Lopez v. United States

Editor's Note :

Lopez v. United States

Reconciling ceilings and floors: Alleyne v. United States – Mike Gottlieb

Opinion recap: If you want to claim the Fifth . . . – Lyle Denniston

Opinion analysis: Turns out, turnabout is fair play – Kevin Russell

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Petition for certiorari denied on October 1, 2012

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1367	5th Cir.	N/A	N/A	N/A	N/A	OT 2012

Disclosure: Goldstein & Russell, P.C. represents the petitioners in this case.

Issue: Whether, under the Federal Tort Claims Act, a government employee’s outright failure to perform a mandatory act is shielded by the discretionary function exception on the theory that performance of the act permits some exercise of judgment?

Petition of the day

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Reconciling ceilings and floors: Alleyne v. United States – Mike Gottlieb

Opinion recap: If you want to claim the Fifth . . . – Lyle Denniston

Opinion analysis: Turns out, turnabout is fair play – Kevin Russell
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This Week at the Court

On Monday the Court granted four new cases and issued opinions in five cases: Arizona v. Inter Tribal Council of Arizona; Salinas v. Texas; FTC v. Actavis; Alleyne v. United States; Maracich v. Spears.

We expect opinions again on Thursday at 10 a.m. We will begin live blogging around 9:00 on Thursday.
Major Cases
- 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.
  Natural genes are not patentable; synthetic genes are.
Upcoming Petitions
- Wilson v. Flaherty Habeas challenge to sex offender registrations
- Samantar v. Yousuf Common law immunity for foreign officials acting on behalf of foreign states
- Pruitt v. Nova Health Systems Constitutionality of state law requiring pre-abortion ultrasounds
- Lozano v. Alvarez Return of an abducted child under the Hague Convention
More Petitions »
Major Pending Petitions
- Pruitt v. Nova Health Systems
  Constitutionality of state law requiring pre-abortion ultrasounds
- Executive Benefits Insurance Agency v. Arkison
  Bancrupcy court jurisdiction based on "implied consent" of litigants
- Environmental Protection Agency v. EME Homer City Generation
  States' regulation of interstate air pollution contributions under the Clean Air Act
- National Labor Relations Board v. Noel Canning
  Constitutionality of President's recess appointments to NRLB
- Mulhall v. Unite Here Local 355
  Rights under the Labor-Management Relations Act
Recent Decisions
- Salinas v. Texas The privilege against self-incrimination must be expressly invoked.
- Maracich v. Spears Federal law prohibits use of private driver data to solicit clients.
- Federal Trade Commission v. Actavis “Pay for delay” lawsuits against drug manufacturers can proceed.
- Arizona v. The Inter Tribal Council of Arizona, Inc. Arizona’s proof-of-citizenship requirement for voters is preempted by federal law.
- Alleyne v. United States Juries must find facts that increase mandatory minimum sentences.
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Cases argued 75

Cases decided 61

Summary reversals 4

Merits Cases Set for Argument 75

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Cases argued	75
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Summary reversals	4
Merits Cases Set for Argument	75