There are two (actually three) petitions that will be discussed at least indirectly at today’s Conference (SCOTUSblog link here). We will know Monday if any of these petitions are granted, and later in the week if any are denied. In order of our estimates of the chance of a grant, here they are:
Significant likelihood (perhaps over 50 percent), based entirely on the fact that the Court typically grants far more than half of the federal government’s cert petitions:
Title: United States v. Jicarilla Apache Nation
Docket: 10-382
Issue(s): Whether the attorney-client privilege entitles the United States to withhold from an Indian tribe confidential communications between the government and government attorneys implicating the administration of statutes pertaining to property held in trust for the tribe.
Certiorari-Stage Documents:
Likely being held for discussion depending on the determination in Jicarilla is the U.S. v. Eastern Shawnee petition (here).
Little or no chance (less that 10 percent), largely because the federal government brief recommends denial or summary reversal:
Title: Iron Thunderhorse v. Pierce
Docket: 09-1353
Issue(s): Whether the court of appeals misinterpreted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq., to require only a minimal showing that a prison grooming rule which concededly imposes a substantial burden on religious exercise is the “least restrictive means of furthering [a] compelling governmental interest.”
Certiorari-Stage Documents:
- Opinion below (5th Circuit)
- Petition for certiorari
- Brief in opposition
- Respondents’ supplemental brief
- Petitioner’s supplemental brief
- Petitioner’s reply
CVSG Information:
- Invited: Oct 4, 2010
- Filed: Dec 1, 2010 (Deny, or, in the alternative, grant and summarily reverse the decision below and remand for application of the correct legal standard.)
Turtle Talk 
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