Hidalgo v Arizona SCOTUS Update: Is No News Good News?

Updating our prior post on the case of Hidalgo v Arizona, where a petition to the Supreme Court of the United States has been filed on behalf of Arizona Death Row inmate Abel Hidalgo. 

This is the case that some argue could result in a SCOTUS finding that capital punishment is unconstitutional. For details read our earlier post, "Will SCOTUS Hear Hidalgo v Arizona and End the Death Penalty?"

Supreme Court On Holiday 

SCOTUS has adjourned for its holiday break.  The next time that the Justices will meet to consider things ("scheduling conference") is on January 5, 2018.

SCOTUS did have Hidalgo v Arizona on the table this month.  It was part of the December 1st conference. 

But they didn't go either way on the petition (request).  Didn't deny writ, didn't grant it. 

Arizona Court Record Sent to SCOTUS on December 11, 2017

They did do something:  

On December 6th, SCOTUS sent for the lower court record. The record was received by the High Court yesterday (12/11/17).  

So what does it mean that the Arizona record was requested two days before the formal scheduling conference?  

As SCOTUS blog has explained in its coverage, this gives a hint of sorts.  Some think it means that there will be a denial of Hidalgo's request but that a justice (SCOTUS thinks it's probably Justice Breyer) is writing an explanation of his or her position on why writ should be granted. 

But we don't know this is accurate. So, maybe no news is good news, right? 

 

 
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