Petition of the day

By on Sep 15, 2014 at 10:11 pm

The petition of the day is:

13-1348

Issue: Whether Miller v. Alabama – which held that a state may not sentence a teenage murderer to life imprisonment without parole unless the state provides a process whereby the sentencer considers the offender’s youth and attendant characteristics – should be applied retroactively to a murder conviction on collateral review.

Event announcements

By on Sep 15, 2014 at 10:42 am

On September 18, the Heritage Foundation will host a panel on recent developments in campaign finance litigation and campaign speech, featuring Floyd Abrams, Erin Murphy, Ronald Collins, and moderator Adam Liptak.  The event, which will also be streamed online, will be held at noon at 214 Massachusetts Ave. N.E. in the District of Columbia.  Registration information is available here.

On September 19, UC Hastings College of the Law will host a symposium on forum selection after last Term’s decision in Atlantic Marine Construction v. U.S. District Court.  The event will be held in the Louis B. Mayer Lounge from 1:00 p.m. to 5:30 p.m. More information about the panels and registration is available here.

On September 30, American University Washington College of Law will host its sixteenth annual preview of the upcoming Term.  The event will be held at noon at 4801 Massachusetts Ave. N.W. in the District of Columbia.  Speakers will include Ariane de Vogue of ABC News and WCL professors Amanda Frost, Steve Vladeck, and Steve Wermiel.  Registration details are available here.

From November 13-16, the Appellate Judges Education Institute and Council of Appellate Lawyers will co-sponsor a summit, hosted in Dallas, that will include panels reviewing last Term’s civil and criminal dockets, previewing this Term’s docket, and discussing circuit splits.  The event will also feature a keynote address by Justice Antonin Scalia and his co-author Bryan Garner.  The summit is open to all lawyers and judges. More information about the summit and registration is available here.

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Monday round-up

By on Sep 15, 2014 at 8:02 am

Briefly:

  • The Georgetown University Law Center’s Supreme Court Institute has published its preview of cases on the Court’s docket for the upcoming Term.
  • Chris Geidner of BuzzFeed reports on the execution last week of Earl Ringo, a Missouri death row inmate whose stay requests were denied by a divided Supreme Court.
  • At Mirror of Justice, Thomas Berg discusses the amicus brief that he and other lawyers filed on behalf of a coalition of anti-abortion groups in Young v. UPS, in which the Court will interpret the scope of the Pregnancy Discrimination Act.
  • At the Washington Legal Foundation’s Legal Pulse blog, Glen Lammi discusses a new cert. petition involving compelled speech; he urges the Court, if it grants review, to “clarify that government’s authority to mandate speech by commercial entities is greatest when the mandate corrects deceptive information, and that if the government’s interest isnot related to deception, courts should apply heightened First Amendment scrutiny.”

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A federal judge in Phoenix has taken an initial step toward allowing same-sex marriage in that state, indicating that he is likely to strike down the state’s ban when he rules on it soon.  Senior U.S. District Judge John W. Sedwick, overseeing two cases involving some fifteen gay and lesbian couples, ruled Friday on only one part of that case, but left little doubt where his overall review was heading.

In his fourteen-page order, he ruled that state officials must treat a gay couple as having been married when one of the partners died this summer.  Thus, the death certificate must show that they were married at that time, according to the decision.  In the course of that ruling, though, the judge offered a range of observations that seem sure to doom Arizona’s ban when he does confront that issue directly.

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Petition of the day

By on Sep 12, 2014 at 10:09 pm

The petition of the day is:

13-1547

Issue: Whether operation of a “stay-put” provision in 20 U.S.C. § 1415(j) – which requires that a child whose educational program under the Individuals with Disabilities Education Act is under dispute to remain in his or her then-current placement while statutory “proceedings” to resolve the dispute are pending – terminates upon entry of a final judgment by a state or federal trial court in favor of the school district, as the D.C. and Sixth Circuits have held, or whether it continues until completion of any subsequent appeal of that judgment, as the Third and Ninth Circuits have held.

Friday round-up

By on Sep 12, 2014 at 8:04 am

Briefly:

  • In June, the Court held in Susan B. Anthony List v. Driehaus that a pre-enforcement challenge to an Ohio law prohibiting false statements in campaigns can go forward, when the challenge is brought by a group that has been previously been accused of violating the law and is at risk of being accused again. At his Election Law Blog, Rick Hasen reports that, on remand, a federal district court has now struck down the law itself.
  • On Saturday at 6 p.m., C-SPAN Radio will continue its series on historic oral arguments and what they might mean for current cases with a show on Virginia v. Black and Elonis v. United States.
  • At Re’s Judicata, Richard Re discusses a recent article by Erin Morrow Hawley in which Hawley suggests that, in its June decision in Burwell v. Hobby Lobby Stores, “all nine Justices . . . made ‘a serious mistake’ in failing to address, much less mention, a jurisdictional problem.”
  • In an op-ed for The New York Times, economists Henry Aaron, David Cutler, and Peter Orszag urge the Court to “wait to see what the lower courts dobefore deciding whether to intervene” in the challenges to the Affordable Care Act’s subsidies for individuals who purchase health insurance through exchanges established by the federal government, rather than a state.

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Petition of the day

By on Sep 11, 2014 at 10:13 pm

The petition of the day is:

Baker Botts, L.L.P. v. ASARCO, L.L.C.
14-103

Issue: Whether Section 330(a) of the Bankruptcy Code grants bankruptcy judges discretion to award compensation for the defense of a fee application.

hearing loop

The Court has announced that, when it resumes oral arguments in October, visitors will be able to use a new “induction loop” assistive listening system that has been installed in the Courtroom.  Visitors who use hearing aids or cochlear implants that include a telecoil (a small copper wire which boosts magnetic signals) will automatically experience improved sound quality and clarity simply by switching on their telecoil; no additional equipment is required.  Visitors who do not wear telecoil-enabled hearing devices, but who wish to take advantage of the loop system, may borrow a headset from the Court that will give them the same benefits as those with telecoil-enabled hearing aids and implants. Continue reading »

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Thursday round-up

By on Sep 11, 2014 at 6:24 am

The big news out of the Court yesterday came in the challenges to several states’ bans on same-sex marriage:  the seven petitions that have been filed so far will all be considered by the Justices at their private Conference on September 29.  Lyle Denniston reported on the latest developments for this blog; other coverage comes from Richard Wolf of USA Today and Ariane de Vogue of ABC News. Continue reading »

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Petition of the day

By on Sep 10, 2014 at 10:10 pm

The petition of the day is:

Williams v. Hastings
13-1221

Issue: Whether and under what circumstances a federal prisoner may use 28 U.S.C. § 2255(e) to seek relief under 28 U.S.C. § 2241 when an intervening and retroactively applicable statutory decision of this Court demonstrates that his sentence his unlawful.

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