December arguments, day by day
on Sep 17, 2013 at 3:07 pm
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. 12-515 — Michigan v. Bay Mills Indian Community — immunity of Indian tribe to lawsuit for conducting gambling operations away from the reservation
No. 12-138 — BG 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. 12-462 — Northwest v. Ginsberg — federal preemption of state court lawsuit by airline passenger removed from a “frequent flyer” program
No. 12-873 — Lexmark International v. Static Control Components — who may sue to challenge false advertising under the federal Lanham Act
Wednesday, December 4:
No. 11-1507 — Mount Holly v. Mt. Holly Gardens Citizens in Action — federal Fair Housing Act’s application to disparate-impact discrimination claims
No. 12-1038 — United States v. Apel — scope of the military’s authority to exclude an individual from a military base
Monday, December 9:
No. 12-315 — Air Wisconsin v. Hoeper — airline immunity for reporting potential threats to air safety
No. 12-992 — Ray 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 & 12-1183 — EPA 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. 12-930 — Mayorkas 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. 12-794 — White 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. ]
