Issue: (1) Whether, as some courts have held, reviewing courts are required to accord “great deference” to unexplained Batson v. Kentucky rulings where the trial court does not demonstrate on the record that it has evaluated “all of the circumstances that bear upon the issue of discrimination,” or whether, in light of Snyder v. Louisiana and as other courts have held, reviewing courts should not defer to the trial court’s unexplained determination of a Batson objection; (2) whether a reviewing court may defer to a trial court’s Batson ruling where the trial court acknowledges that it is unable to independently evaluate the prosecutor’s contested, demeanor-based explanation and denies a Batson motion by simply accepting the prosecutor’s stated reason after observing that it comports with racial and gender stereotypes the judge believes to be true.
Proceedings and Orders
Aug 30 2013
Application (13A234) to extend the time to file a petition for a writ of certiorari from September 17, 2013 to October 17, 2013, submitted to Justice Kennedy.
Sep 5 2013
Application (13A234) granted by Justice Kennedy extending the time to file until October 17, 2013.
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Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.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.