Wednesday, February 23, 2011


That's the answer to the question posed in this post from a few weeks ago: Is SCOTUS Poised to Reconsider Almendarez-Torres?

To recap, the Court seemed to be taking an interest in two petitions presenting the question of Almendarez-Torres's continuing viability.  It called for responses from the Solicitor General in both cases, and thereafter relisted both petitions three times.  Some observers thought that the multiple re-lists suggested, if not a possible grant, that one or more Justices might be preparing a dissent from or an opinion respecting denial of cert.

The suspense came to end yesterday, when the Court quietly denied cert in both cases, sans rending of garments or gnashing of teeth.  What to make of that?  Who knows, but given the nature of the issue, it's a little odd that the Court would give the petitions such careful consideration before denying them without at least some comment, especially if the issue is frivolous.

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