Petitions to watch | Conference of October 6
on Oct 5, 2017 at 11:57 am
In its conference of October 6, 2017, the court will consider petitions involving issues such as whether, when a Florida jury recommended a death sentence before the Supreme Court decided Hurst v. Florida and none of the findings required by Hurst were made, the error can be deemed harmless under Chapman v. California, or whether the recommendation simply does not amount to the jury verdict the Sixth Amendment requires; and whether a legislatively mandated permit condition is subject to scrutiny under the unconstitutional-conditions doctrine as set out in Koontz v. St. Johns River Water Management District, Dolan v. City of Tigard and Nollan v. California Coastal Commission.
Issues: (1) Whether deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. is owed to an interpretation of language prohibiting billboards that display “flashing,” “intermittent,” or “moving” lights, contained in agreements between the Federal Highway Administration and individual states, as announced in a guidance memorandum issued by the FHWA on September 25, 2007, or whether deference, if any, is owed under Skidmore v. Swift & Co.; and (2) whether the opinion of the U.S. Court of Appeals for the District of Columbia Circuit, which invoked Chevron and approved the FHWA’s interpretation, conflicts with Chevron itself.
Issue: Whether a legislatively mandated permit condition is subject to scrutiny under the unconstitutional-conditions doctrine as set out in Koontz v. St. Johns River Water Management District, Dolan v. City of Tigard and Nollan v. California Coastal Commission.
Issue: Whether, under the “rule of reason,” the government’s showing that American Express’ anti-steering provisions stifle price competition on the merchant side of the credit-card platform suffices to prove anti-competitive effects and thereby shifts to American Express the burden of establishing any procompetitive benefits from the provisions.
Issues: (1) Whether, when a Florida jury recommended a death sentence before the Supreme Court decided Hurst v. Florida and none of the findings required by Hurst were made, the error can be deemed harmless under Chapman v. California, or whether the recommendation simply does not amount to the jury verdict the Sixth Amendment requires; and (2) whether the death-sentencing procedures in this case complied with the Eighth Amendment, when the jury was repeatedly advised by the court that its advisory sentencing recommendation was non-binding.
Issue: Whether Title IV-E of the Social Security Act, 42 U.S.C. § 670 et. seq., confers an individual right to foster-care maintenance payments that is enforceable by bringing suit under 42 U.S.C. § 1983.
Issues: (1) Whether, when a Florida jury recommended a death sentence prior to the Supreme Court’s decision in Hurst v. Florida, and the jury didn’t make any of the findings required by Hurst, the error can be deemed harmless under Chapman v. California, or whether the jury’s recommendation is insufficient to constitute a jury verdict as required by the Sixth Amendment; and (2) whether, when the jury was repeatedly advised by the court that its advisory sentencing recommendation was non-binding, the death-sentencing procedures in this case complied with the Eighth Amendment.
