Court asks for SG's views in Swartz v. Rodriguez

This morning, the Supreme Court called for the views of the Solicitor General in Swartz v. Rodriguez, the cross-border shooting case in which the victim’s family survived a motion to dismiss. This will put the case on pause while the Solicitor General’s office puts together its brief. Unlike briefs by other amicus parties, there is no set time limit for the Solicitor General to issue its brief, but they tend to release them in batches. Given the call at the end of October, I would expect to see a brief sometime in the new year, perhaps as late as May.

The Solicitor General’s position will go a long way towards telling us if the Court will grant the case. If the Solicitor General urges a grant, which I would expect in this case, we can expect the Court to follow that recommendation, at which point the case will likely be set for argument next fall.