Supreme Court Update

Both of my “Cert. Pending” cases to watch are to be discussed at the Justices’ conference this Friday, April 12. And both have made SCOTUSBlog’s “petitions to watch” list, which means that in Tom Goldstein’s view, both “have a reasonable chance of being granted.” Under the Supreme Court’s ordinary practice, we can expect orders in both cases on April 15, though sometimes the Court defers a decision to a later date. So we can expect next week to be a big week in international judicial assistance at the high court, one way or another!

The two cases are:

I have said it before—I am not in the Supreme Court prediction business. So here are my predictions. I think the Court is somewhat likely to grant Argentina’s petition, because there is a true circuit split that needs resolving between the Second and Seventh Circuits and because the issue is not just academic in light of the Argentine bond litigation. I think the Court is unlikely to grant M&M’s petition, because I do not think there is a real split of authority and because I think their arguments are not too strong. But I have been wrong before, and the Court will do what it will do.

One response to “Supreme Court Update”

  1. […] Today marks the end of the road for Ed Moloney and Anthony McIntyre in the US courts. Without comment, the Supreme Court denied their petition for a writ of certiorari. Thus the First Circuit decision will be the last word in the case. As an added bonus, the Supreme Court’s decision doesn’t make me look foolish for having predicted the outcome despite my “I’m not in the Supreme Court prediction business” disclaimer. […]

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