Issue: (1) Whether, when an assistant state’s attorney testified
against the State’s Attorney pursuant to a subpoena,
concerning alleged improper influence by
the State’s Attorney as to a plea agreement entered
into between the assistant state’s attorney
and a defense attorney, the assistant state’s
attorney was acting within his job duties such that his
speech was not protected by the First Amendment
to the Constitution of the United States; and (2) whether the contours of any First Amendment protections
that might have attached to the assistant
state’s attorney’s testimony were sufficiently clear
such that a reasonable official would understand
that by taking adverse employment action against
the assistant state’s attorney, the official’s actions
would be violating the assistant state’s attorney’s
free speech right.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.