Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Swanson v. Morgan

Petition for certiorari denied on June 11, 2012

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
11-941 5th Cir. N/A N/A N/A N/A OT 2011

Issue: Whether, in this qualified immunity appeal from a motion to dismiss, the Fifth Circuit's discussion of the merits of the underlying constitutional issues should be vacated because the Fifth Circuit correctly held that the law was not clearly established, the parties do not have a continuing interest in the legal issues at stake, and the Fifth Circuit's discussion of the constitutional issue constitutes an impermissible advisory opinion.

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