BREAKING: Supreme Court denies Moloney & McIntyre’s Petition for Certiorari in the Belfast Project Case

Today marks the end of the road for Ed Moloney and Anthony McIntyre in the US courts. Without comment, the Supreme Court has 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.

The decision has an immediate effect. Justice Breyer’s stay terminated automatically upon the Court’s denial of the petition. 1 Thus as to the Dolours Price interviews—the interviews that were at issue in the Moloney & McIntyre appeal but not in the Boston College appeal, which is still pending in the First Circuit—today’s decision really is the end of the line in the courts, and barring any change of heart by the Justice Department, and barring any further legal developments in the UK, those interviews could be turned over at any time. There is a stay in effect in the Boston College case, however, so the records that are at issue in that appeal will remain where they are pending the outcome of the appeal.

Readers interested in my prior coverage can find it collected here, or by clicking on the “Belfast Project” link in the “Special Coverage” menu at the top of the screen.

Notes:

  1. While it is possible to petition for a rehearing of the petition, “The order of denial will not be suspended pending disposition of a petition for rehearing except by order of the Court or a Justice,” Sup. Ct. R. 16(3).

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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