The Week Ahead

On Monday, the Court is scheduled to hear oral argument in CSX Transportation v. Georgia Board of Equalization (06-1287), asking whether federal courts must accept the valuation method chosen by the state in determining a railroad’s true market value, and in Department of Revenue of Kentucky v. Davis (06-666), asking whether the “dormant” Commerce Clause prohibits a state from exempting interest income from in-state bonds while taxing interest income from bonds issued by other states.

In advance of the arguments, the Court is expected to release orders from the Justices’ private conference last Friday.

On Tuesday, the Court is scheduled to hear oral argument in John R. Sand & Gravel v. United States (06-1164), asking whether the Tucker Act’s six-year statute of limitations is jurisdictional (and may thus not be waived by the parties), and in Federal Express v. Holowecki (06-1322), asking whether submitting an in-take questionnaire to the EEOC constitutes the requisite filing of a “charge” before a party brings a private lawsuit.

On Wednesday, the Court is scheduled to hear oral argument in Hall Street v. Mattel (06-989), asking whether parties may expand the scope of judicial review of an arbitration award beyond the standard provided for in the Federal Arbitration Act.

On Friday, the Justices are scheduled hold a private conference, orders from which are expected the following Tuesday, November 13 . (Click here for our list of petitions to watch.)

Petitioners’ briefs are due Monday in Baze v. Rees (07-5439), the lethal injection case, Crawford v. Marion City Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25), the voter identification cases, and many of the other cases granted on September 25. (Click here to see all cases granted that day.)

The respondent’s brief is also due Monday in Snyder v. Louisiana (06-10119).