Anna Christensen Former Manager

Posted Mon, December 6th, 2010 10:37 am

Details on this morning’s orders

This morning, the Court issued orders from the Justices' December 3 Conference, granting certiorari in two cases. Today's full order list is here.

The following cases were granted this morning:

American Electric Power Co., Inc. v. Connecticut (Granted )

Docket: 10-174
Issue(s): (1) Whether states and private parties may seek emissions caps on utilities for their alleged contribution to global climate change; (2) whether a cause of action to cap carbon dioxide emissions can be implied under federal common law; and (3) whether claims seeking to cap carbon dioxide emissions based on a court's weighing of the potential risks of climate change against the socioeconomic utility of defendants' conduct would be governed by “judicially discoverable and manageable standards” or could be resolved without “initial policy determination[s] of a kind clearly for nonjudicial discretion.” (Sotomayor, J., recused.)

Certiorari stage documents:

NOTE: In the following case, the Court limited its grant of certiorari to question 1 of the questions presented, and directed the parties to brief an additional question (listed below as question 2):

Wal-Mart v. Dukes (Granted )

Docket: 10-277
Issue(s): (1) Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) and, if so, under what circumstances; and (2) whether the class certification ordered under rule 23(b)(2) was consistent with rule 23(a).

Certiorari stage documents:

The Court did not call for the views of the Acting Solicitor General on any pending petitions this morning.

Also of note, Justice Sotomayor, joined by Justice Ginsburg, dissented from the Court’s denial of certiorari this morning in Williams v. Hobbs (09-10382).

Posted in Merits Cases

Recommended Citation: Anna Christensen, Details on this morning’s orders, SCOTUSblog (Dec. 6, 2010, 10:37 AM), http://www.scotusblog.com/2010/12/details-on-this-mornings-orders-2/