The Supreme Court has not yet scheduled the case of Fischer v. United States, docket number 23-5572, the critical and monumental case to determine whether the Department of Justice incorrectly interpreted 1512(c) so that the DOJ could impose extraordinary sentences on January 6th protesters.
However, based on the remaining cases SCOTUS will hear on the merits, the case is on track to be heard this April and potentially very early in April. The court takes anywhere between 6 and 11 cases per month based on the activity so far this term.
- Nine cases remain to be heard on the merits; a typical amount of cases for a given month.
- The petitioner and many amici have filed their briefs indicating the matter is to be heard.
- April is the only remaining month yet to be scheduled before the October Term ends.
- Of the nine cases to be heard, four, including Fischer, had their petitions granted earliest on December 13th, and then one case on January 5th and four more on January 12th.
Further, in each of the three other cases for which SCOTUS granted their petition December 13th, SCOTUS granted extensions of time on briefs, so the potential exists that Fischer would be the first case heard in April.
Godspeed to the January 6ers that suffer in Federal Prison while awaiting an end to this ongoing and demonic injustice.