Today in Supreme Court History: November 24, 2001

11/24/2001: Salim Hamdan was captured in Afghanistan. The Supreme Court would decide his case in Hamdan v. Rumsfeld (2006).

The Roberts Court (2006)

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[JoeFromtheBronx]

Today's Order List is a bit busier than usual.

https://www.supremecourt.gov/orders/courtorders/112425zor_3e04.pdf

The Court handed down two brief per curiam opinions (unsigned opinions) without holding oral argument. As Chris Geidner noted:

"The Supreme Court grants no new cases for merits review in today’s orders list, but it does summarily reverse two lower court rulings in criminal cases—one holding a constitutional error in a Mississippi trial, the other holding the Fourth Circuit improperly ordered a new trial in a Maryland case."

The Mississippi case struck down as unconstitutional a law providing a blanket ability to screen child witnesses. A split SCOTUS opinion earlier upheld the practice, but held it must be "case specific." The Court, in a five-page opinion, left open the possibility that the screen would be harmless error in this case.

(The case first came last spring & was distributed to multiple conferences. This suggests some concern. I think the case should have been accepted for full review and oral argument.)

The Court also (again) refused to take a case to reconsider the Feres doctrine regarding immunity regarding certain military claims. Gorsuch would have taken it. Thomas again wrote to explain why he thinks so, too. Sotomayor is sympathetic but argues stare decisis warrants leaving it to Congress to fix.