Israeli Prime Minister Benjamin Netanyahu pushed back against the alarm that’s been raised by key allies, world leaders and aid agencies as Israel prepares for a ground invasion of Rafah in Gaza.
“Those who say that under no circumstances should we enter Rafah are basically saying lose the war, keep Hamas there,” Netanyahu said during an interview airing Sunday on ABC’s “This Week.”
Netanyahu on Friday announced that he had ordered his military to prepare a plan to evacuate Rafah, a key corridor for humanitarian assistance in southern Gaza where Palestinians had previously been told to flee to for safety.
National Security Council spokesperson John Kirby warned the U.S. would not support Israel’s assault on the region, warning that a military operation would be a “disaster” for civilians there. In an interview with NPR, U.S. Ambassador to the United Nations Linda Thomas-Greenfield said that a military operation in the city “cannot proceed” under current conditions.
United Nations Secretary-General António Guterres expressed a similar sentiment, saying in a post on X that an operation in Rafah would “exponentially increase what is already a humanitarian nightmare with untold regional consequences.”
The EU’s top diplomat Josep Borrell said in a post on X that an offensive on Rafah would have “catastrophic consequences, worsening the already dire humanitarian situation and the unbearable civilian toll.”
But Netanyahu on Sunday made an effort to minimize the scale of such an invasion, noting that Rafah is “a very small percentage of Gaza.” An estimated 1.4 million people are currently in the area.
Netanyahu also said his administration has cleared a region north of Rafah and is “working out a detailed plan” to provide civilians with a place to go.
“We’re not cavalier about this, this is part of our war effort to get civilians out of harm’s way. It’s part of Hamas’ effort to keep them in harm’s way. But we’ve so far succeeded, and we’re going to succeed again,” Netanyahu said.
Over 28,000 people have so far been killed by Israel’s offensive in the Gaza Strip, according to Gaza’s Hamas-controlled health ministry. Thousands have been injured and millions more have been displaced. At least 224 Israeli soldiers have been killed, according to Israeli military officials, in addition to the casualties suffered in Hamas’ incursion Oct. 7.
<img src="https://api.follow.it/track-rss-story-loaded/v1/HhgF8E8VkBYXhl0JAcuYP3n9ye8UNv30" border=0 width="1" height="1" alt="Limiting a defendant’s ability to confer with counsel during a murder trial" title="Limiting a defendant’s ability to confer with counsel during a murder trial"> <img width="150" height="150" src="https://www.scotusblog.com/wp-content/uploads/2022/03/cameras-banner-150x150.jpg" class="attachment-thumbnail size-thumbnail wp-post-image" alt="Limiting a defendant’s ability to confer with counsel during a murder trial" title="Limiting a defendant’s ability to confer with counsel during a murder trial" style="float:right;" decoding="async" /><p><a class="a2a_button_facebook" href="https://www.addtoany.com/add_to/facebook?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Flimiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial%2F&linkname=Limiting%20a%20defendant%E2%80%99s%20ability%20to%20confer%20with%20counsel%20during%20a%20murder%20trial" title="Facebook" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_linkedin" href="https://www.addtoany.com/add_to/linkedin?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Flimiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial%2F&linkname=Limiting%20a%20defendant%E2%80%99s%20ability%20to%20confer%20with%20counsel%20during%20a%20murder%20trial" title="LinkedIn" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_twitter" href="https://www.addtoany.com/add_to/twitter?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Flimiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial%2F&linkname=Limiting%20a%20defendant%E2%80%99s%20ability%20to%20confer%20with%20counsel%20during%20a%20murder%20trial" title="Twitter" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_email" href="https://www.addtoany.com/add_to/email?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Flimiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial%2F&linkname=Limiting%20a%20defendant%E2%80%99s%20ability%20to%20confer%20with%20counsel%20during%20a%20murder%20trial" title="Email" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_printfriendly" href="https://www.addtoany.com/add_to/printfriendly?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Flimiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial%2F&linkname=Limiting%20a%20defendant%E2%80%99s%20ability%20to%20confer%20with%20counsel%20during%20a%20murder%20trial" title="PrintFriendly" rel="nofollow noopener" target="_blank"></a><a class="a2a_dd addtoany_no_icon addtoany_share_save addtoany_share" href="https://www.addtoany.com/share#url=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Flimiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial%2F&title=Limiting%20a%20defendant%E2%80%99s%20ability%20to%20confer%20with%20counsel%20during%20a%20murder%20trial" data-a2a-url="https://www.scotusblog.com/2025/04/limiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial/" data-a2a-title="Limiting a defendant’s ability to confer with counsel during a murder trial">Share</a></p><p><em> </em><em>The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available </em><a href="https://www.scotusblog.com/faqs-announcements-of-orders-and-opinions/#relists_explained"><em>here</em></a><em>.</em></p>
