The Supreme Court announced it will hear arguments in just two cases in December. That puts the court on pace to hold hearings in only 29 cases this term. Even with the seven opinions filed or filing this term that were argued last term, deciding 36 cases would be an historic low.
Last term, the court issued 45 opinions, probably the lowest ever. (See here and here.) It’s likely the court will equal or exceed that number this term if it follows last term’s pattern of having its later calendars be the largest. That’s a recent trend (see here), but a departure from a policy instituted in 2016-2017, when the court decided to have its calendars more evenly balanced throughout the term instead of backloading cases.
Because of Justice Martin Jenkins’s retirement, there will be a Court of Appeal justice sitting pro tem on each of the two cases. (The pro tems have not been assigned yet.) And it’s possible the vacancy is responsible in part for December’s small calendar. To avoid having a pro tem justice potentially cast a deciding vote, short-handed courts normally don’t schedule a case for argument if four of the permanent justices haven’t tentatively agreed on a decision. (See here and here.)
On Wednesday, December 3, in Los Angeles, the court will hear these cases (with the issue or issues presented as summarized by court staff or limited by the court itself):
Shear Development Co. v. California Coastal Commission: What standard of review applies to a decision by the California Coastal Commission asserting appellate jurisdiction under Public Resources Code section 30603, where such jurisdiction depends on the Coastal Commission’s disagreement with a local government’s interpretation of its local coastal program? The court granted review in June 2024. More about the case here.
People v. Morgan: Is assault (Pen. Code, § 240) a necessarily included lesser offense of resisting an executive officer by force or violence (Pen. Code, § 69, subd. (a))? The court granted review in October 2024. More about the case here.
Briefs for the cases will soon be posted here. The arguments will be live streamed. Opinions in the cases should file by March 2.
