Supreme Court Cites ‘Software Malfunction’ for Early Orders (1)

The US Supreme Court released its orders list Friday early after “an apparent software malfunction” caused the court to send notification emails in pending cases prematurely.

The orders list, which includes several cert grants, was posted on the court’s website Friday afternoon, three days before its scheduled release.

“Due to an apparent software malfunction, email notifications concerning action by the Court scheduled to be included on the order list set for release on Monday, June 9, at 9:30 a.m., were sent out this afternoon,” Supreme Court Public Information Officer Patricia McCabe said in an email to reporters “As a result, the Court is issuing that order list now.”

Andrew Tutt of Arnold & Porter said he received an automated email from the court at 3:56 p.m. that said the petition for cert in his case, Rutherford v. US, had been granted.

The order list was distributed to reporters 2 1/2 hours later along with the explanation about why it was being released early.

Daniel Ginzburg, counsel for the petitioner in another one of the granted cases, also said he had received an automated email from the court Friday informing him of the grant.

The premature distribution of email notifications comes nearly a year after the court accidentally posted a copy of its decision allowing abortions in medical emergencies in Idaho.

At the time, McCabe said, “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website.”