Tuesday, May 8, 2012

Is the Pleau case cert-worthy? Predicting cert. decisions is perilous, but SCOTUS' rules describe some of the considerations that govern cert. What seems most applicable here is Rule 10(c), which suggests that cert. might be granted in a case where "a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court . . ." No doubt application of the Interstate Agreement on Detainers (IAD) is an important question, but is this issue likely to occur again? Perhaps not with sufficient frequency that SCOTUS needs to get involved. On the other hand, this case arises in an atmosphere of tension in federal-state relations manifested in the Obamacare cases and the Arizona immigration case. Of course, the Department of Justice could moot the entire controversy by backing off on its threat to seek Jason Pleau's execution. Stay tuned!

No comments:

Post a Comment