Today’s Orders
on Nov 30, 2009 at 10:10 am
The Court has granted certiorari in three cases, Morrison v. National Australia Bank (08-1191), Renico v. Lett (09-338), and Barber v. Thomas (09-5201). Justice Sotomayor took no part in the cert. grant in Morrison. The Court also vacated two cases – Department of Defense v. American Civil Liberties Union (09-160) and Webster v. Cooper (08-10314) – and issued a summary judgment in Porter v. McCollum (08-10537), reversing the Eleventh Circuit in a per curiam opinion.
The full order list is here. Briefs and details for the cases acted on appear below the jump.
Docket: 08-1191
Title: Morrison v. National Australia Bank
Issue: Whether the judicially implied private right of action under Section 10(b) of the Securities and Exchange Act of 1934 should, in the absence of any expression of congressional intent, be extended to permit fraud-on-the-market claims by a class of foreign investors who purchased, on a foreign securities exchange, foreign stock issued by a foreign company.
- Opinion below (2d Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Supplemental brief for petitioners
- Second supplemental brief for petitioners
- Amicus brief of the United States
Docket: 09-338
Title: Renico v. Lett
Issue: Whether the Sixth Circuit erred in holding that the Michigan Supreme Court failed to apply clearly established precedent by denying habeas relief on double jeopardy grounds when the state trial court declared a mistrial after the foreperson said that the jury was not going to be able to reach a verdict.
- Opinion below (6th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
Docket: 09-5201
Title: Barber v. Thomas
Issue: 
Does “term of imprisonment” in Section 212(a)(2) of the Sentencing Reform Act, enacting 18 U.S.C. 3624(b), unambiguously require the computation of good time credits on the basis of the sentence imposed?
- Petition for certiorari
- Brief of the United States in opposition
Case summarily reversed:
Docket: 08-10537
Title: Porter v. McCollum
- Opinion below (11th Circuit)
- Petition for certiorari
- Brief in opposition
