The Court denied cert. in one case that it had relisted twice since calling for a response, Huber v. New Jersey Department of Environmental Protection, 10-388; Justice Alito, joined by the Chief Justice and Justices Scalia and Thomas filed this opinion respecting the denial of certiorari.  The Court granted in Maples v. Thomas, 10-63, limited to question 2 presented by the petition (question 1 was no longer certworthy after the decision in Walker v. Martin, 09-996).   As I mused here , the Court summarily reversed in Felkner v. Jackson, 10-797 (which the Court had relisted three times); the opinion is here .

In addition, it appears that the Court is simply holding a couple of cases that it previously had relisted: Burris v. Judge, 10-367, and Quinn v. Judge, 10-821.  Finally, it appears that Zuress v. Donley, 10-374, is being held awaiting the respondents' response in Wetherill v. McHugh, 10-638, which raises the same issue.  (Note that Goldstein, Howe & Russell is counsel of record in Zuress.)

If a case has been relisted once, it generally means that the Court is paying close attention to the case, and the chances of a grant are higher than for an average case.  But once a case has been relisted more than twice, it is generally no longer a likely candidate for plenary review, and is more likely to result in a summary reversal or a dissent from the denial of cert.


Title: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (relisted after 2/25, 3/4  and 3/18 Conferences)
Docket: 10-553
Issue(s): Whether the ministerial exception, which prohibits most employment-related lawsuits against religious organizations by employees performing religious functions, applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.

Certiorari stage documents:

§  Opinion below (6th Cir.)

§  Petition for certiorari

§  Brief in opposition of the EEOC

§  Brief in opposition of respondent Cheryl Perich

§  Amicus brief of religious organizations

§  Amicus brief of Christian Reformed Church in North America et al.

§  Amicus brief of International Mission Board of the Southern Baptist Convention et al.

§  Petitioner's reply brief


Title: Weishuhn v. Catholic Diocese of Lansing (relisted after 3/4  and 3/18 Conferences)

Docket: 10-760

Issue(s): (1) Whether the ministerial exception grounded in the First Amendment bars employees of religious institutions, from asserting a state civil rights claim where the employment action does not involve selection of employees or an examination of church doctrine; (2) whether an employee of a religious institution who is found to be a ministerial employee should be barred from bringing a state whistleblowers' action.

Certiorari stage documents

§  Opinion below (Court of Appeals of Michigan)

§  Petition for certiorari

§  Brief in opposition


Title: Philip Morris USA Inc. v. Jackson (relisted after 3/4  Conference; apparently relisted or held after 3/18 Conference)

Docket: 10-735

Issue(s): Whether the Due Process Clause prevents state courts from employing the class-action device to eliminate fundamental substantive and procedural protections that would otherwise apply to adjudications of class members' individual claims.

Certiorari stage documents:

§  Opinion below (Court of Appeal of Louisiana, Fourth Circuit)

§  Petition for certiorari

§  Brief in opposition

§  Petitioners' reply

§  Amicus brief of the Chamber of Commerce of the United States

§  Amicus brief of the Pacific Legal Foundation

§  Amicus brief of DRI "“ The Voice of the Defense Bar

§  Amicus brief of the Washington Legal Foundation

 


 

Title: Kiyemba v. Obama (relisted after 3/18 Conference)

Docket: 10-775

Issue(s): Whether petitioners have a habeas corpus right to be brought into the United States and released, outside the framework of the fed­eral immigration laws and in contravention of specific statutory restrictions on their transfer to the United States, when they have been granted habeas corpus re­lief and received appropriate offers of resettlement from two different countries but have declined to accept those offers.

Certiorari stage documents:

§  Opinion below (D.C. Cir.)

§  Petition for certiorari

§  Brief in opposition


Title: Vargas-Solis v. United States (apparently relisted or held after 3/18 Conference)

Docket: 10-6866

 

Issue(s): Whether the district court erred by directing that petitioner’s federal sentence be served consecutively to a state sentence that had not yet been imposed.

 

Certiorari stage documents:

 


 

Title: Setser v. United States (apparently relisted or held after 3/18 Conference)

Docket: 10-7387

 

Issue(s): Whether the district court erred by directing that petitioner’s federal sentence be served consecutively to a state sentence that had not yet been imposed.

 

Certiorari stage documents:

Posted in Cases in the Pipeline

Recommended Citation: John Elwood, Re-list watch, SCOTUSblog (Mar. 22, 2011, 8:39 AM), https://www.scotusblog.com/2011/03/re-list-watch-3/