Waddington v. Sarausad

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

Waddington v. Sarausad

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
07-772	9th Cir.	Oct 15, 2008 Tr.	Jan 21, 2009	6-3	Thomas	OT 2008

Issue: Whether, on federal habeas review, courts must accept state court determinations that jury instructions fully and correctly set out state law with regard to accomplice liability.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Clarence Thomas on January 21, 2009.

Court grants review of indecency law, 7 other cases

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