SCOTUS NEWS: Justices' Actions and Denials

Nov 18, 2024 at 4:09 PM
The Supreme Court's decisions and non-actions have been a topic of great interest. By Amy Howe on Nov 18, 2024, at 11:09 am, the justices have yet to fill the final three argument sessions of the term. (Aashish Kiphayet via Shutterstock)

Second Week of No New Cases

For the second consecutive week, the Supreme Court did not add any new cases to its docket for the 2024 - 25 term. In the Monday morning list of orders, they turned down dozens of petitions for review considered at their private conference on Friday. This included petitions on the constitutionality of state campaign finance laws and an Alabama man's death sentence.The justices again did not act on several high-profile petitions involving issues like the constitutionality of admissions programs for Boston's elite public high schools and a challenge to a Wisconsin school district's plan for transgender and nonbinary students. They will meet again for another private conference on Friday, Nov. 22.

Campaign Finance Laws in Alaska

More than 14 years after the Citizens United v. Federal Election Commission decision, which removed limits on independent political expenditures by corporations and unions, the justices declined to weigh in on a challenge to two campaign - finance laws enacted by Alaska voters in 2020.The laws aimed to target "dark money" - money spent to influence elections without public knowledge of the source. One regulation requires those giving more than $2,000 in a calendar year to groups influencing elections to report donations within 24 hours. The other requires election ads to disclose when a majority of donations come from outside Alaska.Five voters and two election - spending groups went to federal court in Alaska, arguing the regulations violated the First Amendment. A federal district judge rejected their request to block the regulations before the 2022 elections, and the 9th Circuit Court of Appeals upheld the decision.The challengers came to the Supreme Court this summer, contending the regulations were an "outlier" among campaign finance rules and placed "unprecedented burdens" on citizens' right to speak. But after considering the appeal at five consecutive conferences, the justices ultimately denied review without comment.

Alabama Death Sentence Case

The Supreme Court on Monday also refused to overturn the death sentence of Michael Iervolino, convicted of the 2019 shooting death of 20 - year - old Sloan Harmon. Iervolino argued his trial should have been moved to another venue, but Alabama's highest court for criminal cases rejected that and upheld his sentence.Prosecutors described the murder as a road rage incident. The case received widespread publicity as the victim was the son of the local district attorney. News articles discussed Iervolino's criminal history and recent jail release. Law enforcement officials described the victim as a "great citizen" and a "great serviceman" and lamented the impact of his loss.At Iervolino's trial, both the district attorney and St. Clair County judges recused themselves. Iervolino argued he couldn't get a fair trial due to the victim's relationship and news coverage. But the trial judge twice denied his request to move the trial, and he was convicted and sentenced to death.The Alabama Court of Criminal Appeals upheld the trial court's denial and his conviction and death sentence. The Alabama Supreme Court declined to review his case.Iervolino came to the Supreme Court this summer, arguing the "failure to provide a fair hearing by impartial jurors violates due process."The state countered that Iervolino hadn't shown he couldn't get a fair trial in St. Clair County. Most murder news was published nearly two years before the trial, and only 18 of 70 prospective jurors said they had heard about the case. Of those, six were excused, and 12 said they hadn't prejudged.The justices requested the record from the lower court, indicating they were giving the case a close look, but ultimately denied review without comment.

West Virginia Transgender Sports Law

The justices also declined to weigh in on a technical question arising from a challenge to a West Virginia law banning transgender girls and women from competing in certain sports. They did not act on West Virginia's petition for review of a 4th Circuit Court ruling allowing a 13 - year - old transgender girl to remain on her school's teams.