Breaking News

Relist Watch

John Elwood reviews Monday’s relisted cases.

As the world gathers at One First Street to watch the Term’s remaining blockbusters indelibly change life as we know it, life in the Relist Watch tidal eddy continues at its normal unrushed pace.

Two of this week’s grants paid their dues in the Relist Watch bush leagues before getting the call to the majors.  Mount Holly v. Mount Holly Gardens Citizens in Action, Inc., 11-1507, the disparate impact Fair Housing Act case, first made an appearance here last fall, before the Court CVSG’edDitto (twice) for Law v. Siegel, 12-5196.

The only new offering left on the beach by this week’s receding tides is Michigan v. Bay Mills Indian Community, 12-515, involving two questions relating to the Indian Gaming Regulatory Act (IGRA):  whether a federal court has jurisdiction to enjoin IGRA violations that take place outside of Indian lands, and whether tribal sovereign immunity bars a state from suing in federal court to enjoin a Tribe from such violations.  The case involves a casino that the Bays Mill Indian Community from Da U.P. opened on land that (Michigan says) is not “Indian land” eligible for gaming.  The Sixth Circuit concluded it lacked jurisdiction to hear Michigan’s IGRA claims, in part because the statute only authorizes suit to enjoin gaming activity “on Indian lands.”  The SG recommended that the Court deny cert., defending the Sixth Circuit’s decision and identifying vehicle problems.  The Water-Winter Wonderland doubtless hopes the SG’s recent string of bad luck continues.

If you find that the Supreme Court’s slew of recent grants and opinions are keeping you so busy that you have time for nothing else, you’re not alone:  last week’s relists are basically in stasis.  Case(s) in point: The Court relisted for the fifth time since receiving the record in White v. Woodall, 12-794, the Sixth Circuit state-on-top habeas case, and for the fourth time in Gallow v. Cooper, 12-7516, the Fifth Circuit state-on-bottom habeas case.  Some might think that serial relists in habeas cases portend imminent action, but we at Relist Watch are far too cautious and measured to engage in such speculation.  Last week’s knot of seven new relists are all back for a second round of seasoning: Harris v. Quinn, 11-681 (the First Amendment challenge to compelled use of a representative to seek greater Medicaid reimbursements); two victim restitution cases, Amy and Vicky, Child Pornography Victims v. U.S. District Court for the Western District of Washington, 12-651, and Wright v. United States, 12-8505 (involving the role of proximate cause in restitution for children depicted in child pornography); the patent infringement case Limelight Networks, Inc. v. Akamai Technologies, Inc., 12-786, and its conditional cross-petition, Akamai Technologies, Inc. v. Limelight Networks, Inc., 12-960; Ryan v. Schad, 12-1084 (another state-on-top Ninth Circuit habeas case); and UBS Financial Services Inc. of Puerto Rico v. Union de Empleados de Muelles de Puerto Rico, 12-1208 (involving demand futility in shareholder-derivative suits).

Thus ends an uncharacteristically brief installment of a column not known for sparing words.  The Justices will gather for their final scheduled Conference of the Term on Thursday (there will likely be an impromptu mop-up Conference after that).   You are tantalizingly close to an entire summer of unmatched productivity without Relist Watch to drag you down.

Thanks to Jeremy Marwell and V&E summer associate Varun Jain for compiling and drafting this update.

[page]12-515[/page] (relisted after the June 13 Conference)


[page]11-681[/page] (relisted after the June 6 and June 13 Conferences)


[page]12-651[/page] (relisted after the June 6 and June 13 Conferences)


[page]12-8505[/page] (relisted after the June 6 and June 13 Conferences)


[page]12-786[/page] (relisted after the June 6 and June 13 Conferences)


[page]12-960[/page] (relisted after the June 6 and June 13 Conferences)


[page]12-1084[/page] (relisted after the June 6 and June 13 Conferences)


[page]12-1208[/page] (relisted after the June 6 and June 13 Conferences)


[page]12-7516[/page] (relisted after the April 12, May 30, June 6, and June 13 Conferences)


[page]12-794[/page] (relisted after the May 16, May 23, May 30, June 6, and June 13 Conferences)

Recommended Citation: John Elwood, Relist Watch, SCOTUSblog (Jun. 18, 2013, 9:39 PM),