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Reposted by John Elwood

Chris Geidner @chrisgeidner.bsky.social · 12/06/2026

Martin does great work, and I love this report, but I really dislike this "novel legal technicality" framing. The government has the burden of proof, and they didn't meet it because the speed cameras had a margin of error that put this guy outside the range for which he was charged. That's it.

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John Elwood @johnpelwood.bsky.social · 22/01/2026

The Supreme Court has tackled the enormous backlog of relisted cases, denying most the 2d Amend/felon-in-possession cases & most prisoner cases. Only 1 new relist, concerning scope of Video Privacy Protection Act--whether it covers only privacy of ... videos. www.scotusblog.com/2026/01/the-...

scotusblog.com

The relist logjam finally breaks

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. On Friday, the Supreme Court grante...

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John Elwood @johnpelwood.bsky.social · 16/01/2026

The Supreme Court has granted review in 4 new cases, which presumably will be argued in April and decided by June. All of them were previewed in this week's SCOTUSBlog post linked below. They include the constitutionality of geofence warrants -- a very cutting-edge Fourth Amendment topic.

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John Elwood @johnpelwood.bsky.social · 15/01/2026

With an unprecedented 108 total first-time and returning relisted cases, there's more than enough for #SCOTUS to fill the April argument calendar -- and probably the October calendar too, if they're of a mind to do so.

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John Elwood @johnpelwood.bsky.social · 15/01/2026

Friday's #SCOTUS grants? 17 new relists: State secrets privilege; geofence warrants; federal preemption & generic drugs; patent infringement & generic drugs; deference to Sentencing Guidelines commentary; state taxation of Indians. www.scotusblog.com/2026/01/dock...

scotusblog.com

Dockets on maximum overdrive: seventeen new relists involving ten issues

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. This Friday’s conference marks the ...

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John Elwood @johnpelwood.bsky.social · 24/12/2025

Raffi's brief is hyperlinked in the post!

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John Elwood @johnpelwood.bsky.social · 23/12/2025

SCOTUSBlog has identified 6 relists in cases that are serious candidates for #SCOTUS action. The Supreme Court could issue grants as early as tomorrow (if they're topping off the March argument calendar), though January (for April argument) is more likely. www.scotusblog.com/2025/12/dece...

scotusblog.com

December docket dash: twenty new (likely) relists on seven issues

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues to chur...

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John Elwood @johnpelwood.bsky.social · 11/12/2025

Why I do that annoying Relist Watch column. From @AdamFeldman's most recent substack. open.substack.com/pub/legalyti...

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John Elwood @johnpelwood.bsky.social · 10/12/2025

It turns out @orinkerr.bsky.social has written an article The Moving Property Problem in 4th Amendment law, forthcoming in the Virginia Law Review, that involves one of this week's relisted cases. The lecture form of the article (complete w/fanny pack) is linked below. law.yale.edu/yls-today/ya...

law.yale.edu

2024 Doyle-Winter Lecture: Orin Kerr

Professor Orin S. Kerr delivered the Michael A. Doyle '62 and Bunny Winter Distinguished Visiting Professor of Law Lecture on March 26, 2024. Titled "Searching, Seizing, and Moving," the lecture consi...

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John Elwood @johnpelwood.bsky.social · 08/12/2025

Today's #SCOTUS summary reversal in 2-time relist Doe v. Dynamic Physical Therapy sets a new high-water mark in succinctness.

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John Elwood @johnpelwood.bsky.social · 04/12/2025

Friday's/Monday's #SCOTUS grants? Birthright citizenship, constitutionality of felon-in-possession restrictions under 2d Amendment, parental-rights battles in schools, criminal-venue gymnastics, arbitration jurisdiction, and the reach of Rooker-Feldman. www.scotusblog.com/2025/12/reli...

scotusblog.com

Relistpalooza: fifty new relists, six big fights

The Supreme Court’s relist rolls served up the term’s first two summary reversals last week. As we have observed, the more times a case has been relisted, the likelier it […]

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John Elwood @johnpelwood.bsky.social · 02/12/2025

#SCOTUS will be considering 50 newly relisted cases at this week's Conference, the most I've seen. 44 of those involve 2d Amendment challenges to the law prohibiting felons from owning firearms, as applied to nonviolent offenders. Plus 2 birthright citizenship cases & 4 cases raising other issues!

