According to SCOTUSblog’s Relist Watch, the Supreme Court granted review in several pending petitions, including U.S. DOGE Service v. U.S. District Court for the District of Columbia, a separation-of-powers dispute over whether DOGE is an agency subject to FOIA, and Blanche v. Ozurumba, which asks whether cooking for a terrorist organization counts as material support only if it advances actual terrorism. The court also granted Berry v. United States, a summer holdover about when a certificate of appealability may issue despite binding circuit precedent.
The justices denied review in Herrera-Salazar v. United States, a double-jeopardy challenge to successive prosecutions for being “found in” the United States. Justice Sonia Sotomayor, joined by Justice Neil Gorsuch, agreed the case was not a good vehicle but wrote to underscore what they called “serious constitutional problems” with the prosecution.
On the new-business side, the court relisted two challenges to the federal ban on distilling spirits in a dwelling house. The 5th Circuit struck down the ban as exceeding Congress’s enumerated powers, while the 6th Circuit upheld it as a tax-enforcement measure. The solicitor general concedes the split and its importance but argues the court should grant Department of Justice v. McNutt and hold Ream v. Department of the Treasury, because standing is disputed in Ream. The source notes that a grant in McNutt seems likely, while whether Ream is also granted is a tougher question.