The Supreme Court today announced it will hear only two cases next month. With seven of the term’s 11 calendars concluded or scheduled, the court is on track to issue just 36 opinions for its 2024-2025 sessions, which would be an historic low. (See here.)
The court started last term slowly and picked up the pace later, ending with 58 opinions. However, the acceleration started with last year’s March calendar, which had six cases, and it came after the Chief Justice said the entire court was aware of the numbers problem and reported that the justices had set internal targets for issuing opinions.
To equal last term’s 58 opinions, the court would need to hear 35 cases in the term’s final four oral argument sessions, an average of almost nine cases per calendar. So far, the largest calendars this term have had just four cases.
On Wednesday, March 5, in San Francisco, the court will hear these cases (with the issue or issues presented as summarized by court staff or limited by the court itself):
People v. Emanuel: Does sufficient evidence support the trial court’s finding that defendant acted with reckless indifference to human life and therefore was ineligible for resentencing pursuant to Penal Code section 1172.6? The court granted review in September 2023. More about the case here.
People v. Barrett: This is an automatic direct appeal from an April 2004 judgment of death. The court’s website does not list issues for death penalty appeals. Counsel was appointed in November 2008. Initial briefing was completed in December 2015. In December 2023, the court issued its now-routine order for supplemental briefing “[i]f appellant contends any changes in the law (including any ameliorative statute) since the filing of the reply brief are relevant to this appeal.” That briefing is still in progress — the defendant’s reply to the People’s supplemental answering brief is presently due on February 26.
Briefs for the cases will soon be posted here. The arguments will be live streamed. Opinions in the cases should file by June 2.
