This week we highlight petitions pending before the Supreme Court that address, among other things, the standard for a plaintiff to meet the plausibility requirements of Federal Rule of Civil Procedure 8 and Ashcroft v. Iqbal, when a trial court should grant the press’s motion to access voir dire questionnaires, the proper classification of Voice over Internet Protocol under Brand X, and whether a state violates a biological parent’s rights under the 14th Amendment’s due process clause when it strips the parent of custody in favor of a former partner in certain circumstances.

The petitions of the week are:

18-1386

Issues: (1) Whether, in the absence of a Federal Communications Commission decision classifying Voice over Internet Protocol service as an information service, FCC policy can conflict with and pre-empt state regulation of VoIP service; and (2) whether VoIP service is a telecommunications service or an information service, under the appropriate functional test for classification determinations from Brand X.

18-1419
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case. This listing occurs without regard to the likelihood that certiorari will be granted.

Issue: Whether an employee protected by the Fair Labor Standards Act must always allege wage violations averaged across a specific seven-day workweek, or whether an employee may plead a cause of action with alternative context-specific allegations to meet the plausibility requirements of Federal Rule of Civil Procedure 8 and Ashcroft v. Iqbal.

18-1428

Issue: Whether an application to a trial court by the press, as a surrogate for the public, in exercising its constitutionally required ability to be heard in opposition to a denial of the presumptive First Amendment right of access to voir dire questionnaires used to select the jury in a controversial murder prosecution may be denied by the failure of state criminal procedural rules to authorize standing for that purpose.

18-1431

Issue: Whether a state violates a biological parent’s rights under the 14th Amendment’s due process clause when it strips the parent of custody in favor of a former partner who is not the child’s biological or adoptive parent, and without affording a presumption that the parent is acting in the best interests of the child.

Posted in Lipschultz v. Charter Advanced Services, LLC, Hirst v. SkyWest Inc., Gatehouse Media New York Holdings Inc. v. New York, F. G. v. R. P.-F., Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (Jun. 14, 2019, 10:53 AM), https://www.scotusblog.com/2019/06/petitions-of-the-week-48/