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John Elwood @johnpelwood.bsky.social · 20/11/2025

Friday's/Monday's #SCOTUS grants? Whether "just compensation" for federal takings is based on state or federal law; federal antidiscrimination preemption of state immunity law; implied rights of action for discrimination under Title IX; & a longshot prisoner plea www.scotusblog.com/2025/11/pipe...

scotusblog.com

Pipeline pay, pandemic preemption, professors’ parity, and a prisoner’s plea

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John Elwood @johnpelwood.bsky.social · 17/11/2025

A preview of today's #SCOTUS grant is below.

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John Elwood @johnpelwood.bsky.social · 12/11/2025

Friday's/Monday's SCOTUS grants? A likely grant regarding whether noncitizens must enter the US to be eligible for asylum; SCOTUS takes a close look at a 4th Circuit habeas grant; & acquitted conduct sentencing returns Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...

scotusblog.com

Borderlines, benchslaps, and burdens of proof

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John Elwood @johnpelwood.bsky.social · 10/11/2025

A preview of this morning's #SCOTUS grant is below: whether federal election law pre-empts state laws allowing absentee ballots cast before election day to arrive a few days after it.

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John Elwood @johnpelwood.bsky.social · 05/11/2025

All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant. www.scotusblog.com/2025/11/the-...

scotusblog.com

The meaning of “election day”

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John Elwood @johnpelwood.bsky.social · 29/10/2025

An interesting history of how then-law-clerk John Roberts was involved in the Dames & Moore case at the center of the upcoming tariffs argument. Fun fact: Roberts studied for the bar w/counsel to the challengers, Michael McConnell. www.cnn.com/2025/10/29/p...

cnn.com

William Rehnquist, his clerk John Roberts and the Supreme Court precedent at the center of Trump’s tariffs case | CNN Politics

Most judges who have considered President Donald Trump’s disputed tariffs have ruled against him. But when the Supreme Court hears his appeal next week, it may be influenced by a forceful dissenting o...

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John Elwood @johnpelwood.bsky.social · 15/10/2025

Friday's (or Monday's) #SCOTUS grants? The government petitions to review a decision striking down on 2d Amendment grounds a law prohibiting gun possession by controlled substance users. And another colorable grant on the scope of judicial estoppel. www.scotusblog.com/2025/10/cont...

scotusblog.com

Controlled substances and courtroom candor

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. It’s only week two of the […]

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John Elwood @johnpelwood.bsky.social · 10/10/2025

The Court granted review on Hunter v. US, previewed below. Note in particular the last line of my write up.

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John Elwood @johnpelwood.bsky.social · 10/10/2025

Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine. www.scotusblog.com/2025/10/the-...

scotusblog.com

The justices return — and so do the relists

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Summer has ended at last. […]

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John Elwood @johnpelwood.bsky.social · 10/10/2025

This week's installment was delayed because I had an argument in New Orleans Tuesday morning, then travelled up to Maine for Damariscotta's annual Pumpkinfest. My feed will transition from legal topics to oversized gourds shortly after 10 or 11 am.

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John Elwood @johnpelwood.bsky.social · 10/10/2025

#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.

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John Elwood @johnpelwood.bsky.social · 26/09/2025

In an earlier trial, the judge repeatedly said "I would urge government to continue their investigation" of doctors, voicing "hope" govt "pursuing … the corrupt doctors," including Dowd. Govt indicted & case assigned to different judge. On Govt motion, 1st judge presided over case he'd "urge[d]."

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John Elwood @johnpelwood.bsky.social · 23/09/2025

Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process. What will #SCOTUS do?

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Reposted by John Elwood

Ennie @anyuse.bsky.social · 31/07/2025

Dear pierogi man: I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there. I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.

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John Elwood @johnpelwood.bsky.social · 31/07/2025

Tonight's walk. Pemaquid Point ME lighthouse.

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John Elwood @johnpelwood.bsky.social · 09/07/2025

This guy showed up in my backyard just a couple days late.

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John Elwood @johnpelwood.bsky.social · 03/07/2025

And there they are: #SCOTUS has added transgender sports cases, a Heck v. Humphrey case, and state sovereign immunity cases.

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John Elwood @johnpelwood.bsky.social · 01/07/2025

Thursday's #SCOTUS grants? Court appears to have relisted the 3 transgender sports cases--potential blockbusters; a parental notification abortion case; 3 interesting state sovereign immunity cases; & 2 cases about using Section 1983 to challenge laws w/o vacating your conviction under them first.

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John Elwood @johnpelwood.bsky.social · 28/06/2025

Interesting that Justice Kavanaugh had two majority opinions for April and Justices Kagan and Jackson had none. They must have been assigned the ill-fated LabCorp and St. Isidore cases.

