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This post will address some basic questions to clarify the scope of the question accepted for review and the implications and potential outcomes of the Supreme Court's decision to grant cert.
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The Supreme Court, granting cert.
It seems that the Court now is granting cert to cases specifically for the purpose of overturning precendent.
· PrawfsBlawg: A blog post from before the Supreme Court granted cert, arguing that the Court should do so.
Knowing that even the respondent thinks a grant is plausible is like an admission against interest that gives the court more confidence in granting cert.
Monday morning the U.S. Supreme Court granted cert in Yates v. United States, a case challenging the application of a provision of the Sarbanes-Oxley law to a fisherman's destruction of illegally caught fish.
The scenario is one that Cornell Professor John Blume has published on frequently throughout his career and he has recently been quoted in media reports detailing the court's decision to clarify its death penalty jurisprudence by granting cert in Hall v. Florida.
Justice Felix Frankfurter argued against granting cert in that case, partly on the grounds that "the government's argument in the district court was terrible" — so bad, in fact, that it might lead to a broadly bad precedent if the Court ruled in its favor — but its case would be better if presented in the Court of Appeals.
For a petition to be accepted - known in Supreme Court parlance as "granting cert" - four of the nine justices must vote to take the case and hear oral arguments.
The past few years have seen some other remarkable victories, in federal courts with Prop 8 and DOMA, in the military with the repeal of "don't ask, don't tell" for gay service members, and with the accelerated progress in marriage equality across the country, both this past Election Day and with the Supreme Court granting cert last week to both the Prop 8 and DOMA cases.
Professors Bill Eskridge, Reva Siegel, and Lecturer Linda Greenhouse discuss the U.S. Supreme Court's recent grant of cert for the petitions challenging marriage equality on February 10 , 2015
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com