Editor's Note :

Editor's Note :

This week the blog will publish a multi-part online symposium on United States v. Texas, a challenge by Texas and twenty-five states to the Obama administration's deferred-action policy for immigration. Contributions to this special feature, as well as an “explainer” by this blog's Lyle Denniston, are available here.

King v. United States

Petition for certiorari denied on June 11, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-959 9th Cir. N/A N/A N/A N/A OT 2011

Issue: (1) Whether, when a false statement is made to an individual who has no connection whatsoever to the federal government, the false statement is nonetheless made in a “matter within the jurisdiction” of the United States, in violation of 18 U.S.C. § 1001, if the subject matter of the statement involves issues over which the federal government may exercise regulatory authority; and (2) whether the government exceeds its power under the Commerce Clause when it criminalizes underground injections of clean water into intrastate aquifers with no connection to underground sources of drinking water.

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Briefs and Documents

Certiorari-stage documents

King v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
10-10489 5th Cir. TBD TBD TBD TBD TBD

Issue: Whether a defendant’s maximum term of supervised release serves as a cumulative maximum on the length of imprisonment available following revocation of supervised release?

Briefs and Documents

Certiorari-stage documents

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Term Snapshot
  • This Week at the Court

    The Court is now in recess. The next sitting will begin on February 22. The calendar for that sitting is available here.

  • Major Cases

    • United States v. Texas
      Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
    • Zubik v. Burwell
      Does the availability of a regulatory method for nonprofit religious employers to comply with the HHS contraceptive mandate eliminate the substantial burden on religious exercise in violation of RFRA that the Court recognized in Burwell v. Hobby Lobby Stores, Inc.?
    • Whole Woman’s Health v. Hellerstedt
      Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
    • Evenwel v. Abbott
      Does the "one-person, one-vote" principle require states to use voter population, as opposed to total population, when drawing state legislative districts?
    • Friedrichs v. California Teachers Association
      Are public-sector "agency shop" agreements unconstitutional under the First Amendment?
    • Fisher v. University of Texas at Austin
      Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
    see all this Term’s cases »
  • Upcoming Petitions

      Conference of February 19
    • Apple, Inc. v. United States Whether vertical conduct by a disruptive market entrant, aimed at securing suppliers for a new retail platform, should be condemned as per se illegal under Section 1 of the Sherman Act, rather than analyzed under the rule of reason, because such vertical activity also had the alleged effect of facilitating horizontal collusion among the suppliers.
    • Colorado State Bd. of Education v. Taxpayers for Public Education Whether requiring a state to categorically deny otherwise neutral and generally available public aid on the basis of religion violates the United States Constitution.
    • American Farm Bureau Federation v. EPA Whether the Third Circuit erred by deferring to EPA’s interpretation of the words “total maximum daily load” to permit EPA to impose a complex regulatory scheme that does much more than cap daily levels of total pollutant loading and that displaces powers reserved to the states.
    • Frew v. Traylor (1) Whether, in interpreting the provisions of a consent decree, and in deciding whether those provisions should be dissolved, a court should consider the purpose for which the provisions were adopted; and (2) whether, in interpreting the provisions of a consent decree, and in deciding whether those provisions should be dissolved, a court should give weight to the interpretation of the provisions by the judge who originally approved them.
    • Isom v. Indiana Whether the determination that aggravating circumstances outweigh mitigating circumstances must be made by a unanimous jury, beyond a reasonable doubt.

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