Supreme Court Case Updates: Key Relists and Their Importance

The Relist Watch column provides insights into petitions that the Supreme Court has selected for further consideration in its upcoming conference. A brief explanation of relisted cases can be found here.

New Cases Granted Review

Two important cases were recently accepted by the Supreme Court following their relisting. The first case, Villarreal v. Texas, originally prompted skepticism regarding its chances of being heard. This case will investigate whether a trial court violates a defendant’s Sixth Amendment right to counsel during an overnight recess by restricting discussions between the defendant and their attorney regarding testimony. This marks the first time in over three decades that the court will address this issue.

Additionally, the court has granted certiorari in Ellingburg v. United States, a case that has been relisted multiple times. This case examines whether the criminal restitution required under the Mandatory Victim Restitution Act qualifies as a penalty under the Constitution’s ex post facto clause, an important legal distinction with potential implications for the rights of defendants.

Upcoming Conference and Relisted Petitions

This week’s conference includes 202 petitions, with three previously examined cases set for reevaluation.

Case Review: United States Postal Service v. Konan

In the case of United States Postal Service v. Konan, the central issue revolves around allegations made by landlord Lebene Konan, who claims that USPS employees failed to deliver mail to her rental properties, resulting in significant financial loss and emotional distress. The district court dismissed her claims based on the postal exception under the Federal Tort Claims Act, which generally preserves immunity for federal entities regarding mail delivery issues.

However, the 5th Circuit Court of Appeals found in favor of Konan, asserting that her claims of intentional nondelivery do not fall under the definitions of “loss” or “miscarriage” as outlined in the FTCA. The government now seeks a review from the Supreme Court, arguing that this interpretation creates a loophole that could lead to a surge in litigation against the Postal Service.

Cross-Petition and Legal Arguments

In a unique maneuver, Konan has filed a conditional cross-petition challenging the 5th Circuit’s conclusions about federal liability under the Ku Klux Klan Act and the applicability of the intracorporate conspiracy doctrine in this context. The solicitor general contends that this case should be thoroughly explored due to its far-reaching implications.

First Choice Women’s Resource Centers, Inc. v. Platkin

The second relisted case, First Choice Women’s Resource Centers, Inc. v. Platkin, addresses the conflict between a state’s investigatory demands and First Amendment rights. First Choice, a nonprofit organization that assists women with unplanned pregnancies, faces a subpoena from New Jersey’s attorney general regarding documentation that the state claims could expose misleading practices about abortion services.

While the lower courts have dismissed First Choice’s objections regarding the subpoena as being premature, a split among circuits has emerged regarding challenges to state investigatory actions. The organization argues that their First Amendment rights are being infringed and requests Supreme Court intervention to clarify applicable jurisdictional standards.

Highlighted Relisted Cases

Several other significant relisted cases are also awaiting Supreme Court review:

• Apache Stronghold v. United States (24-291) – Examining if the government significantly burdens religious practices when it mandates the destruction of sacred sites.
• Ocean State Tactical, LLC v. Rhode Island (24-131) – Addressing potential violations of the Second Amendment regarding confiscatory laws on ammunition-feeding devices.
• Snope v. Brown (24-203) – Investigating Maryland’s legislative authority to restrict semiautomatic rifles used for lawful purposes.
• L.M. v. Town of Middleborough, Massachusetts (24-410) – Evaluating the implications of student speech related to personal identity within school environments.

Conclusion

The Supreme Court’s forthcoming decisions regarding these relisted cases will significantly impact legal interpretations across a range of issues, including First Amendment rights, state and federal powers, and the nuances of tort claims. As the justices deliberate, the implications of their rulings will resonate throughout the American legal landscape.