Kaley v. United States

Opinion analysis: Justices affirm broad availability of attorney’s fees in vaccine cases – Ronald Mann

Opinion analysis: U.S. underwrites U.K. tax on privatized energy industry – Allison Christians

Opinion recap: Saying little on retroactivity – Lyle Denniston

Kaley v. United States

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Conference of May 23

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-464	11th Cir.	TBD	TBD	TBD	TBD	OT 2013

Issue: Whether, when a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, the Fifth and Sixth Amendments require a pre-trial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges.

Court grants three cases (FINAL UPDATE)

Date	Proceedings and Orders
Oct 11 2012	Petition for a writ of certiorari filed. (Response due November 14, 2012)
Nov 6 2012	Order extending time to file response to petition to and including December 14, 2012.
Nov 14 2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 5 2012	Order further extending time to file response to petition to and including January 14, 2013.
Jan 7 2013	Order further extending time to file response to petition to and including February 13, 2013.
Feb 13 2013	Brief of respondent United States filed.
Feb 27 2013	DISTRIBUTED for Conference of March 15, 2013.
Mar 18 2013	Petition GRANTED.
Apr 3 2013	The time to file the joint appendix and petitioners brief on the merits is extended to and including June 21, 2013.

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Recently Decided Cases
- Bowman v. Monsanto Co. Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting.
- City of Arlington v. FCC Agency’s interpretation of own statutory jurisdiction entitled to Chevron deference.
- Metrish v. Lancaster No habeas relief when state court retroactively withdrew "diminished capacity" defense.
- PPL Corp. and Subsidiaries v. Commissioner of Internal Revenue U.K. “windfall tax” creditable against U.S. taxes under Section 901 of Internal Revenue Code.
- Sebelius v. Cloer Untimely National Childhood Vaccine Injury Act petition may qualify for attorney's fees.
This Week at the Court

On Monday the Court granted five new cases and issued four opinions in argued cases. The archived Live Blog is here.
On Thursday the Justices will meet for their May 23 Conference. Our list of “Petitions to watch” for that Conference is here.
Bloomberg Law and SCOTUSblog’s Supreme Court Challenge

Current Standings - Top 5 Teams

1. The Silent Ts
     Georgetown University Law Center

1. Ninos Angels
     George Washington University Law School

1. Protect Sam Chase
     St. Johns University School of Law

1. Bro Bono
     Indiana University -Bloomington, Maurer School of Law

5. Motion to Strike
     Cornell University Law School

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Major cases of the Term
- Fisher v. University of Texas at Austin
  Affirmative action
- Shelby County v. Holder
  Constitutionality of Section 5 of Voting Rights Act
- Hollingsworth v. Perry
  California's definition of marriage and the Equal Protection Clause
- United States v. Windsor
  Constitutionality of the Defense of Marriage Act
- Association for Molecular Pathology v. Myriad Genetics, Inc.
  Are human genes, taken out of the body but not changed, eligible for patenting?
See allUpcoming Petitions
- Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board Constitutionality of copyright judge appointment procedures
- Rosemond v. United States Elements of aiding and abetting in the use of a firearm
- Secretary of the Indiana Family and Social Services Administration v. Planned Parenthood of Indiana Denying federal funding to health care providers offering elective abortions
- United Airlines v. Equal Employment Opportunity Commission Reassignment of disabled employees under the ADA
More Petitions »
Term Snapshot

Cases argued 74

Cases decided 43

Summary reversals 3

Merits Cases Set for Argument 74
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Burnside headed back to the Sixth Circuit?	11:02pm on 5/22
Petition of the day	9:17pm on 5/22
Greenhouse gas case explained	2:27pm on 5/22
Wednesday round-up	11:23am on 5/22
Petition of the day	9:11pm on 5/21

9
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13
Orders and opinions

16
Conference

23
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30
Conference

Cases argued	74
Cases decided	43
Summary reversals	3
Merits Cases Set for Argument	74