Petitions of the week
on Nov 22, 2019 at 10:00 am
This week we highlight petitions pending before the Supreme Court that address, among other things, whether federal disability-discrimination law generally prohibits employers from taking adverse action against qualified employees and applicants on the basis of conduct caused by their disabilities, and whether provisions of California law prohibiting state law-enforcement officials from providing federal immigration authorities with release dates and other information about people subject to federal immigration enforcement are preempted by federal law or barred by intergovernmental immunity.
The petitions of the week are below the jump:
United States v. California
Issue: Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigration authorities with release dates and other information about individuals subject to federal immigration enforcement, and restrict the transfer of aliens in state custody to federal immigration custody, are preempted by federal law or barred by intergovernmental immunity.
Office of Recovery Services v. Latham
Issue: Whether a state may seek reimbursement for medical expenses, incurred because a third-party tortfeasor injured a Medicaid recipient, from the portion of a settlement that represents all medical expenses—past and future—or only from the portion allocable to past medical expenses.
Brownback v. King
Issue: Whether a final judgment in favor of the United States in an action brought under Section 1346(b)(1) of the Federal Tort Claims Act, on the ground that a private person would not be liable to the claimant under state tort law for the injuries alleged, bars a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics that is brought by the same claimant, based on the same injuries, and against the same governmental employees whose acts gave rise to the claimant’s FTCA claim.
U.S. Fish and Wildlife Service v. Sierra Club
Issues: Whether Exemption 5 of the Freedom of Information Act, by incorporating the deliberative process privilege, protects against compelled disclosure of a federal agency’s draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973 and that concerned a proposed agency action that was later modified in the consultation process.
Hannah P. v. Maguire
Issue: Whether an employment decision that is based on conduct caused by a qualified individual’s disability is insulated from scrutiny under the federal disability-discrimination statutes on the ground that the decision is not made on the basis of disability.