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December arguments, day by day

The Supreme Court on Tuesday released the schedule of oral arguments for the two-week sitting that begins on Monday, December 2.   All of the arguments will be in the mornings, starting at 10 a.m.   The highest-profile case on the list will be the dispute over the roles of state and federal governments in controlling air pollution that flows across state lines; it is set for 10 a.m. on Tuesday, December 10.

Following the jump, the cases are listed day by day, with a brief summary of the legal issues at stake.

Monday, December 2:

No. 12-515Michigan v. Bay Mills Indian Community — immunity of Indian tribe to lawsuit for conducting gambling operations away from the reservation

No. 12-138BG Group v. Argentina — whether a court or arbitrator decides whether a condition has been met to send a dispute to arbitration

Tuesday, December 3:

No. 12-462Northwest v. Ginsberg — federal preemption of state court lawsuit by airline passenger removed from a “frequent flyer” program

No. 12-873Lexmark International v. Static Control Components — who may sue to challenge false advertising under the federal Lanham Act

Wednesday, December 4:

No. 11-1507Mount Holly v. Mt. Holly Gardens Citizens in Action — federal Fair Housing Act’s application to disparate-impact discrimination claims

No. 12-1038United States v. Apel — scope of the military’s authority to exclude an individual from a military base

Monday, December 9:

No. 12-315Air Wisconsin v. Hoeper — airline immunity for reporting potential threats to air safety

No. 12-992Ray Haluch Gravel v. Central Pension Fund — time to file appeal of a case in which merits issues and attorney’s fees issues were decided at different times by the trial court

Tuesday, December 10:

Nos. 12-1182 & 12-1183EPA v. EME Homer City Generation and American Lung Association v. EME Homer City Generation — right of states to avoid adopting plans to prevent downwind air pollution in neighboring states; also, question of federal court jurisdiction (cases consolidated for one hour of argument)

No. 12-930Mayorkas v. de Osorio — right of foreign nationals to bring their children into the U.S., or to change their status, when the children have reached the age of twenty-one while waiting on government lists for available visas

Wednesday, December 11:

No. 12-820 Lozano v. Alvarez — federal judge’s power to suspend the one-year filing deadline under the Hague Convention for return of a child allegedly abducted by a parent

No. 12-794White v. Woodall — duty of judge in a death-penalty case to instruct the jurors to draw no conclusion from the fact that the accused person did not testify during sentencing


[Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the petitioner in BG Group PLC v. Republic of Argentina, and is among co-counsel to the respondent in  Air Wisconsin Airlines Corp. v. Hoeper. The author of this post operates independently of the law firm. ]

Recommended Citation: Lyle Denniston, December arguments, day by day, SCOTUSblog (Sep. 17, 2013, 3:07 PM),