« "Rights, Reasons, and Culpability in Tort Law and Criminal Law" | Main | Reviewing some reviews of the impact of SCOTUS Fischer ruling on Jan 6 prosecutions »
June 29, 2024
Taking early stock of the SCOTUS criminal docket (and diverse votes therein)
Though there is still one last criminal case pending before SCOTUS, Trump v. US, I do not think it is too early to take stock as to how the Supreme Court resolved the criminal cases on its docket this Term. Of course, just figuring out which cases should count as the "criminal cases" can be contestable, as the Court addresssed a number of "criminal law adjacent" cases dealing with issues ranging from immigration consequences to civil forfeiture process to civil rights suits against law enforcement. Below, I have listed cases involving federal/state prosecutors up against criminal defendants (and I welcome comments about cases I should add to this list).
Argued OT23 SCOTUS cases with wins for government/prosecutors (total/notable votes in case)
Pulsifer v. US (federal case, 6-3 vote, Justice Kagan writing for Court, Justice Gorsuch writing dissent)
US v. Rahimi (federal case, 8-1 vote, Chief Justice Roberts writing for Court, Justice Thomas writing dissent)
Brown v. US (federal case, 6-3 vote, Justice Alito writing for Court, Justice Jackson (joined by Justice Gorsuch) writing dissent)
McIntosh v. US (federal case, 9-0 vote, Justice Sotomayor writing for Court)
Diaz v. US (federal case, 6-3 vote, Justice Thomas writing for Court, Justice Gorsuch writing dissent)
Thornell v. Jones (habeas case, 6-3 vote, Justice Alito writing for Court, Justices Sotomayor and Jackson writing dissents)
City of Grants Pass, Oregon v. Johnson (state case, 6-3 vote, Justice Gorsuch writing for Court, Justice Sotomayor writing dissent)
Argued OT23 SCOTUS cases with wins for criminal defendants (total/notable votes in case)
McElrath v. Georgia (state case, 9-0 vote, Justice Jackson writing for Court, Justice Alito writing concurrence)
Smith v. Arizona (state case, 9-0 vote, Justice Kagan writing for Court, multiple concurrences)
Erlinger v. US (federal case, 6-3 vote, Justice Gorsuch writing for Court, Justices Kavanaugh and Jackson writing dissents)
Snyder v. US (federal case, 6-3 vote, Justice Kavanaugh writing for Court, Justice Jackson writing dissent)
Fischer v. US (federal case, 6-3 vote, Chief Justice Roberts writing for Court, Justice Barrett writing dissent)
With the Trump ruling still on the way (which seems like it might be a partial win for the prosecution and the defense), we have a baker's dozen of criminal cases this Term. A couple were small and relatively inconsequential (McElrath and McIntosh), and a couple seem certain to engender lots of future litigation (Rahimi and Smith). Most intriguingly, only in a few cases (Grants Pass, Snyder and Thornell) did the Court divide along standard ideological lines, and one of those cases was a win for a federal defendant. And we saw opinions from every Justice, with Justices Gorsuch and Jackson being especially vocal in this part of the docket.
The criminal docket made up nearly a quarter of the total SCOTUS docket in this Term (and more than a third of the full docket if we consider all the "criminal law adjacent" cases). Sadly, with more than 20 cases on the docket for next Term, only three are criminal cases. The Justices are sure to add some more criminal cases as the full OT24 docket fills out, but I fear it may be hard for next Terms it prove as dynamic and diverse as the one now winding down.
June 29, 2024 at 10:13 AM | Permalink