SCOTUSblog's list of petitions with a "reasonable" chance of being granted
 Conference of 2/23/07 and 3/2/07

Click the highlighted docket number to download the cert. petition - other documents linked to as available.

Counsel of Record
Certiorari To
Summary of QP
Patrick v. Smith Kristofer Jorstad
Calif. AG's office

Whether the deferential standard for habeas corpus review under 28 U.S.C. sec. 2254(d) allows a federal court to grant relief on an insufficient-evidence claim by accepting the expert testimony of defense experts over the contrary opinionsof prosecution experts believed by the jury and found sufficient by the state appellate court.

Irving N. v. Rhode Island Dept. of Children, Youth, and Families Samuel Bagenstos
Wash. U. Law School
S. Ct. of R.I.

Whether Title II of the ADA applies to termination of parental rights proceedings initiated by state agencies and prosecuted in state courts.

Horn v. Michael Amy Zapp
PA AG's office                    

Whether a court of appeals may entertain an appeal filed by a capital defendant's discharged counsel when that defendant has been determined to be competent, has waived his right to federal habeas corpus review, and objects to such an appeal.

Wash. State Grange v. Wash. State Rep. Party/
Wash. v. Wash. State Rep. Party
Thomas Ahearne
James Pharris


Whether the First Amendment prohibits top-two election systems that allow a candidate to disclose on the ballot the name of the party he or she personally prefers. (Also available in 06-730: Response of Democratic Party, Response of Republican Party, Response of Grange, Reply of Wash.)

EPA v. New York/
Utility Air Regulatory Group v. New York

Paul Clement
Henry Nickel
Whether the court of appeals erred in invalidating an EPA rule on the ground that the phrase "any physical change" in the definition of "modification" in Section 111(a)(4) of the Clean Air Act unambiguously requires EPA to adopt the broadest meaning of the phrase. (Also available in 06-736: Resp. Alliance of Auto Manufactuters, et al. in Support, Resp. Nat'l Environmental Devel. Assoc. in Support, Resp. United Air Regulatory Group in Support, Resp. Virginia, et al. in Support, New York, et al. in opposition, Reply.)
New Mexico v. Romero
Margaret McLean
N.M. AG's office
S. Ct. of N.M.

Whether the New Mexico Supreme Court's decision has created a zone where no federal or state criminal jurisdiction may be invoked because certain lands within the original exterior boundaries of a Pueblo land grant are effectively prosecution-free. [Note: this case will be considered at the Conference of 3/2/07]

Henderson v. Quarterman
George Cumming
Morgan Lewis
06-828 Whether Texas v. Cobb precludes review of a capital murder conviction based upon evidence obtained when - after petitioner exercised her Miranda rights during custodial interrogation and asked for an attorney, to whom she later entrusted confidential, incriminatory information - the State then compelled her attorney to disclose the very information that petitioner lawfully refused to provide to the police.  (Also available: BIO, Reply)
LaRue v. DeWolff, Boberg, and Assoc. Peter Stris
Whittier Law School

Whether sec. 502(a)(2) of ERISA permits a participant to bring an action to recover losses attributable to his account in a "defined contribution plan" that were caused by fiduciary breach. (Also available: BIO, Reply, Amicus of Seven Law Profs)

Blackwater Security Consulting v. Nordan
Kenneth Starr
Kirkland & Ellis

Whether a federal district court that lacks subject-matter matter jurisdiction over a removed action must dismiss rather than remand the action when the state court also lacks jurisdiction. (This is the feature case in Legal Times this week).

Mohawk Industries v. Williams

Carter Philips
Sidley Austin

Whether a corporation and its agents can constitute an association-in-fact RICO enterprise and whether a company's hiring of its own employees may constitute participation in the conduct of an enterprise that is distinct from the company itself.