After a week-long recess, the Justices are scheduled to meet today to consider pending petitions.  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 courts"™ 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 "grinding halt" if the Court grants cert. in Wal-Mart. Other "Petitions to watch" are available here.

Other coverage examines broader trends in the Court"™s caseload and jurisprudence. At Concurring Opinions, Alan Chen considers whether the Roberts Court has a "First Amendment agenda," 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 Court"™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.  Lyle Denniston also discussed the petition at length yesterday for this blog.  And Michelle Olsen of Appellate Daily analyzes the circuit split regarding GPS surveillance technology.
  • Six months after the Court"™s decision in Graham v. Florida, holding that Florida"™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 "Florida courts in several high-profile cases are re-sentencing the juveniles to terms that still amount to life sentences."

Posted in Round-up

Recommended Citation: Nabiha Syed, Tuesday round-up, SCOTUSblog (Nov. 23, 2010, 9:46 AM),