This morning, the Court issued orders from the Justices’ November 23 Conference, granting certiorari in three cases. Today’s full order list is here.

The following cases were granted this morning:

CSX Transportation v. McBride

Docket: 10-235
Issue(s): Whether the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60, requires proof of proximate causation.

Certiorari stage documents:

Microsoft v. i4i Limited Partnership (Granted )

Note: Goldstein, Howe & Russell represent 3M Company et al. as amici curiae in support of respondents.
Docket: 10-290
Issue(s): Whether the invalidity defense provided for in the Patent Act, 35 U.S.C. § 282, must be proved by clear and convincing evidence.

Certiorari stage documents:

The following two cases were consolidated by the Court:

Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (Granted )

Docket: 10-238
Issue(s): (1) Whether the First Amendment forbids states from providing additional government subsidies to publicly financed candidates that are triggered by independent expenditure groups' speech against such candidates; and (2) whether the First Amendment forbids states from providing additional government subsidies to publicly financed candidates that are triggered by the fundraising or expenditures by these candidates' privately financed opponents.

Certiorari stage documents:

McComish v. Bennett (Granted )

Docket: 10-239
Issue(s): (1) Whether Arizona's matching funds trigger, which provides publicly financed candidates with additional subsidies that are triggered by independent expenditures or by the raising and spending of money by privately financed candidates and their supporters, violates the First and Fourteenth Amendments; and (2) whether the Arizona law violates the First and Fourteenth Amendments by regulating campaign financing to equalize resources among competing candidates and interest groups, rather than advancing a compelling state interest in the least restrictive manner.

Certiorari stage documents:

The Court did not call for the views of the Acting Solicitor General on any pending petitions this morning.

Also of note, the Court denied certiorari this morning in Harper v. Maverick Recording Company (10-94), a case involving damages for illegally donwloading music from the internet, over a written dissent from Justice Alito; certiorari was also denied in Gameche v. California (10-5196) with a statement by four Justices responding to the denial. The Justices took no action today in Wal-Mart v. Dukes (10-277).

Posted in Merits Cases

Recommended Citation: Anna Christensen, Details on this morning’s orders, SCOTUSblog (Nov. 29, 2010, 10:24 AM), https://www.scotusblog.com/2010/11/details-on-this-mornings-orders/