At 10 a.m., the Court may release the opinion in one or more pending cases. Following the release of any opinions, the Court will hear argument in Gross v. FBL Financial Services (08-441), on the level of proof required in a “mixed motive” job bias case.
Eric Schnapper of Seattle will argue for the plaintiff, Jack Gross. Lisa S. Blatt, Assistant to the Solicitor General, will argue for United States as amicus curiae supporting the petitioner for 10 minutes. Carter Phillips of Sidley Austin in Washington will argue for FBL Financial Services.