BY Benjamin ClarkJuly 24, 2024
2 months ago
BY 
 | July 24, 2024
2 months ago

Supreme Court Denies Rehearing For Dozens Of Cases

The Supreme Court has once again upheld its decision to not reconsider nearly 30 cases that had previously been denied. This rare judicial action underscores the firm stance the court often takes on revisiting its decisions.

Newsweek reported that the Supreme Court released an order list on Monday that included the denial of rehearings for almost 30 cases. Such action highlights the usual manner in which the court handles requests for a second look at earlier decisions.

Requests for rehearings are permissible within a defined timeframe, specifically within 25 days after the Supreme Court issues a denial of certiorari, which signifies the Court’s refusal to review a case.

Understanding the Rehearing Process

Rehearings in the Supreme Court may take place under two circumstances: following a merits decision or after a denial of certiorari. However, as legal interpretations are so rare, the occasion of the court reversing its stance on previous decisions remains noteworthy.

Alex Badas, a professor of judicial politics at the University of Houston, points out, "The Supreme Court granting a rehearing is extremely rare."

Certain procedural nuances were also observable in the recent order. For instance, Justice Samuel Alito abstained from participating in one of the cases, though specific details on why were not disclosed in the court’s brief.

Additionally, cases involving certain justices either due to prior roles or direct involvement also warranted abstentions in participation. Justices Brett Kavanaugh and Ketanji Brown Jackson stepped aside from considering the case Omar Khadr v. United States because of their previous roles as appeals court judges.

Justices’ Involvement

Further, Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson were named defendants in the initial petition of the case Brunson v. Sotomayor, et al., which led them to not participate in the decision-making process.

Similarly, the entire conservative supermajority comprising Justices Kavanaugh, Alito, Chief Justice John Roberts, and Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett excused themselves from a case in January where they were named as defendants.

Elaborating further on the conditions under which the Supreme Court might reconsider its decision, Alex Badas provided some insights. "Justices might grant a hearing in a case involving certiorari denial if the Supreme Court, since denying the writ of certiorari, issued a merits decision in another case that changes how the Justice view the case they just denied," he explained.

This delineates the narrow paths through which a denied case might once again find its way before the justices for a second review.

The profound rarity of rehearings is a testament to the appellate strength of the Supreme Court’s initial decisions.

One after a merits decision and the other following a denial of certiorari; both paths reflect a standard of finality and precision in judicial review that is rigorously maintained. "One after the merits decision. One after a denial of certiorari. Both are very rare," reiterated Professor Badass, foregrounding the stringent criteria that the Supreme Court adheres to.

Conclusion

In summary, the Supreme Court’s recent denial of rehearings across nearly 30 cases marks a consistent adherence to judicial finality, despite provisions for such reconsiderations.

This snapshot of judicial proceedings enlightens on the inner workings of the nation’s highest court and the complex interplay of legal principles, individual justice backgrounds, and procedural rigors that define its day-to-day decisions.

Written by: Benjamin Clark

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