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Tuesday round-up

Yesterday the Supreme Court issued additional orders from last Friday’s conference, adding no new cases to its merits docket. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. Adam Liptak reports for The New York Times the court announced that “it would not hear a closely watched case on whether cities can make it a crime for homeless people to sleep outdoors,” City of Boise, Idaho v. Martin. For the Los Angeles Times, David Savage reports that “[t]he Supreme Court did not explain its decision to turn down the appeal — the justices usually do not do so — but they may have thought the dispute was moot,” because “in 2014, Boise announced its police ‘shall not enforce’ its misdemeanor ordinances against sleeping or camping in public when no shelter space is available.”


  • At CNBC, Dan Mangan reports that “[a] Mississippi judge on Monday set bail for Curtis Flowers, five months after the U.S. Supreme Court reversed his latest murder conviction due to racial discrimination by a prosecutor who methodically excluded black jurors in six separate trials of Flowers for the same crime.”
  • For Capitol Media Services (via, Howard Fischer reports that “Arizona’s attorney general wants the U.S. Supreme Court to rule prosecutors are entitled to multiple attempts to convict someone of first-degree murder even after a jury effectively finds the charge has no legal merit.”
  • At The World and Everything in It, Mary Reichard discusses the oral arguments in maritime contract case CITGO Asphalt Refining Co. v. Frascati Shipping Co., Ltd., Retirement Plans Committee of IBM v. Jander, which involves claims against pension-fund fiduciaries, and Georgia v. Public.Resource.Org Inc., which asks whether the annotations to Georgia’s official legislative code can be copyrighted. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in CITGO and Public.Resource.Org.]
  • At Legal Insurrection, Cody Wisniewski reluctantly predicts based on the oral argument in New York State Rifle & Pistol Association Inc. v. City of New York, a challenge to New York City’s since-amended limits on transporting personal firearms, that the court will dismiss the case as moot, but he notes that “there are a number of other Second Amendment cases pending that the Court ought to address in the near future.”
  • In the latest episode of Strict Scrutiny (podcast), Melissa Murray and Jaime Santos “deck the halls with argument recaps, cert grants, and opinions– plus some speculation about upcoming wardrobe choices for Chief Justice Roberts.”

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Recommended Citation: Edith Roberts, Tuesday round-up, SCOTUSblog (Dec. 17, 2019, 7:03 AM),