To be decided....

The Supreme Court returns on Tuesday, following its traditional winter recess.

This cryptic passage just moved on the Associated Press wire:

To be decided by the Supreme Court in the 2nd half of the term:
DEATH PENALTY: Is it unconstitutionally cruel to execute juvenile killers?
(Roper v. Simmons, 03-633.) Argument heard Oct. 13. And may the United
States try and sentence to death foreign nationals without notifying their
government, in violation of international law? (Medellin v. Dretke,
04-5928.) Argument set for March 28.

A couple of notes:

First, Roper v. Simmons, the juvenile death penalty case, is the only case that was argued in the month of October that has not been released yet. Suffice it to say, we are on the edge of our chairs waiting for this one.

We are also waiting for a ruling in the case of Thomas Miller-El. He was the person convicted out of Dallas County, Texas, and has a meritous claim of racial discrimination during jury selection. We think Miller-El will prevail.

There are actually a number of other death penalty cases that have either been heard or are going to be heard during this term of the Supreme Court. For a complete rundown, go here.