Welcome back, Deadline: Legal Newsletter readers. The Supreme Court wrapped up its latest two-week hearing session, featuring a trippy oral argument on gun rights for drug users. The GOP-appointed supermajority also helped New York Republicans hold on to a congressional seat, backed California parents over the state's school transgender policies and shut the courthouse door on prisoners trying to file lawsuits claiming unconstitutional treatment.
Looking ahead, Steve Bannon is poised for good news from the justices as soon as Monday morning. That's when the court is next slated to publish an order list with action on pending appeals. Among the many petitions at the high court is Bannon's, which he filed last fall, seeking review of an appellate ruling that upheld his contempt conviction for blowing off the House Jan. 6 committee.
The Trump ally's appeal took an unusual path, because the Justice Department initially waived its right to respond to his petition. That would have normally led the court to deny it outright, leaving his conviction intact. But then the court requested a response — a move that's not unheard of but is especially noteworthy here because of what happened next.
In a typical criminal case, the DOJ's response would've been a brief opposing high court review and seeking to uphold the conviction. But here, the department asked the court to vacate the appellate ruling so that the government can move to dismiss the case completely in the trial court.
The administration didn't specify why it wanted to abandon Bannon's case at this point, only that it "has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice." In its brief to the justices, the DOJ cited cases stemming from the FIFA corruption scandal in which the government recently sought and received similar high court relief on criminal defendants' behalf.
In the FIFA cases, the justices granted the government's requested pro-defendant relief on the order list after the first time the court considered the petitions at conference. That doesn't mean the court will grant the same relief for Bannon, or do so as quickly. But if it follows the same playbook, then the appeals court ruling upholding his contempt conviction could be upended on Monday morning.
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