Relists, etc.
on May 16, 2005 at 10:17 am
One significant relist. The Court has put over an abortion case for further consideration at its next conference: No. 04-1144, Ayotte v. Planned Parenthood of Northern New England, a parental consent case.
The Court also relisted a capital case, No. 04-1170, Kansas v. Marsh.
The Court did not act on No. 04-1034, Rapanos v. United States, which involves the application of the Clean Water Act to nonnavigable waters. Nor will the case be considered at the Court’s next conference. That suggests that the petition is being held either for Raich or for another related petition now being briefed – No. 04-1384, Carabell v. United States Army Corps of Engineers.
UPDATE: The Court also took no action on a significant knock-and-announce criminal case that was on the List, because it has called for the lower court record in the case: Hudson v. Michigan (04-1360). The question is whether the remedy for police failure to knock and announce their arrival to search a home is exclusion of the evidence that results from the search. A Michigan Court of Appeals decision last June said that suppression of the evidence is not an appropriate remedy for violating the knock-and-announce rule. There is a conflict among lower courts on the issue.
