Petitions to watch | Conference of March 4
In its Conference of March 4, 2016, the Court will consider petitions involving issues such as whether Colorado should be enjoined from implementing its marijuana decriminalization law; whether foreign income taxes should be treated as expenses, not as taxes, in determining entitlement to the foreign tax credit; and whether the Sixth Circuit failed to apply either layer of the double deference due on federal habeas review when a state court’s Strickland v. Washington analysis is reviewed through the lens of the Antiterrorism and Effective Death Penalty Act.
Issue(s): (1) Whether the Court will grant Nebraska and Oklahoma leave to file an original action to seek a declaratory judgment stating that Sections 16(4) and (5) of Article XVIII of the Colorado Constitution are preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause, Article VI of the U.S. Constitution; (2) whether Colorado should be enjoined from any and all application and implementation of Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; (3) whether Colorado should be enjoined from any and all application and implementation of statutes or regulations promulgated pursuant to Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; and (4) whether Colorado should be ordered to pay the plaintiff states’ costs and expenses associated with this legal action, including attorneys’ fees. CVSG: 12/18/2015.
Issue(s): (1) Whether the Louisiana courts erred in failing to find that the State’s failure to disclose exculpatory evidence violated its obligation under Brady v. Maryland and that this failure prejudiced the defense; and (2) whether the Louisiana courts erred in failing to find that petitioner’s sole attorney provided ineffective representation at the guilt phase of trial under Strickland v. Washington.
Issue(s): (1) Whether a stun gun is an “arm” within the meaning of the Second Amendment, and (2) whether Massachusetts’s blanket prohibition on the possession of stun guns infringes the right of the people to keep and bear arms in violation of the Second and Fourteenth Amendments.
Issue(s): Whether the Kansas Supreme Court misinterpreted and improperly expanded the Supreme Court's decisions in Graham v. Florida and Miller v. Alabama when it extended those decisions to a sentence that does not involve life imprisonment, holding that the Eighth Amendment categorically bars a sentence of mandatory lifetime postrelease supervision (i.e., non-incarceration) for juveniles convicted of serious sex offenses.
Issue(s): Whether the Second Circuit erred in impeding, and discriminating against, foreign investment by treating foreign income taxes not as taxes, but as expenses, in determining entitlement to the foreign tax credit.
Issue(s): (1) Whether, when a state court's decision on a prisoner's constitutional claim contains both reasoning substantively rejecting the claim and reasoning procedurally rejecting the claim, the Antiterrorism and Effective Death Penalty Act section 2254(d)’s standards apply to the claim; and (2) whether, if a lower court in the state proceedings rejects a state prisoner's claim “on the merits,” § 2254(d)’s standards nevertheless fall away whenever a higher court in the state proceedings rejects the claim on procedural grounds without addressing the claim substantively.
Issue(s): (1) Whether King County created a public forum by accepting for display on its property a wide array of controversial political and public-issue ads, including ads that address the same subject matter as petitioners’ anti-terrorism ad, and thus violated the First Amendment by rejecting Petitioners’ ad based on its message; (2) regardless of the nature of the forum, whether King County’s rejection of petitioners’ advertisement based on a claim that this public-issue ad was false or misleading violates the First Amendment; and (3) whether petitioners must demonstrate that there are no alternative ways to express their public-issue message in order for the court to find irreparable harm based on King County’s rejection of their ad.
Issue(s): Whether the Full Faith and Credit Clause permits a court to deny recognition to an adoption judgment previously issued by a court from a sister state, based on the forum court’s de novo determination that the issuing court erred in applying its own state’s adoption law.
Issue(s): (1) Whether the phrase “applicable implementation plan” in 42 U.S.C. § 7407(d)(3)(E)(ii) (a provision of the Clean Air Act) refers to a nonattainment plan and requires a state seeking attainment status to continue implementing all EPA nonattainment-plan mandates; and (2) whether the nonattainment-plan statute’s mandate to use “reasonably available control measures” in section 7502(c)(1) compels states to impose measures unnecessary to meet the relevant air-quality standards.
Issue(s): Whether the Court of Appeals failed to apply either layer of the double deference due on federal habeas review when a state court’s Strickland v. Washington analysis is reviewed through the lens of the Antiterrorism and Effective Death Penalty Act.
Recommended Citation: John Ehrett, Petitions to watch | Conference of March 4, SCOTUSblog (Mar. 3, 2016, 5:00 PM), http://www.scotusblog.com/2016/03/petitions-to-watch-conference-of-march-4/