WASHINGTON, D.C. — The Supreme Court dismissed the case Genalo v. Black on Friday. The dismissal removed a challenge regarding bond hearings for noncitizens from the court's docket ahead of scheduled oral arguments.

Genalo v. Black addressed whether certain noncitizens have a right to a bond hearing during lengthy detention and what the government must show to justify continued detention. U.S. Solicitor General D. John Sauer notified the court that the case is now moot. The challenger in Genalo v. Black agreed that the case should be removed from the oral argument docket. The Justice Department aims to bring the issue of bond hearings for noncitizens back to the court soon in a new petition for review.

Sam Bankman-Fried filed a petition for review at the Supreme Court on Thursday. Sam Bankman-Fried asks the justices for a new trial and to throw out a court order requiring him to pay $11 billion as part of his sentence. Sam Bankman-Fried argues that the $11 billion forfeiture violates the 8th Amendment’s prohibition on excessive fines.

Sam Bankman-Fried's petition raises a technical question about evidence submitted at his trial and whether he should have been permitted to demonstrate that his investments were ultimately sound and would have covered any losses experienced by his crypto exchange’s customers. The petition filed by Sam Bankman-Fried is not yet publicly available on the Supreme Court’s website.

In July, the Supreme Court announced that it would hear Jouppi’s case and consider whether the seizure of his plane represents an illegal punishment because it is out of proportion to the crime he committed. The two courts fractured on whether prediction market offerings are sports bets subject to state regulation or hedging tools called ‘swaps’ under the purview of the CFTC.

On Friday, Justice Brett Kavanaugh spoke on a panel at the University of Notre Dame about 9/11. Friday marked the 25th anniversary of the Sept. 11, 2001, terrorist attacks. Justice Brett Kavanaugh recounted being inside the White House on the morning of September 11, 2001, and gathering in the West Wing after the first plane struck the North Tower. Justice Brett Kavanaugh said staff members briefly took shelter in the basement after the second plane hit.

"I don’t forget much from that day," Justice Brett Kavanaugh said. "Seared in my memory is the Secret Service agent saying, ‘Run, sprint, ladies, take off your heels and sprint.’ And we were all kind of sprinting out the gate toward Lafayette Park." Justice Brett Kavanaugh urged students in the audience to focus on how the country came together after the attacks. "One of the things that comes out of Sept. 11 is this grief, anger and resolution, but also unity," Justice Brett Kavanaugh said. Justice Brett Kavanaugh defended President George W. Bush’s decision to invade Afghanistan and launch the Iraq War.

Why It Matters

The dismissal of Genalo v. Black indicates that the legal questions surrounding bond hearings for detained noncitizens remain unresolved at the highest level. The Justice Department's intention to file a new petition suggests the administration seeks a definitive ruling on the standards for continued detention. This procedural shift keeps the issue active for future litigation rather than settling it through the current case.

Justice Kavanaugh's remarks at the University of Notre Dame connected current judicial service to historical national trauma. His defense of military actions following the 2001 attacks provides context for his judicial philosophy regarding executive power and national security. The simultaneous handling of high-profile petitions, such as those from Sam Bankman-Fried and the pending Jouppi case, demonstrates the court's ongoing engagement with complex civil and criminal liability questions.

What's New

Brett Kavanaugh is U.S. Supreme Court justice since 2018 (born 1965).