Two cases that could change the nature and process of deportation were held over to the next Term for reargument
This conundrum allows lower court opinions to govern and could leave numerous matters unresolved for extended times, while the problem squanders judicial resources directly necessitated by later reargument
of many cases.
It is noteworthy that the parties in Johnson initially failed to answer Scalia's invitation to argue that the ACCA's residual clause was void for vagueness; it was not until the Court, likely at Scalia's urging, ordered reargument
on that very question that the parties first broached the topic.
86) Promoting the use of preliminary questions might even liberate Justices to advance questions they might withhold at oral argument because they are too complex or distracting, or --if more dramatic solutions, like dismissal or reargument
, appear belatedly to the Court to be in the offing--even help enlist counsel in evaluating those options.
The court ordered reargument
, which took place in April, and it remains to be seen whether the current court will honor the stare decisis effect of Betz and Howard or attempt to undo those opinions in some way.
174) The case originally was argued only to determine if this crime fell under the ACCA's residual clause, but the Justices requested reargument
to determine if the residual clause was unconstitutionally vague and in violation of the Constitution's Fifth Amendment Due Process Clause.
Indeed, the court made it clear early on that the entire case hinged on the extent of Congress' power to regulate interstate commerce, ordering reargument
on this question alone.
The day after Zale I was decided, the Delaware Supreme Court decided Corwin, prompting Merrill Lynch to move for reargument
After granting plaintiff's motion for reargument
, Supreme Court adhered to its original decision.
1923), reprinted in Substituted Brief for the United States on Reargument
at 78, Carroll v.
These two themes--emphasis on the terms of the state constitution and reliance on a rational basis that might permit non-population-based theories of representation--dominated oral argument and reargument
Supreme Court needed to shape broad measures of equitable relief for desegregation, an issue that they took up in a reargument
of the Brown case to determine remedial measures in 1955 (popularly known as Brown II).