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April 16, 2023

Preparing for some criminal action as SCOTUS heads into homestretch for OT22

After a couple of (eventful) weeks off, the Supreme Court heads into its last set of oral arguments for the current Term.  There are a couple of cases being argued the next two Wedensdays that might be of interest criminal justice fans:

Counterman v. ColoradoNo. 22-138, to be argued April 19:

Issue: Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as a threat of violence.

Tyler v. Hennepin County, MinnesotaNo. 22-166, to be argued April 26:

Issue: (1) Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment's takings clause; and (2) whether the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.

In addition, this coming week, we are due to get an orders list before arguments start on Monday and opinions from argued cases on both Tuesday and Wednesday.  Before too long we should be getting some more opinions in some more of the the criminal cases argued last fall (though I am inclined to guess we might not get Jones v. Hendrix, the case of great procedural interest, for a few more months).

April 16, 2023 at 02:51 PM | Permalink

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