This week we highlight petitions pending before the Supreme Court that address, among other things, whether, in the context of a federal claim brought in state court where the state would enjoy sovereign immunity, a state’s voluntary removal to federal court waives sovereign immunity, and whether the Adoption Assistance and Child Welfare Act of 1980’s criteria for partial federal reimbursement unambiguously confer on foster parents a private right of action to compel states to cover the costs of all the eligible expenses for eligible children identified in the CWA.

The petitions of the week are below the jump:

Banegas-Gomez v. Barr
19-510
Issue: Whether the government may commence removal proceedings by issuing a notice to appear that omits the proceedings’ time and place.

Kadria v. Barr
19-534
Issue: Whether the government may commence removal proceedings by issuing a notice to appear that omits the proceedings’ time and place.

Passaro v. Virginia
19-565
Issue: Whether, in the context of a federal claim brought in state court where the state would enjoy sovereign immunity, a state’s voluntary removal to federal court waives sovereign immunity.

Poole v. New York State Citizens’ Coalition for Children
19-574
Issue: Whether the Adoption Assistance and Child Welfare Act of 1980’s criteria for partial federal reimbursement unambiguously confer on foster parents a private right of action to compel states to cover the costs of all the eligible expenses for eligible children identified in the CWA.

Cunningham v. McGuire
19-583
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case. This listing occurs without regard to the likelihood that certiorari will be granted.
Issue: Whether Section 3730(b)(5) of the False Claims Act is a jurisdictional provision that permits courts to consider all the “facts underlying the pending action” to determine its application.

Posted in Banegas-Gomez v. Barr, Kadria v. Barr, Passaro v. Virginia, Poole v. New York State Citizens’ Coalition for Children, Cunningham v. McGuire, Cases in the Pipeline

Recommended Citation: Andrew Hamm, Petitions of the week, SCOTUSblog (Dec. 5, 2019, 10:00 AM), https://www.scotusblog.com/2019/12/petitions-of-the-week-72/