The latest edition of "Petitions to Watch" features cases up for consideration at the Justices' private conference of March 14. As always, the list reflects the petitions on the Court's paid docket that Tom has deemed to have a reasonable chance of being granted.

 

Issues raised in the current list of petitions include whether individuals forced to engage in persecution are ineligible to receive asylum, whether crime lab reports are "testimonial" under the Sixth Amendment, whether the dormant commerce clause applies to Puerto Rico, and how much information the government must disclose to courts reviewing decisions of CSRTs at Guantanamo Bay. For the full list of petitions on our watch list, continue reading after the jump.

 

 

Conference of March 14, 2008

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Docket: 07-487
Case name: Henry v. Bureau of Customs and Immigration Enforcement
Issue: Whether, for purposes of mandatory deportation, a "crime of violence," which under federal law includes a crime that involves a substantial risk that physical force may be used "in the course of committing the offense," means that force may be necessary to complete the offense or that force may eventually be used while committing the offense.

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Docket: 07-499
Case name: Neguise v. Mukasey
Issue: Whether the provision of the Immigration and Naturalization Act that prohibits the granting of asylum to individuals found to have themselves engaged in persecution applies to those who were compelled to do so by threats of deaths or torture.

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Docket: 07-591
Case name: Melendez-Diaz v. Massachusetts
Issue:
Whether a state forensic analyst's laboratory report prepared for use in a criminal prosecution is "testimonial" evidence subject to the demands of the Confrontation Clause as set forth in Crawford v. Washington (2004). (Disclosure: Akin Gump is co-counsel for the petitioner.)

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Docket: 07-607
Case name: Aguayo v. Geren
Issue: Whether the military may apply a stricter standard to agnostic applicants for conscientious objector status than to religious applicants.

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Docket: 07-659
Case name: Phoenix of Broward's, Inc. v. McDonald's
Issue: Whether, under the Lanham Act, Burger King met prudential standing requirements to bring a false advertising claim against McDonald's for fraud involved in various promotional games.

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Docket: 07-689
Case name: Bartlett v. Strickland
Issue: Whether a racial minority group that constitutes less than 50% of a proposed district's population can state a vote dilution claim under Section 2 of the Voting Rights Act. (Disclosure: Akin Gump filed the amicus brief of the NAACP in support of the petitioner.)

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Docket: 07-748
Case name: Puerto Rican Association of Beer Importers, Inc. v. Commonwealth of Puerto Rico
Issue: Whether the dormant commerce clause and dormant foreign commerce clause apply to Puerto Rico.

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Docket: 07-751
Case name: Pearson v. Callahan
Issue: Whether, for qualified immunity purposes, police officers may enter a home without a warrant on the theory that the owner consented to the entry by previously permitting an undercover informant into the home.

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Docket: 07-763
Case name: Graham v. Hartford Life and Accident Insurance Company
Issue: Whether a district court order remanding an ERISA disability-benefits claim on grounds the initial determination was arbitrary and capricious is an immediately appealable final decision.

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Docket: 07-772
Case name: Waddington v. Sarausad
Issue: Whether, on federal habeas review, courts must accept state court determinations that jury instructions fully and correctly set out state law with regard to accomplice liability.

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Docket: 07-773
Case name: Vaden v. Discover Bank
Issue: Whether, under the Federal Arbitration Act, a suit seeking to enforce a state-law arbitration obligation arises under federal law if the petition to compel itself raises no federal question but the dispute sought to be arbitrated involves federal law.

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Docket: 07-886
Case name: Iowa v. Bentley
Issue: Whether, under the Sixth Amendment, a child's report of sexual abuse to a hospital counselor is "testimonial" and thus subject to cross-examination if the interview serves both therapeutic and investigatory purposes.

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Docket: 07-901
Case name: Oregon v. Ice
Issue: Whether, under Apprendi v. New Jersey (2000) and Blakely v. Washington (2004), a sentencing judge violates the Sixth Amendment by imposing consecutive sentences based on a fact not found by the jury or admitted by the defendant.

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Docket: 07-910
Case name: Anderson v. Cagle's Inc.
Issue: Whether time unionized workers spent donning and doffing protective equipment was excluded from mandatory compensation under section 3(o) of the Fair Labor Standards Act. (Disclosure: Kevin of Howe & Russell represents the petitioner.)

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Docket: 07-924
Case name: Microsoft Corp. v. Novell, Inc.
Issue: Whether a plaintiff who does not participate in the allegedly restrained market but who meets the test under Associated General Contractors of California, Inc. v. California State Council of Carpenters (1983) has standing to sue under federal antitrust laws.

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Docket: 07-1054
Case name: Gates v. Bismullah
Issue: Whether, under the Detainee Treatment Act, the record for D.C. Circuit review of an determination by a Combatant Status Review Tribunal consists of the material presented to and considered by the CSRT, or all material reasonably available to the government bearing on whether the detainee is an enemy combatant.

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