Court's relist docket includes DOGE, terrorism support, and immigration cases
SCOTUSblog's Relist Watch reviews petitions the Supreme Court has relisted for its next conference. The justices granted review in cases about whether DOGE is subject to FOIA and whether cooking for a terrorist organization counts as material support. They denied a double-jeopardy challenge to successive prosecutions for being found in the United States without a prior departure.
The Court relisted 14 petitions. It granted review in three: whether DOGE is an agency covered by FOIA; whether cooking for a terrorist group is material support only if it furthers terrorism; and Berry, on certificates of appealability when circuit precedent bars a claim. Clark raises similar issues and appears held for Berry.
The Court denied Herrera-Salazar, a double-jeopardy challenge to successive prosecutions for being found in the U.S. without prior departure. Sotomayor and Gorsuch noted serious constitutional concerns but agreed removal made review unwarranted. Friday’s conference has 100 matters, including six first-time relists. Two concern a federal ban on distilling in dwellings or connected structures; appellate courts split.
The Court’s choices may shape how transparency law applies to new federal entities, how broadly material-support prosecutions reach, and how successive immigration-related charges are brought. Prisoners raising claims blocked by circuit precedent could gain a path to review. Home distillers and regulators may see clearer rules if the whiskey cases are taken. Because many petitions remain pending, the practical effects could unfold gradually and vary by circuit.