Relist Watch

John Elwood reviews Monday’s relists. Even as the world grows more topsy-turvy by the minute , the Supreme Court’s relists this week are heavily a status quo affair. The gun cases are still there. The qualified immunity cases are still there. And the two ancient serial relists Andrus v. Texas and United States v. California inexplicably shuffle back for yet another curtain call this week, a trip they’ve been making almost weekly since November 2019 and January 2020 , respectively. If we needed any further proof that we’re living in a dystopian future, even the relists this week reflect the basic fact of life Beyond Thunderdome : Two cases enter, one case leaves . The one case leaving is Jarchow v. State Bar of Wisconsin , 19-831 , which involved a First Amendment challenge to mandatory bar membership and dues. The court denied review, but Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented to say that the court’s recent First Amendment jurisprudence has undercut the legal basis for upholding mandatory bar membership. Now on to the two cases entering. The first is Niz-Chavez v. Barr , 19-863 . The attorney general can cancel removal of a nonpermanent resident who has 10 years of continuous presence in the United States, and of a permanent resident who has seven years of continuous residence here. Under the “stop-time rule,” the government can end those periods of continuous residence by serving “a notice to appear,” which provides “written notice … specifying” specific […]

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