The Relist Watch column on SCOTUSblog examines key cert petitions relisted by the Supreme Court for its upcoming conference. Notable among these are cases that delve into issues of class action predominance with uninjured members, the retroactive application of evidence in determining harmless error, the legality of executive privilege assertions, and qualified immunity concerning mistaken use of force.
- Class Actions and Uninjured Members: In Takeda Pharmaceutical Co. v. Painters and Allied Trades District Council 82 Health Care Fund, questions arise about the appropriateness of certifying a RICO class action in which some class members lack a compensable injury. The debate focuses on whether statistical models can reliably establish class-wide injury and causation, deepening prevailing circuit splits.
- Erroneous Reliance on Non-trial Evidence: The case of Whitton v. Dixon sees contention over whether courts can consider evidence not shown to a jury when assessing trial errors’ prejudicial impact. This scrutiny is particularly critical following findings of false testimony by informants in the original trial.
- Presidential Advisors and Congressional Subpoenas: Former presidential advisor Stephen K. Bannon’s case reignites the debate over the requirements of “willfulness” in contempt of Congress charges, specifically whether defendants need awareness of their non-compliance being unlawful. Additionally, there is scrutiny over the legitimacy of the congressional committee’s structure issuing subpoenas.
- Misuse of Force and Qualified Immunity: In Reinink v. Hart, the Supreme Court is asked to clarify distinctions between deadly and ordinary force. The case examines an officer’s reasonable mistake involving the type of munition used during protests following George Floyd’s death, weighing heavily on the principles of qualified immunity.
The justices are anticipated to confront these legally complex and multifaceted issues, with each case offering potential clarification of prevailing legal doctrines, particularly those affecting large-scale class actions and law enforcement’s use of force. For deeper insights, refer to the complete column on SCOTUSblog.