In its conference of February 24, 2017, the court will consider petitions involving issues such as whether Federal Rule of Appellate Procedure 4(a)(5)(C) can deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, or whether it is instead a nonjurisdictional claim-processing rule subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine; whether imposition of the death penalty constitutes cruel and unusual punishment in violation of the Eighth and 14th Amendments; and whether Congress may require organizations engaged in the genuine discussion of policy issues, unconnected to any campaign for office, to report to the Federal Election Commission, and publicly disclose their donors, pursuant to the Bipartisan Campaign Reform Act of 2002.

16-460

Issue: Whether the tolling provision in 28 U.S.C. § 1367(d) suspends the limitations period for the state-law claim while the claim is pending and for 30 days after the claim is dismissed, or whether the tolling provision does not suspend the limitations period but merely provides 30 days beyond the dismissal for the plaintiff to refile.

16-515

Issue: Whether, when a police officer shoots an unarmed person in the back and the person testifies that he was merely walking away when shot, a court may grant summary judgment to the officer in a suit for excessive force by concluding that it is an “undisputed fact” that the person reached for his waistband just because the officer said he did.

16-656

Issue: Whether imposition of the death penalty constitutes cruel and unusual punishment in violation of the Eighth and 14th Amendments.

16-658

Issue: Whether Federal Rule of Appellate Procedure 4(a)(5)(C) can deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, as the U.S. Courts of Appeals for the 2nd, 4th, 7th and 10th Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the U.S. Courts of Appeals for the 9th and District of Columbia Circuits have concluded, and therefore subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine.

16-743

Issue: Whether Congress may require organizations engaged in the genuine discussion of policy issues, unconnected to any campaign for office, to report to the Federal Election Commission, and publicly disclose their donors, pursuant to the Bipartisan Campaign Reform Act of 2002.

16-5046

Issues: Whether the Sex Offender Registration and Notification Act’s delegation of authority to the Attorney General to issue regulations under 42 U.S.C. § 16913(d) violates the nondelegation doctrine.

Baston v. United States

16-5454

Issue: Whether 18 U.S.C. § 1596(a)(2) – which expressly establishes extraterritorial jurisdiction over sex trafficking by force, fraud or coercion, in violation of 18 U.S.C. § 1591 – is a valid exercise of Congress’ power under the foreign commerce clause when applied in a criminal case to order restitution from a foreign defendant to a foreign victim for conduct that occurred exclusively overseas.

16-6250

Issues: (1) Whether a special jury instruction as to Section 790.162, Florida Statutes, that an accused may be convicted of that offense with the “stated intent” to do bodily harm to any person or damage to the property of any person, amounts to an unconstitutional diminishment of the required criminal mens rea or scienter under the United States Supreme Court’s decision in Elonis v. United States; and (2) whether, under Elonis, Section 790.162, Florida Statutes, contains the necessary criminal element of mens rea or guilty knowledge instead of a mental state of mere negligence.

16-6855

Issue: Whether the court’s decision in Harrington v. Richter silently abrogates the presumption set forth in Ylst v. Nunnemaker – that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision – as a slim majority of the en banc U.S. Court of Appeals for the 11th Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply.

Posted in Cases in the Pipeline

Recommended Citation: Kate Howard, Petitions to watch | Conference of February 24, SCOTUSblog (Feb. 23, 2017, 4:09 PM), https://www.scotusblog.com/2017/02/petitions-watch-conference-february-24/