An Update to our Supreme Court Update

Yesterday we posted an update that the two sex offender cases we were following were not listed on yesterday’s order issued by the Supreme Court, listing the eleven cases that were granted certiorary.

Rather than amend that post with a prelude or keep responding to comments from people who incorrectly are commenting that cert. was denied in the two cases, we thought that it would be prudent to post separately.

Our post was an update to an earlier post advising that the two cases were being considered during the Justice’s conference, which took place on September 25th.

On September 25th, as scheduled, the SCOTUS Justices held a conference (behind closed door and the public gets no insight into what was discussed). At that conference they were scheduled to consider just over 100 cases including the Minnesota Civil commitment case (Karsjens) and the 6th Circuit Ex Post Facto Case (Snyder).

On the 28th, again as scheduled, the SCOTUS issued an order which listed the eleven cases they granted cert. for and would be hearing in the upcoming session. The two sex offender cases were not on that list.

For those who were hoping the cases would be granted cert. yesterday, is disappointing that it they were not picked up.

However, as numerous sources correctly reminded us, that does not mean cert. was denied. As the proverbial saying goes, ‘the fat lady has not sung yet’.

Because no individual orders have been issued on cases yet (other than the order listing the cases that were, in fact, accepted), we don’t know, for example, whether the SCOTUS will issue an order denying it, requesting additional information, will reschedule it for a later conference, etc. Recall, Snyder, was previously scheduled for conference on March 24th and on March 27th the SCOTUS asked the Solicitor General to submit a brief.

Since yesterday’s post had created some confusion, we removed everything below posting the fact that the list was posted and our cases didn’t make the cut. There are still possibilities.

We will continue to keep you apprised and remind you that even if Snyder gets denied cert (to be blunt… statistically only 2% of writs get granted) the outcome will be a HUGE win in the 6th Circuit that the SCOTUS saw nothing worthy of reconsidering.