Published on: Monday, March 18, 2019

Today, the Supreme Court granted certiorari in the following four cases:

In Kansas v. Garcia, Case No. 17-834, the Court will address whether the Immigration Reform and Control Act (IRCA) expressly preempts the States from using any information entered on or appended to a Federal Form I-9, including common information, in a prosecution of any person when that same information also appears in non-IRCA documents. The petition for writ of certiorari, brief in opposition, and brief for the United States as amicus curiae can be found here.

In Mathena v. Malvo, Case No. 18-217, the Court will address whether the constitutional principle articulated in Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016) applies regardless of whether a State characterizes its sentencing scheme as mandatory or discretionary. The petition for writ of certiorari and brief in opposition can be found here.

In Ramos v. Louisiana, Case No. 18-5924, the Court will address whether the Fourth Amendment fully incorporates the Sixth Amendment’s guarantee of a unanimous verdict. The petition for writ of certiorari and brief in opposition can be found here.

In Kahler v. Kansas, Case No. 18-6135, the Court will address whether the Eighth and Fourteenth Amendments permit a State to abolish the insanity defense. The petition for writ of certiorari and brief in opposition can be found here.

All four of these cases will likely be argued in the next term of the Supreme Court.