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Court grants 17 new cases; voter ID, death penalty review

FINAL UPDATE 5:30 PM: All petitions and briefs in opposition have now been added.

The Supreme Court on Tuesday agreed to add 17 new cases to its new Term’s decision docket, including a pair of appeals on the constitutionality of requiring voters to show a photo ID before they may vote (Crawford v. Marion County Election Board, 07-21, and Indiana Democratic Party v. Rokita, 07-25). The Court also agreed to decide the constitutionality of execution by lethal drugs when the chemical protocol poses a risk of pain and suffering (Baze v. Rees, 07-5439).

In another order Tuesday, the Court denied a motion to dismiss a previously granted case — LaRue v. DeWolff, Boberg & Associates (06-856). The case involves the right of a pension plan participant to sue the plan manager to recover losses that worker suffered in a pension account. The motion to dismiss claimed that the individual involved had cashed-out his account, so there remained no live issue. The complete orders list is here.

Below you will find a complete list of the cases granted, including descriptions of the issues involved, links to the Court’s electronic docket and, where available, PDFs of the petitions, briefs in opposition and replies. (The Court rephrased the questions it will decide in three of the granted cases: 06-1181, 06-1509 and 06-11612; the questions the Court composed are shown in the orders for each case.)

• Quanta Computer v. LG Electronics (06-937) (definition of the exhaustion of patent rights when licensee sells products containing the patent): docket, petition, brief in opposition, reply.

• Kentucky Retirement Sys. V. EEOC (06-1037) (age bias in disability benefits packages): docket, petition, brief in opposition, reply.

• Virginia v. Moore (06-1082) (lawfulness of search following arrest that violates state law): docket, petition, brief in opposition, reply.

• Dada v. Keisler (06-1181) (postponement of agreement for alien to voluntarily leave U.S.): docket, petition, brief in opposition, reply.

• Gomez-Perez v. Potter (06-1321) (federal employees protection against retaliation for complaining about age bias in workplace): docket, petition, brief in opposition, reply.

• Ali v. Achim (06-1346) (definition of aggravated felony for deportation purposes): docket, petition, brief in opposition, reply.

• Meadwestvaco v. Illinois Dept. of Revenue (06-1413) (tax on sale of investment in LexisNexis): docket, petition, brief in opposition, reply.

• CBOCS West v. Humphries (06-1431) (race retaliation claim under Sec. 1981 of civil rights law): docket, petition, brief in opposition, reply.

• Morgan Stanley Capital Group v. Public Utility Dist.1 (06-1457) and Calpine Energy Services v. Public Utility Dist.1 (06-1462) (federal regulators’ power to take an energy crisis into account in reviewing electric power sale contracts): docket, docket, petition, petition, brief in opposition, reply, reply.

• Preston v. Ferrer (06-1463) (preemption of arbitration agreement): docket, petition, brief in opposition, reply.

• Warner-Lambert v. Kent (06-1498) (preemption of claim of fraud on a federal agency): docket, petition, brief in opposition, reply.

• Boulware v. United States (06-1509) (taxation on diversion of corporate funds to shareholder): docket, petition, brief in opposition, reply.

• United States v. Rodriquez (06-1646) (crimes that qualify for enhanced sentence under armed career criminal law; specific issue involves state drug crime conviction): docket, petition, brief in opposition, reply.

• Begay v. United States (06-11543) (whether felony drunk driving is a violent felony for purposes of enhanced sentencing under armed career criminal law): docket, petition, brief in opposition.

• Gonzalez v. United States (06-11612) (waiver of right to Art. III judge to preside over jury selection when counsel agreed to have a U.S. magistrate instead): docket, petition, brief in opposition.

• Crawford v. Marion City Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25) (constitutionality of requiring voters to show a photo ID before they may vote): docket, docket, petition, petition, brief in opposition, supplemental brief in opposition, reply, reply.

• Baze v. Rees (07-5439) (constitutionality of execution by lethal drugs when the chemical protocol poses a risk of pain and suffering): docket, petition, supplemental brief to the petition, brief in opposition, reply.

(NOTE: This post was originally filed by Lyle Denniston, but has been made more useful by the efforts of Ben Winograd in providing access to the filings in each of the granted cases.)