This week we highlight petitions pending before the Supreme Court that address, among other things, whether Alaska’s $500 individual-to-candidate and individual-to-group contribution limits violate the First Amendment, whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, and whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct underlying a charge of which the defendant was acquitted by a jury.

The petitions of the week are below:

Asaro v. United States
19-107
Issue: Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct underlying a charge of which the defendant was acquitted by a jury.

Thompson v. Hebdon
19-122
Issue: Whether Alaska’s $500 individual-to-candidate and individual-to-group contribution limits violate the First Amendment.

Knighton v. Cedarville Rancheria of Northern Paiute Indians
19-131
Issue: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers.

Amarin Pharma Inc. v. International Trade Commission
19-152
Issue: Whether, when a manufacturer files a Lanham Act claim under the Tariff Act for competitive injuries caused by unfair trade practices, the claim is barred as a matter of law when the International Trade Commission would need to consider the meaning of terms used in the Food, Drug and Cosmetic Act in order to determine whether the claim has merit.

Tapia v. New York
19-159
Issue: Whether, when a witness’s total memory loss prevents him from testifying about his prior out-of-court testimonial statement, the witness’s mere presence at trial is enough to provide the defendant with the opportunity for cross-examination guaranteed by the confrontation clause.

Posted in Asaro v. U.S., Thompson v. Hebdon, Knighton v. Cedarville Rancheria of Northern Paiute Indians, Amarin Pharma Inc. v. Int'l Trade Commission, Tapia v. New York, Cases in the Pipeline

Recommended Citation: Andrew Hamm, Petitions of the week, SCOTUSblog (Sep. 3, 2019, 3:50 PM), https://www.scotusblog.com/2019/09/petitions-of-the-week-60/