The Court is currently in its summer recess.  No oral arguments are scheduled until October, and no Conferences are scheduled until Monday, September 26, when the Justices will be formally back at work.  At that Conference, they will select cases for review from the summer lists.  Because our list of "Petitions to watch" for that Conference will be quite large, we will feature the petitions in installments, as they are distributed for the Court's review.  This set of petitions covers issues such as disparate impact claims under the Fair Housing Act, the types of standardized testing accommodations required for people with disabilities, and the Double Jeopardy Clause. These are petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.


Filarsky v. Delia (Granted )

Docket: 10-1018
Issue(s): Whether a lawyer retained to work with government employees in conducting an internal affairs investigation is precluded from asserting qualified immunity solely because of his status as a private lawyer rather than a government employee.

Certiorari stage documents:

Magner v. Gallagher (Granted )

Note: Goldstein & Russell, P.C. serves as counsel to the respondents in this case.
Docket: 10-1032
Issue(s): (1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so (2) what test should be used to analyze them.

Certiorari stage documents:

Arkansas v. Fowler

Docket: 10-1273
Issue(s): Does the decision in Illinois v. Wardlow (2000), holding that unprovoked flight from the police may constitute reasonable suspicion justifying a brief investigative detention under Terry v. Ohio (1968), limit the power of police to arrest a suspect whose flight constitutes a criminal offense under State law?

Certiorari stage documents:

Public Lands Council v. Western Watersheds Project

Docket: 10-1290
Issue(s): (1) Whether plaintiffs have Article III standing to facially challenge the U.S. Bureau of Land Management's (BLM) non-applied regulations governing the administration of cattle and sheep grazing on the public range; (2) whether plaintiffs' facial challenge to the BLM's non-applied regulations is ripe for review; (3) whether the court of appeals holding that the BLM violated National Environmental Policy Act's requirement that the Bureau take a “hard look” at the environmental effects of the regulations in the Environmental Impact Statement (EIS) failed to properly apply the Administrative Procedure Act; (4) whether the court of appeals' holding that the BLM violated the Endangered Species Act failed to apply the Administrative Procedure Act's narrow and deferential review.

Certiorari stage documents:

National Conference of Bar Examiners v. Enyart

Note: Goldstein, Howe & Russell, P.C. serves as counsel to the respondent in this case. It is listed without respect to the likelihood that it will be granted.
Docket: 10-1304
Issue(s): (1) Whether private testing organizations covered by Section 309 of the Americans With Disabilities Act, 42 U.S.C. § 12189 - unlike every other party subject to the ADA - must provide the “best” accommodations, rather than reasonable accommodations, to disabled individuals; and (2) whether a delay in taking an examination with requested accommodations constitutes irreparable harm sufficient to justify the extraordinary remedy of a mandatory preliminary injunction.

Certiorari stage documents:

Blueford v. Arkansas (Granted )

Docket: 10-1320
Issue(s): Whether, if a jury deadlocks on a lesser-included offense, the Double Jeopardy Clause bars the reprosecution of a greater offense after a jury announces that it has voted against guilt on the greater offense.

Certiorari stage documents:

Posted in Cases in the Pipeline

Recommended Citation: Christa Culver, Petitions to watch | Conference of 09.26.11, SCOTUSblog (Jul. 15, 2011, 9:28 AM),