Supreme Court geek John Elwood writes at the Volokh Conspiracy:
While the settlement ends this case, this is not the last we’ve seen of this issue. Any other case which credibly presents the same issue will have an enhanced chance of being granted, because the Court has a demonstrated interest in the issue. The facts of Pottawattamie County were particularly sympathetic, which made it more cert-friendly than the run-of-the-mine case; but at this point, I think the Court is interested in the issue and won’t need outrageous facts to grant.
While I have compiled a list of cases I suspect the Court is holding pending resolution of cases on its merits docket, I am not aware of any cases being held for Pottawattamie County. Nor am I aware of any pending cases out there that present the same question. If you know of any, let me know in the comments. It’ll be interesting to see where this goes.A commenter suggests this answer:
The 5th Circuit’s recent en banc tie vote in Thompson v. Connick would seem to be a likely candidate, although I don’t know if a cert petition has been filed by the NOLA prosecutor’s office. The time for seeking cert would have run only recently, and may well have been extended, so it likely wouldn’t be teed up for a conference until later this spring. http://www.ca5.uscourts.gov/opinions/pub/07/07–30443-CV2.wpd.pdf
Update: A petition for cert in that case was filed in November, and the response is due next week. http://origin.www.supremecourtus.gov/docket/09-571.htmI saw that Fifth Circuit Judge Edith Jones wrote the dissent in Thompson. So we can count on the opinion involving pure evil.
Judge Jones Trivia: Remember Texas District Court Judge Samuel Kent? He's the guy who resigned on threat of impeachment, after being convicted of criminal sexual assault. He's in prison.
Judge Jones' response to Judge Kent's conduct was, "What's a little sexual assault among friends?" Think I'm kidding? Here's the discipline she meted out:
Judge Jones oversaw the panel of judges from the Fifth Circuit that investigated the initial accusation that Judge Kent had sexually harassed his case manager, Cathy McBroom, in 2007. After an investigation, the judicial council suspended him for four months without pay and reprimanded him, without releasing details of the abuse.Four months suspension. For criminal sexual assault. She also protected Judge Kent's privacy, refusing to identify case details. Basically, she covered up Judge Kent's crime.
After Judge Jone's outrageous opinion, the United States Department of Justice intervened. Clearly DOJ was more concerned with judicial rape than Judge Jones was.
Keep Judge Kent's Case in mind before you read one of Judge Jone's tough-on-crime judicial opinions involving ordinary Americans. Keep in mind her obviously biased views, too, before reading an opinion on prosecutorial immunity. If she doesn't even care about a judge raping a court employee under her watch, why would she care about a wrongful prosecution? Power über alles.