on Nov 23, 2010 at 9:46 am
After a week-long recess, the Justices are scheduled to meet today to consider pending petitions. Â One such petition, reports Joan Biskupic of USA Today, is the petition in Wal-Mart v. Dukes, in which the retail giant has asked the Court to review the lower courtsâ€™ decision allowing female Wal-Mart employees to bring their gender-discrimination claims as a class action. Central Valley Law Blog speculates that other class-action cases may come to a â€œgrinding haltâ€ if the Court grants cert. in Wal-Mart. Other â€œPetitions to watchâ€ are available here.
Other coverage examines broader trends in the Courtâ€™s caseload and jurisprudence. At Concurring Opinions, Alan Chen considers whether the Roberts Court has a â€œFirst Amendment agenda,â€ in light of its decisions to grant cert. in United States v. Stevens, Snyder v. Phelps, and Schwarzenegger v. Entertainment Merchants Association. And Ken Lammers of CrimLaw criticizes the Courtâ€™s frequent use of multi-part tests.
- Orin Kerr of the Volokh Conspiracy discusses a recently filed petition for certiorari in Pineda-Moreno v. United States, in which a defendant seeks review of a Ninth Circuit decision upholding the use of GPS surveillance without a warrant.Â Lyle Denniston also discussed the petition at length yesterday for this blog. Â And Michelle Olsen of Appellate Daily analyzes the circuit split regarding GPS surveillance technology.
- Six months after the Courtâ€™s decision in Graham v. Florida, holding that Floridaâ€™s practice of sentencing juvenile offenders to life in prison without parole for non-homicide crimes was unconstitutional, the Sarasota Herald-Tribune examines the sentencing of juveniles in that state and concludes that â€œFlorida courts in several high-profile cases are re-sentencing the juveniles to terms that still amount to life sentences.â€