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October and November calendars

The Supreme Court on Monday released the calendars of oral argument for its first two sittings in the new Term — the October calendar, beginning on October 1, and the November calendar, starting on October 29.   The Court has scheduled the argument on the college affirmative action case — Fisher v. University of Texas — for Wednesday, October 10.  Each day’s arguments begin at 10 a.m.  Each case will be heard for one hour.

Following the jump are the two calendars, with brief summaries of the issue at stake in each case.

October calendar, day by day:

Mon., Oct. 1

10-1491 — Kiobel v. Royal Dutch Petroleum — application of Alien Tort Statute to human rights abuses on foreign soil; if the ATS is found to extend beyond the U.S., the issue will be whether aliens may sue corporations in U.S. courts for such overseas abuses

11-626 — Lozman v. City of Riviera Beach — definition of “vessel” for maritime law as applied to a floating structure not capable of navigation

Tues., Oct. 2:

11-184 — Kloeckner v. Solis (Labor Secretary) appeal rights of federal government worker claiming discrimination in the workplace

11-192 — U.S. v. Bormes — liability of federal government for illegal disclosure of private credit information about a private citizen

Wed., Oct 3:

11-465 — Johnson v. Williams — federal habeas court duty to defer to state court ruling on a federal constitutional issue, if the state court has ruled without mentioning the issue (grant limited to Question 1)

11-597 — Arkansas Game & Fish Commission v. U.S. — government liability for damage from flooding following release of water from a federal dam; “takings” issue (Justice Elena Kagan is recused)

Mon., Oct. 8 — legal holiday, no arguments

Tues., Oct. 9:

11-218 — Tibbals v. Carter — delay of habeas case until mental competency is regained

11-930 — Ryan v. Gonzales — delay of habeas case until mental competency is regained  (The issue is the same, but the cases are not consolidated for argument and decision.)

Wed., Oct. 10:

11-702 — Moncrieffe v. Holder — state law conviction for possessing small amount of marijuana as a basis for deportation

11-345 — Fisher v. University of Texas — constitutionality of using race as a factor in admissions to public colleges and universities (Justice Kagan is recused)

November calendar, day by day:

Mon., Oct. 29:

11-1029 — Clapper v. Amnesty International USA — right to sue to challenge constitutionality of global terrorism wiretapping program

11-697 — Kirtsaeng v. John Wiley & Sons, Inc. — right to bring into the U.S. for resale a copyrighted item purchased abroad

Tues., Oct. 30:

11-820 — Chaidez v. U.S. — retroactivity of Padilla v. Kentucky on required legal advice to immigrants facing deportation after committing a crime

11-770 — Bailey v. U.S. — whether, if police have a warrant to search a home, they may detain the suspect elsewhere while they do the search

Wed., Oct. 31:

11-564 — Florida v. Jardines — scope of Fourth Amendment application to police use of a drug-sniffing dog on the exterior of a private home (grant limited to Question 1)

11-817 — Florida v. Harris — drug-sniffing dog’s “alert” as probable cause to search a car or truck

Mon., Nov. 5:

11-864 — Comcast v. Behrend — court power to allow a class-action lawsuit if the possibility of class-wide damages award is in doubt (grant limited to question as rewritten by the Court)

11-1085 — Amgen Inc.  v. Connecticut Retirement Plans — proof needed by investors in order to take advantage of a short-cut method of pursuing a securities fraud claim by a class-action lawsuit

Tues., Nov. 6 (this is election day, but the Court will hold arguments as usual):

11-8976 — Smith v. U.S. — does the prosecution or defense have the burden of proving to a jury whether an accused withdrew from a conspiracy and thus could not be prosecuted for a role in the plot

11-1327 — Evans v. Michigan — does a judge’s directed verdict of acquittal in mid-trial, based on a legal error, bar a new trial because of double jeopardy

Wed., Nov. 7:

11-982 — Already LLC v. Nike, Inc. — scope of federal judge’s authority to rule on the validity of a federally registered trademark

11 -1175 — Marx v. General Revenue Corp. — right of debt collector under federal law to recover its court costs if it wins a lawsuit against it over its collection practices (grant limited to Question 1)








Recommended Citation: Lyle Denniston, October and November calendars, SCOTUSblog (Jul. 23, 2012, 8:36 PM),