<p>Over the past couple of conferences, the Supreme Court has continued to clear out the rolls of relisted cases. Remarkably, the Supreme Court denied review without comment in the <a href="https://www.scotusblog.com/2025/03/justices-consider-next-steps-in-murder-case-in-which-prosecution-admits-error/">most recent newly relisted case</a>, <a href="https://www.scotusblog.com/case-files/cases/escobar-v-texas-2/"><em>Escobar v. Texas</em></a>, in which Texas conceded that erroneous DNA evidence had contributed to the defendant’s conviction for capital murder.</p>
<p>The court denied review on March 24 in <a href="https://www.scotusblog.com/case-files/cases/franklin-v-new-york/"><em>Franklin v. New York</em></a>, involving the right, guaranteed by the Sixth Amendment, of criminal defendants to confront witnesses against them. But Justices <a href="https://www.supremecourt.gov/opinions/24pdf/24-330_h315.pdf">Samuel Alito</a> and <a href="https://www.supremecourt.gov/opinions/24pdf/24-330_h315.pdf#page=5">Neil Gorsuch</a>, in separate opinions respecting the denial of certiorari, <a href="https://www.scotusblog.com/2025/03/alito-and-gorsuch-call-for-court-to-reconsider-confrontation-clause-precedent/">suggested that the court would need to revisit</a> the landmark 2004 decision in <a href="https://scholar.google.com/scholar_case?case=7792517891204110362&q=crawford+v.+washington&hl=en&as_sdt=3,47"><em>Crawford v.Washington</em></a> that narrowed the use of hearsay testimony in criminal trials.<span id="more-319465"></span></p>
<p>The court also denied review this week in <a href="https://www.scotusblog.com/case-files/cases/shockley-v-vandergriff/"><em>Shockley v. Vandergriff</em></a>, which asked the justices to decide whether the fact that an actual judge considered a prisoner’s claim to be meritorious was enough to demonstrate that “reasonable jurists could debate” the claim — the showing necessary for a prisoner to obtain the “certificate of appealability” necessary under federal law to appeal the denial of the prisoner’s habeas corpus petition. Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, <a href="https://www.supremecourt.gov/opinions/24pdf/24-517_4fc4.pdf">dissented from the denial of certiorari</a>.</p>
<p>That brings us to the upcoming conference. There are 96 petitions and motions on the docket for this Friday’s conference. Only one of them is on its first relist: <a href="https://www.scotusblog.com/case-files/cases/villarreal-v-texas/"><em>Villarreal v. Texas</em></a>.</p>
<p>David Asa Villarreal was the only defense witness at his trial in Texas state court for murdering his boyfriend and methamphetamine supplier Aaron Estrada. His direct examination was interrupted at noon by a lengthy overnight recess. The trial judge, in an instruction whose limits could charitably be described as “not a model of clarity,” told defense counsel to act as though Villarreal were still “on the stand,” and thus not to confer with him about his testimony overnight. In a series of offhand comments, the judge suggested counsel might still confer about sentencing and trial logistics, just not about Villarreal’s testimony. Villareal’s attorney objected that such an instruction interfered with his client’s right to confer with his counsel. The next day, Villarreal finished testifying, was convicted, and drew a 60-year sentence.</p>
<p>Villarreal’s case implicates two aging Supreme Court criminal procedure precedents. <a href="https://supreme.justia.com/cases/federal/us/425/80/"><em>Geders v. United States</em></a>, held that a trial court violates the Sixth Amendment by prohibiting the defendant from speaking with his counsel during an overnight recess between the defendant’s direct and cross-examination. But <a href="https://supreme.justia.com/cases/federal/us/488/272/"><em>Perry v. Leeke</em></a>, 13 years later, held that a trial court does not violate the Sixth Amendment by prohibiting the defendant from consulting his counsel during a fifteen-minute recess between his direct testimony and cross-examination.</p>
<p>By a 2-1 vote, the court of appeals affirmed Villarreal’s conviction, though noting confusion among the lower courts on the subject. And Texas’s highest court for criminal appeals, the aptly named Texas Court of Criminal Appeals, likewise affirmed by a divided vote. It concluded that by placing off limits only discussion of the defendant’s ongoing testimony, the trial court had complied with the Sixth Amendment.</p>
<p>Villarreal now seeks review, asking the court for further guidance about the universe of circumstances not covered by <em>Geders</em> and <em>Perry</em>. Texas opposes review on the ground that, “[w]hile there is a split of authority concerning such orders,” orders restricting a defendant’s conferring with counsel during substantial recesses “<a href="https://www.supremecourt.gov/DocketPDF/24/24-557/348537/20250225093718236_250219a%20BIO%20for%20efiling.pdf#page=17">are rarely issued</a>.” The state argues that the decision in Villarreal’s case comports with the Supreme Court’s Sixth Amendment precedents.</p>
