Background on the Case

The Supreme Court recently opted not to review the case of Franklin v. New York, which hinged on the interpretation of the Sixth Amendment’s confrontation clause. This clause guarantees defendants in criminal trials the right to confront witnesses against them.

Cid Franklin, the defendant, was questioned without legal counsel by a publicly funded agency tasked with making bail recommendations. At his trial, prosecutors utilized the agency’s bail report to implicate Franklin in the crime without allowing him to cross-examine the report’s author. Following his conviction, Franklin appealed, asserting that this usage violated his confrontation rights.

Supreme Court Ruling and Justices’ Opinions

During its March 21 private conference, the Court declined to take up Franklin’s appeal. Justice Samuel Alito, while agreeing with the decision to deny review, called for a reexamination of the precedent set by the landmark case Crawford v. Washington over two decades ago. He highlighted that recent historical research raises questions about Crawford’s interpretation of common law rules relevant when the Sixth Amendment was enacted.

Justice Neil Gorsuch also concurred with the denial but indicated that lower courts should first apply the Court’s most recent ruling regarding the confrontation clause, before a potential reevaluation occurs. Both justices suggested that a broader reconsideration of the confrontation clause could be warranted in the future.

Other Notable Decisions and Pending Cases

In addition to Franklin v. New York, the Supreme Court dismissed a petition from Steve Wynn, a former casino owner, seeking to overturn the significant New York Times v. Sullivan ruling. This case, which established rigorous standards for public figures claiming defamation, was cited by Justice Brett Kavanaugh earlier this year, indicating the Court may not be inclined to revisit this settled precedent at this time.

The justices also did not take action on several prominent petitions, including challenges to gun-control measures in Rhode Island and Maryland, as well as a dispute concerning the transfer of federal land deemed sacred by the San Carlos Apache Tribe.

Next Steps for the Court

The Supreme Court is scheduled to convene again for another private conference on March 28, 2025. Orders from this meeting will be disclosed on March 31 at 9:30 AM.