The Supreme Court of the United States has relisted Elane Photography for the second time. According to the docket, the nine justices will again consider the case at their conference on this Friday, April 4, and may (or may not) address the case in the order list, which will issue on Monday, April 7, at 7:30 a.m. New Mexico time.
My understanding is that there are all kinds of reasons why a case can be relisted, and of course, nobody outside One First Street knows why.
In any event, for those of you who are following this important case, here are some items to tide you over while waiting for a decision on the cert. petition:
1. The Harvard Law Review has published this case comment, criticizing the New Mexico Supreme Court’s decision.
2. Two prominent legal minds, Prof. Michael Dorf of Cornell Law School, and Prof. Richard Epstein of New York University Law School, debated this case at the National Constitution Center in Philadelphia. You can listen to a podcast of the debate here.
3. Prof. Eugene Volokh of UCLA Law School, and Ilya Shapiro of the Cato Institute, published an op-ed in the Wall Street Journal entitled “Choosing What to Photograph Is a Form of Speech.” (The WSJ’s website requires a subscription, but you can obtain access to the entire article by searching for it on Google News).
