Petitions We’re Watching

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Petitions Relisted for the Next Conference

Docket Case Page Issue(s)
14-848 Maryland v. Kulbicki Whether an appellate court violates the core principles of Strickland v. Washington when it conducts a post- hoc assessment of trial counsel’s performance based on scientific advances not available at the time of trial.
14-997 Currier v. Jackson Women’s Health Organization (1) Whether the Due Process Clause of the Fourteenth Amendment requires Mississippi to exempt physicians at the State's only abortion clinic from complying with a medically legitimate health and safety regulation that applies to physicians at all other outpatient surgical facilities; and (2) whether Mississippi House Bill 1390, which requires that abortion physicians have admitting privileges at a local hospital to handle complications that require emergency hospitalization, imposes an undue burden under Planned Parenthood v. Casey regardless of the geographical availability of abortion services in adjoining states in light of the equal protection principle articulated in Missouri ex rel. Gaines v. Canada.
14-1143 Mullenix v. Luna (1) Whether, when viewing the facts from the perspective of an officer who fired his service rifle at a vehicle involved in a high-speed chase, the officer acted reasonably under the Fourth Amendment when an officer in his situation would believe that the suspect posed a risk of serious harm to other officers or members of the public; and (2) whether the law clearly established that this use of potentially deadly force was unlawful when existing precedent did not address the use of force against a fleeing suspect who had explicitly threatened to shoot police officers.

Petitions for Conference of 09.28.2015

Docket Case Page Issue(s)
14-1136 Nestle Purina PetCare Company v. Curts Whether, under the All Writs Act and the Anti-Injunction Act, a district court's injunction to enjoin parallel state litigation pending final approval of a comprehensive settlement of a complex case can ever be “necessary in aid of its jurisdiction.”
13-1559 Corr v. Metropolitan Washington Airports Authority (1) Whether, as the United States implicitly conceded below, the Metropolitan Washington Airports Authority (MWAA) exercises sufficient federal power to mandate separation-of-powers scrutiny for purposes of a suit seeking injunctive relief and invoking the Little Tucker Act to seek monetary relief; and (2) whether the Metropolitan Washington Airports Act of 1986, 49 U.S.C. §§ 49101 et seq., which transferred to MWAA all of the federal government's “rights, liabilities, and obligations” concerning, inter alia, Dulles Airport and its “access highways and other related facilities,” violates the separation of powers, including the Executive Vesting, Appointments, and Take Care Clauses of Article II, by depriving the president of control over MWAA, an entity exercising – as the United States admits – executive branch functions pursuant to federal law. CVSG: 05/22/2015.

Petitions Not Set for Conference

Docket Case Page Issue(s)
14-1177 Oklahoma v. Hobia Whether Michigan v. Bay Mills Indian Community requires the dismissal of a state’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when (1) the suit for declaratory and injunctive relief has been brought against tribal officials - not the tribe; (2) the gaming will occur in Indian country, on the land of another tribe; and (3) the state-tribal compact's arbitration provision does not require arbitration before filing suit.
14-1153 LaChance v. Massachusetts Whether a defendant asserting ineffective assistance under Strickland v. Washington based upon counsel's failure to raise a structural error must – in addition to demonstrating deficient performance – show that he was prejudiced by counsel's ineffectiveness, or whether prejudice is presumed because the harm from structural errors is “necessarily unquantifiable and indeterminate,” Sullivan v. Louisiana.

Calls for the Views of the Solicitor General

Docket Case Page Issue(s)
22o144 Nebraska and Oklahoma v. Colorado (1) Whether the Court will grant Nebraska and Oklahoma leave to file an original action to seek a declaratory judgment stating that Sections 16(4) and (5) of Article XVIII of the Colorado Constitution are preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause, Article VI of the U.S. Constitution; (2) whether Colorado should be enjoined from any and all application and implementation of Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; (3) whether Colorado should be enjoined from any and all application and implementation of statutes or regulations promulgated pursuant to Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; and (4) whether Colorado should be ordered to pay the plaintiff states’ costs and expenses associated with this legal action, including attorneys’ fees.
14-1168 Smith v. Aegon Companies Pension Plan Whether ERISA’s special venue provision, § 1132(e)(2), and a plaintiff’s choice of venue under that provision, may be abrogated by a more restrictive venue-selection clause in an ERISA plan.
14-770 Bank Markazi v. Peterson Whether 22 U.S.C. § 8772 – a statute that effectively directs a particular result in a single pending case – violates the separation of powers.
14-694 Fiordaliso v. PPL EnergyPlus, LLC Whether, where, as part of a state-directed procurement, the resulting contract between local utilities and a power plant developer provides for a payment to the power plant developer based on the differential between the developer's competitive bid to build a new power plant and the amount the developer receives from capacity sales in the auction supervised by the Federal Energy Regulatory Commission, and where the contract does not involve any actual sale of capacity, the contract is “field preempted” as an attempt by the state to set interstate electric rates.
14-634 CPV Power Development v. PPL EnergyPlus, LLC Whether, where, as a result of a state-directed procurement, the contract price to build and operate a power plant is the developer's bid price, and may result in payments beyond what the developer earns selling the plant's capacity in the Federal Energy Regulatory Commission (FERC)-supervised auction, the program is “field preempted” as a state's attempt to set interstate wholesale rates.
14-623 CPV Maryland, LLC v. PPL EnergyPlus, LLC (1) Whether, where, as a result of a state-directed procurement, the contract price to build and operate a power plant is the developer’s bid price, and may result in payments beyond what the developer earns selling the plant’s capacity in the auction supervised by the Federal Energy Regulatory Commission (FERC) the program is “field preempted” as a state’s attempt to set interstate wholesale rates; and (2) whether a state-directed contract to support construction of a power plant is “conflict preempted” because its long-term pricing structure provides incentives different from the incentives provided by prices generated in the FERC-supervised yearly capacity auction.
14-614 Nazarian v. PPL EnergyPlus, LLC (1) Whether, when a seller offers to build generation and sell wholesale power on a fixed-rate contract basis, the Federal Power Act field-preempts a state order directing retail utilities to enter into the contract; and (2) whether the Federal Energy Regulatory Commission’s acceptance of an annual regional capacity auction preempts states from requiring retail utilities to contract at fixed rates with sellers who are willing to commit to sell into the auction on a long-term basis.

Petitions Held for Another Conference

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