It’s always a safe bet to predict that the Supreme Court will decline to review a case. Statistics, after all, are on the side of “cert denied” regardless of the substantive merits of a case.
But there are some cases, like Harmon v. Kimmel, No. 11-496 (cert. petition filed Oct. 17, 2011), the case challenging New York City’s residential rent control law as a taking (briefs here), that give you pause because they take a slightly different track: the respondents waived their right to respond, the Court invited them to file a BIOthe conference gets moved to April 20. Things like this make you go “hmmmmm.”
Well, the drama was for naught. Today, the Court issued the order denying cert. On one hand, it’s not surprising since the weight of statistics is never favorable, and from a practical standpoint, the Court might be reluctant to wade into an issue that would certainly draw fire, however it ruled. On the other, the whole rent control issue is ripe for challenge and the Court will have to face it, eventually. Just not today.
Here’s the Court’s docket report.