Today’s Orders
A copy of today’s orders – including grants of certiorari in Republic of the Philippines, et al. v. Pimentel, et al. (06-1204), United States v. Clintwood Elkhorn Mining Company (07-308) and Rothgery v. Gillespie County (Tex.) (07-440) – is now available here.
To read the lower court opinions and all available certiorari-stage filings in the above-listed cases, visit the petitions to watch list for the November 30 conference (here).
Conspicuously absent from the orders list, evidently relisted, is the Mississippi lethal injection case, Berry v. Epps, No. 07-7348. The Court denied cert. in Berry’s state court case for lack of jurisdiction (independent state ground of procedural default), and the federal court’s denial of relief is clearly correct under Gomez v. United States District Court, 503 U.S. 653 (1992) regardless of how the substantive issue shakes out in Baze.
If they are simply going to hold all executions until the Baze decision regardless of their procedural posture, why did they set it for conference at all?
Comment by Kent Scheidegger — December 3, 2007 @ 7:36 pm
Hi Kent. Every petition gets sent to conference. That’s where the vote to hold takes place.
Comment by Tom Goldstein — December 4, 2007 @ 6:04 am