Last official SCOTUS order list of Term and still no action on acquitted conduct cases (or big Second Amendment case)

Because the Supreme Court typically wraps up its Term before Independence Day, court watchers expect the last handful of pending SCOTUS cases to be resolved this week.  One notable criminal case remains, Counterman v. Colorado, though expected rulings on affirmative action and student debt relief are sure to garner the most attention.

But, as regular readers know, my SCOTUS docket attention has often been focused on the large number of acquitted conduct cases that the Justices keep relisting.  I believe there are now at least 13 pending cases coming from at least seven different circuits that raise acquitted conduct sentencing issues in some way, and the McClinton case in which I filed an amicus brief in support of certiorari has been before the Justices for more than a year.  This morning brought the last “official” SCOTUS order list, and all the acquitted conduct cases are entirely missing from the order list yet again.  I had really hoped that this final official order list might finally result in some resolution from SCOTUS, but I guess the waiting game continues.

Also notable, especially for Second Amendment fans, the Fifth Circuit’s controversial ruling in Rahimi (first discussed here), which declared unconstitutional 18 USC § 922(g)(8)’s criminal prohibition on gun possession by those subject to certain domestic-violence protective orders, is now also in relist mode.  The federal government, as noted here, sought quick SCOTUS review and the case received its first formal consideration by the Justices last week.  But Rahimi is also missing from this morning’s SCOTUS order list, and so will remain unclear when (as well as how) the Supreme Court will address this cert petition. 

I understand the Justices will often have one last “clean-up” conference and order list after the Justices complete its merits docket.  (As noted in this SCOTUSblog post, last year’s “clean up” order list produced a few cert grants and a lot of statements concerning cert denials.)  So I think there may be one more chance for some resolution of these pending matters in this Term.  But if not resolved in the “clean-up” conference, we may have to wait until at least September for any action on these cases.

A few of many related posts:

• Might SCOTUS finally be ready to take up acquitted conduct sentencing enhancements?
• Hoping and pushing for SCOTUS finally taking up acquitted conduct sentencing enhancements 
• After US Sentencing Commission deferred on issue, Supreme Court back to conferencing acquitted conduct cases
• Catching up, yet again, with a big bunch of relisted acquitted conduct petitions pending before SCOTUS
• Fifth Circuit panel declares unconstitutional federal prohibition on firearm possession for someone subject to domestic violence restraining order
• How long until the Supreme Court takes up another Second Amendment case after Bruen? 
• With DOJ asking, will SCOTUS quickly take up a post-Bruen case on gun possession by those subject to DV orders?

UPDATE:  A helpful colleague pointed me to this interesting SCOTUSblog post from early 2022 that provides data on relists and eventual cert grants.  I continue to believe and fear that the seemingly endless number of relists in the acquitted conduct cases is a result of multiple statements regarding denials of cert still being polished.  But at some point time will tell.