At its Conference on November 25, 2014, the Court will consider petitions seeking review of issues such as the reviewability of the Secretary of the Interior’s decision to recognize a tribe, the retroactive application of Miller v. Alabama, and a good faith belief in the invalidity of a patent as a defense in an infringement suit.

This edition of “Petitions to watch” features 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.  Our policy is to include and disclose all cases in which Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, represents either a party or an amicus in the case, with the exception of the rare cases in which Goldstein & Russell represents the respondent(s) but does not appear on the briefs in the case.

14-340

Issue(s): Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary's decision to recognize it as a tribe.

14-197

Issue(s): Whether Miller v. Alabama -- which held that a state may not sentence a juvenile homicide offender to life imprisonment without parole without first providing a process for the sentencer to consider the offender's youth and attendant characteristics -- announced a new substantive rule which applies retroactively to a conviction that was final before Miller was decided.

13-1044

Issue(s): Whether, and in what circumstances, the Seventh Amendment permits a court to order a partial retrial of induced patent infringement without also retrying the related question of patent invalidity. CVSG: 10/16/2014.

13-896

Issue(s): Whether the Federal Circuit erred in holding that a defendant's belief that a patent is invalid is a defense to induced infringement under 35 U.S.C. § 271(b). CVSG: 10/16/2014. (Breyer, J., recused.)

Relists

14-144

Issue(s): (1) Whether the messages and images that appear on state-issued specialty license plates qualify as government speech immune from any requirement of viewpoint neutrality; and (2) whether Texas engaged in “viewpoint discrimination” by rejecting the license-plate design proposed by the Sons of Confederate Veterans, when Texas has not issued any license plate that portrays the confederacy or the confederate battle flag in a negative or critical light.

14-49

Issue(s): Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.

14-47

Issue(s): Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.

14-46

Issue(s): Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.

14-191

Issue(s): (1) Whether, under this Court's decision in Martinez v. Ryan, post-conviction counsel's ineffectiveness can provide cause to excuse the procedural default of an ineffective-assistance-of-appellate-counsel claim, or whether Martinez v. Ryan is limited to excusing only the default of a claim of ineffective assistance of trial counsel; and (2) whether, under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), a state-court adjudication of a judicial-bias claim is per se unreasonable under 28 U.S.C. § 2254(d)(2) merely because the allegedly biased judge rules on the claim based on facts within her knowledge without first conducting an evidentiary hearing, or whether a federal court must grant AEDPA deference to the judge's determination when the evidence in the state-court record supports it.

13-1516

Issue(s): Whether it is an “adverse employment action” for a discrimination claim, or a “materially adverse action” for a retaliation claim, when an employer grants an employee’s request for a job transfer.

13-1433

Issue(s): (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. Virginia has based its decision on an unreasonable determination of facts under 28 U.S.C. § 2254(d)(2); and (2) whether a state court that denies funding to an indigent petitioner who has no other means of obtaining evidence of his mental retardation has denied petitioner his “opportunity to be heard,” contrary to Atkins and Ford v. Wainwright and his constitutional right to be provided with the “basic tools” for an adequate defense, contrary to Ake v. Oklahoma.

13-1412

Issue(s): (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody; and (2) whether it was clearly established that even where an exception to the warrant requirement applied, an entry into a residence could be unreasonable under the Fourth Amendment by reason of the anticipated resistance of an armed and violent suspect within. (Breyer, J., recused.)

Posted in Cases in the Pipeline

Recommended Citation: Maureen Johnston, Petitions to watch | Conference of November 25, SCOTUSblog (Nov. 20, 2014, 8:00 AM), https://www.scotusblog.com/2014/11/petitions-to-watch-conference-of-november-25/