Issue: (1) Whether Calderon v. Thompson bars a circuit court from reconsidering
an issue after the time in which to seek rehearing
in the circuit court and certiorari in
this Court has passed, and where this Court
relied on the finality of the circuit court decision
in exercising its jurisdiction; and (2) whether a multi-jurisdiction municipal stormwater
permit issued under the Clean Water
Act can be construed to impose liability on a co-permittee
without evidence that the co-permittee
discharged pollutants in violation
of the permit, where federal regulations provide
that each co-permittee is only responsible
for its own discharges and where the
monitoring specified in the permit measures
pollutants discharged by multiple upstream
sources without any means to measure the
contribution of any individual co-permittee.
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Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.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.