Malpasso v Pallozzi SCOTUS Cert Petition Filed

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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I was looking for the same thing, I found this on scotusblog

    I still don't know why some are held but Not relisted

    Conferences are for deciding things such as granting or denying cert, or remanding for consideration of another case. If you want to make a decision it needs to be made at a conference.

    They likely hold cases that they do not want to make a current decision, but may want to do something in the future and are not sure when exactly that might occur.

    Most of the 2A cases are being held. Many are speculating that they will not do anything with these until they reach a decision on the NYSRPA case. They holding them until it makes more sense to make a decision. They will likely be scheduled for a conference once that determination is made.

    The bump stock case is being relisted multiple times, which indicates they are still deciding what to do. The relists suggest they don't believe this case fits with the other 2A cases. Someone may be writing a dissent for denial, they also may be trying to negotiate additional support to grant cert, or one of the justices wants more time to look at a particular aspect of the case. The decision for this case is likely to be independent of the NYSRPA case and can come as soon as the next conference.
     

    aireyc

    Ultimate Member
    Jan 14, 2013
    1,166
    What do these various states mean?

    • Distributed for Conference of MM/DD/YYYY - Not relisted
    • Distributed for Conference of MM/DD/YYYY - Relisted
    • Distributed for Conference of MM/DD/YYYY
    What is a good resource to learn how this process works? I've done a few searches and haven't found anything good yet.

    All petitions before the Supreme Court must go through a set of procedures prior to the justices deciding what to do with the petition. Once the procedures are complete (namely, writing legal briefs), the petition can be distributed to the justices so that they can decide what to do with it. This decision is made during a conference. The petition/materials are typically distributed at the beginning of the week prior to the next conference, so "Distributed for Conference of MM/DD/YYYY" means the petition has been briefed and the justices are going to discuss it in the near future.

    After the conference, you'll typically see one of four things happen:

    1) The justices will grant the petition and agree to review the case either in the current or next term (terms run Oct through Jun).
    2) The petition will be denied outright and that's the end of the road for the case.
    3) The justices will defer to act on the case at a later, unknown time. This would show as "Distributed for Conference of MM/DD/YYYY - Not relisted." Lately, most of the 2A cases have reached this state under the assumption the justices will act once NYSRPA v City of New York is decided.
    4) The justices are actively acting on the case, but still need more time. These will show up as "Distributed for Conference of MM/DD/YYYY - Relisted."

    In this latter case (#4), a petition will typically be relisted for one of three reasons:

    1) The justices are still deciding if they should grant the petition. Last year, most cases were relisted at least once before the petition was granted.
    2) The justices have decided to deny the petition, but at least one of the justices wants to write a dissent about why he/she disagrees with the denial and thinks the case should be heard.
    3) The justices are able to decide the case without hearing argument (because it's so straightforward), and they are in the process of writing an opinion.

    The more frequently a petition is relisted, the more likely it's going to be #2 or #3.

    The results of a conference are announced when the Court releases orders, typically the first working day after the conference. Sometimes petition grants will be announced the day of the conference. If a petition is not denied at a conference, there's a limbo period until the next distribution before we can determine if the case is going to be relisted or held.

    I hope that clears things up.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474

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