<p>On the one hand, it has been a long, long time since the Supreme Court last weighed in on this issue: Most readers would consider me <a href="https://store.thanatos.net/cdn/shop/products/2021KY-650_1024x1024@2x.jpg?v=1658666493">an old man</a>, I have been practicing for over 30 years, and I didn’t even begin law school until <a href="https://m.media-amazon.com/images/I/61ylKuCU26L._SY355_.jpg">the year after <em>Perry</em> was decided</a>. But the current courts shows little appetite for weighing in on constitutional issues of trial practice. This case seems unlikely to result in more than an opinion dissenting from denial of review. I would be happy to eat crow on this.</p>
<h3><strong>New Relists</strong></h3>
<p><a href="https://www.scotusblog.com/case-files/cases/villarreal-v-texas/"><em>Villarreal v. Texas</em></a>, <a href="https://www.supremecourt.gov/docket/docketfiles/html/public/24-557.html">24-557</a><br />
<strong>Issue</strong>: Whether a trial court abridges a defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s testimony during an overnight recess.</p>
<h3><strong>Returning Relists</strong></h3>
<p><a href="https://www.scotusblog.com/case-files/cases/apache-stronghold-v-united-states/"><em>Apache Stronghold v. United States</em></a>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-291.html">24-291</a><br />
<strong>Issue</strong>: Whether the government “substantially burdens” religious exercise under the <a href="https://casetext.com/statute/united-states-code/title-42-the-public-health-and-welfare/chapter-21b-religious-freedom-restoration/section-2000bb-1-free-exercise-of-religion-protected">Religious Freedom Restoration Act</a>, or must satisfy heightened scrutiny under the free exercise clause of the First Amendment, when it singles out a sacred site for complete physical destruction, ending specific religious rituals forever.<br />
(Relisted after the Dec. 6, Dec. 13, Jan. 10, Jan. 17, Jan. 24, Feb. 21, Feb. 28, Mar. 7, Mar. 21 and Mar. 28 conferences.)</p>
<p><a href="https://www.scotusblog.com/case-files/cases/ocean-state-tactical-llc-v-rhode-island/"><em>Ocean State Tactical, LLC v. Rhode Island</em></a>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-131.html">24-131</a><br />
<strong>Issues: </strong>(1) Whether a retrospective and confiscatory ban on the possession of ammunition-feeding devices that are in common use violates the Second Amendment; and (2) whether a law dispossessing citizens without compensation of property that they lawfully acquired and long possessed without incident violates the takings clause of the Fifth Amendment.<br />
(Relisted after the Jan. 10, Jan. 17, Jan. 24, Feb. 21, Feb. 28, Mar. 7, Mar. 21 and Mar. 28 conferences.)</p>
<p><a href="https://www.scotusblog.com/case-files/cases/snope-v-brown/"><em>Snope v. Brown</em></a>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-203.html">24-203</a><br />
<strong>Issue:</strong> Whether the Constitution permits Maryland to ban semiautomatic rifles that are in common use for lawful purposes, including the most popular rifle in America.<br />
(Relisted after the Jan. 10, Jan. 17, Jan. 24, Feb. 21, Feb. 28, Mar. 7, Mar. 21 and Mar. 28 conferences.)</p>
<p><a href="https://www.scotusblog.com/case-files/cases/l-m-v-town-of-middleborough-massachusetts/"><em>L.M. v. Town of Middleborough, Massachusetts</em></a>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-410.html">24-410</a><br />
<strong>Issue</strong>: Whether school officials may presume substantial disruption or a violation of the rights of others from a student’s silent, passive, and untargeted ideological speech simply because that speech relates to matters of personal identity, even when the speech responds to the school’s opposing views, actions, or policies.<br />
(Relisted after the Feb. 21, Feb. 28, Mar. 7, Mar. 21 and Mar. 28 conferences.)</p>
<p><a href="https://www.scotusblog.com/case-files/cases/neilly-v-michigan/"><em>Neilly v. Michigan</em></a>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-395.html">24-395</a><br />
<strong>Issue</strong>: Whether restitution ordered as part of a criminal sentence is punishment for purposes of the Constitution’s ex post facto clause.<br />
(Relisted after the Feb. 28, Mar. 7, Mar. 21 and Mar. 28 conferences.)</p>
<p><a href="https://www.scotusblog.com/case-files/cases/ellingburg-v-united-states/"><em>Ellingburg v. United States</em></a>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-482.html">24-482</a><br />
<strong>Issue</strong>: Whether criminal restitution under the <a href="https://casetext.com/statute/united-states-code/title-18-crimes-and-criminal-procedure/part-ii-criminal-procedure/chapter-232-miscellaneous-sentencing-provisions/section-3663a-mandatory-restitution-to-victims-of-certain-crimes">Mandatory Victim Restitution Act</a> is penal for purposes of the Constitution’s ex post facto clause.<br />
(Relisted after the Feb. 28, Mar. 7, Mar. 21 and Mar. 28 conferences.)</p>
<p>The post <a href="https://www.scotusblog.com/2025/04/limiting-a-defendants-ability-to-confer-with-counsel-during-a-murder-trial/">Limiting a defendant’s ability to confer with counsel during a murder trial</a> appeared first on <a href="https://www.scotusblog.com">SCOTUSblog</a>.</p>