SCOTUS Holds Over Bernard Appeal Until December 11
Last Friday, the United States Supreme Court held conferences on a variety of petitions for review. One of those petitions was the Bernard case (the Court was also reviewing several other cases challenging the constitutionality of DWI test refusal laws).
This morning, the Court released a list of cases that had been denied review as a result of last Friday's conference. Bernard was not on the list - the Bernard case, and all the other DWI test refusal cases, were continued on for another conference on December 11, 2015 (this upcoming Friday).
Why was it continued? It is impossible to say. However, those with experience with the Supreme Court typically see their cases continued for several conferences before the Court ultimately grants review, so this development can at least be considered promising. One thing is certain - DWI test refusal appeals are still alive and pending, and none of the ones we are watching were denied review . . . so once again, it is a waiting game. For at least another week, anyways.