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John Elwood @johnpelwood.bsky.social · 27/06/2025

From Consumers Research today: Justice Kavanaugh, who called for reconsideration of nondelegation doctrine, has made his peace with the "intelligible principle" standard. He makes explicit what some have speculated: Justices think major questions doctrine has mitigated risks of expansive delegation.

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Reposted by John Elwood

Lawrence Hurley @lawrencehurley.bsky.social · 26/06/2025

Supreme Court will have its final rulings of the term, including birthright citizenship, on Friday.

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John Elwood @johnpelwood.bsky.social · 25/06/2025

Here's my preview of what I think may be Monday's #SCOTUS grants. They include a potential campaign finance blockbuster, where the Court may overrule a precedent about coordinated spending. Plus another election law challenge, a civ pro case, and immigration. www.scotusblog.com/2025/06/a-bl...

scotusblog.com

A blockbuster finale looms

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John Elwood @johnpelwood.bsky.social · 24/06/2025

I'll be posting less, as the ex-Treasury Secretary has written me from the future (24/7/2025) using abdullahianas468's gmail account to give me $30.000,000 dollars. As usual when claiming a totally legitimate government benefit, all I have to do is send her a $150 Apple gift card.

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John Elwood @johnpelwood.bsky.social · 23/06/2025

The case I called "a likely grant" two weeks ago was granted today. One of the more interesting cases on for #SCOTUS argument in the fall. Click the link below for a preview.

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John Elwood @johnpelwood.bsky.social · 21/06/2025

Like most people, I spent my Friday night reading the day's Supreme Court opinions. And based on decisions that are out so far, I suspect Texas is going to like the outcome of Free Speech Coalition v. Paxton.

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John Elwood @johnpelwood.bsky.social · 21/06/2025

See this week's Relist Watch. Come Monday, Bivens may be due for another smackdown/trimming (or perhaps worse).

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Reposted by John Elwood

Carl Cecere @carlcecere.bsky.social · 20/06/2025

Ah hmm interesting reading the opinion in Fuld and what's this? The Chief citing the US brief citing my brief! That's a double citation now I have gained the power to EAT ALL OF YOUR SOULS.

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John Elwood @johnpelwood.bsky.social · 19/06/2025

I think we have some likely #SCOTUS grants in this week's post, involving (1) whether RLUIPA religious-liberty plaintiffs can pursue damages against officials personally, and (2) whether Bivens is due for another setback (or to be overruled entirely). www.scotusblog.com/2025/06/rlui...

scotusblog.com

RLUIPA personal liability and Bivens on the brink

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The end of the Supreme Court’s […]

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John Elwood @johnpelwood.bsky.social · 10/06/2025

There are no newly relisted cases this week, but at the risk of mission creep, I preview a likely #SCOTUS grant involving possible constitutional limits on giving money damages for infringing religious exercise. The case of the shaved dreadlocks. www.scotusblog.com/2025/06/miss...

scotusblog.com

Mission Creep Watch: A non-relisted case the Supreme Court might grant

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John Elwood @johnpelwood.bsky.social · 07/06/2025

Three of Friday's #SCOTUS grants were previewed in last week's post; the fourth was previewed back on May 29th. The part I'm proudest of concerned the dispute over whether Carter v. US or Rutherford v. US was the better vehicle to address this newest "compassionate release" issue:

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Reposted by John Elwood

Rick Hasen @rickhasen.bsky.social · 04/06/2025

don't sleep on that PA independent state legislature theory case

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John Elwood @johnpelwood.bsky.social · 04/06/2025

Monday's #SCOTUS grants? More on the compassionate release statute; a challenge to a Pennsylvania Supreme Court ruling on ballot counting; a federal removal case; & time limits on challenging void judgments. There are some very likely grants this week! www.scotusblog.com/2025/06/comp...

scotusblog.com

Compassionate release, election rules, and procedural puzzles

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John Elwood @johnpelwood.bsky.social · 02/06/2025

Three of today's #SCOTUS grants were previewed in last week's post: both gov't contracting cases & case involving standing to challenge laws concerning ballot counting. 4th--involving constitutionality of warrantless entry when police suspect occupant may attempt suicide--was previewed 2 weeks ago.

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John Elwood @johnpelwood.bsky.social · 30/05/2025

In St. Andrews, Scotland for a few days. An incredibly pretty small town with some amazing details if you keep your eyes open.

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