Goodbye, October argument session. We hardly knew you.
The justices heard a measly six cases in their opening two weeks of oral arguments of the October 2023 term, about half as many as it usually does during a monthly sitting. The justices next take the bench on Oct. 30 for the start of the November session.
This Friday, however, they will convene for their usual closed-door conference to vote on this week’s cases and decide whether to take up pending appeals. The court is expected to grant several more petitions for certiorari, or review, in the coming weeks and months. In the meantime, there are several shadow docket matters demanding attention, including an appeal from the Biden administration to lift an order restricting White House and other executive officials from contacting social media companies about “misinformation.”
Wednesday’s sole hearing in Alexander v. South Carolina Conference of the NAACP dealt with whether South Carolina’s first congressional district is an unconstitutional racial gerrymander. Over the course of more than two hours, it became increasingly apparent that the conservative justices were leaning in favor of upholding the district for the upcoming 2024 election.
One issue that came up over and over again is the subject of today’s Supreme Court Brief: What amount of deference should the justices show to trial judges?
Thanks for reading. If you’d like to get in touch, you can reach me at jihoover@alm.com. Follow me on X: @JimmyHooverDC.