The results of Friday's SCOTUS private conference. And time marches on. Anyone here getting any younger while we "wait"? (
Young and
Nichols were argued 11 months ago.)
Note that two of the cases granted cert were filed by Neal Katyal, the attorney representing Hawaii in the petition for en banc in
Young. As Kennedy mentions in the video below there are approximately 8200 applications for cert each year, the justices consider about 500 of them, and grant cert to less than 100... just to show the odds of two cases being accepted from one attorney.
Eight new grants, Ginsburg recovery from surgery “on track”http://www.scotusblog.com/2019/01/eight-new-grants-ginsburg-recovery-from-surgery-on-track/The list of grants
did not, however, include some of the high-profile cases that the justices considered this morning, involving issues such as abortion,
gun rights, the Trump administration’s decision to end the “Deferred Action for Childhood Arrivals” program, the ban on transgender servicemembers in the military and whether federal employment discrimination laws protect LGBTQ employees.
* * * * *
Here is an hour long video interview with recently retired SCOTUS justice Kennedy which includes him explaining how things work at the private conference where granting cert is handled, which basically amounts to each justice, in order of seniority, saying whether they think cert should be granted or not, apparently without any further discussion. The "discussion" takes place during oral arguments when each justice gets to "question" counsel for both sides, which is indirectly commenting on the views of opposing justices. Kennedy also mentions that he thinks it's usually a good idea for lawyers with SCOTUS experience to argue the cases there, as opposed the attorneys who may have handled the cases at all stages prior to the SCOTUS appearance (See:
Young). The discussion of these matters starts at 22:40 of the video.