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December arguments: detainees case set Dec. 5

The Supreme Court will hear the two consolidated cases testing the legal rights of Guantanamo Bay detainees on Wednesday, Dec. 5, at 10 a.m. — the only case scheduled for that day. The Court on Monday released its argument calendar for the December sitting, which actually begins on Monday, Nov. 26 (the PDF of the calendar can be downloaded here). Only eight cases are scheduled for this session.

Here are the cases, day by day:

Monday, Nov. 26

  • LaRue v. DeWolff (06-856) –rights of employee benefit plan participant to recover money losses in a pension account.

Tuesday, Nov. 27

  • New Jersey v. Delaware (134 Original) –interstate dispute over authority to regulate riverside projects along the Delaware River.
  • Knight v. Commissioner of Internal Revenue (06-1286) — federal tax deductibility for trustes and estates on investment fees they paid.

Wednesday, Nov. 28

  • Rowe v. New Hampshire Motor Transport (06-457) — preemption of state authority to regulate commercial delivery of tobacco to avoid harms to minors.

Monday, Dec. 3

  • Sprint/United Management v. Mendelsohn (06-1221) — admission of testimony of co-workers to support an employee’s job bias claim (so-called “me, too” evidence).

Tuesday, Dec. 4

  • Riegel v. Medtronic (06-179) — preemption of state court lawsuit against makers of medical devices.
  • Snyder v. Louisiana (06-10119) — claim of prejudice from prosecutor referring to the O.J. Simpson case before all-white jury trying a black man for murder.

Wednesday, Dec. 5

  • Boumediene v. Bush (06-1195) and Al Odah v. U.S. (06-1196) — whether Guantanamo Bay detainees have a constitutional or common law right to challenge their detention through habeas claims in U.S. federal courts (consolidated, one hour hearing).