This week we highlight petitions pending before the Supreme Court that address, among other things, whether a corporation that has been denied a state license to open a new abortion clinic may assert the 14th Amendment rights of hypothetical future patients as the basis for challenging the licensing requirement and the license denial, whether the Fifth Amendment’s due process clause forbids the civil-commitment trial of an incompetent person whose prior conduct is disputed, and whether the Fifth Amendment’s due process clause bars federal courts from exercising jurisdiction authorized by Congress over a defendant whose criminal conduct harms a U.S. citizen outside of the United States.

The petitions of the week are below the jump:

White v. United States
19-723
Issue: Whether the Fifth Amendment’s due process clause forbids the civil-commitment trial of an incompetent person whose prior conduct is disputed.

Klieman v. Palestinian Authority
19-741
Issues: (1) Whether the Palestinian Authority-Palestinian Liberation Organization has the right to raise a due process defense under the Fifth Amendment—a defense that the Supreme Court has ruled unavailable to U.S. state sovereigns and that many courts have ruled unavailable to foreign sovereigns—while simultaneously asserting its status as a foreign sovereign in a case against the United States at the International Court of Justice, which handicaps Congress’ constitutional powers; (2) whether a court can override Congress’ intent to subject the PA-PLO under the Anti-Terrorism Act to civil litigation in U.S. courts, despite Congress’ constitutional authority to amend the jurisdiction of federal courts and protect Americans from acts of PA-PLO terrorism; and (3) whether the Fifth Amendment’s due process clause, which allows criminal prosecution of a terrorist who murders a U.S. citizen, as well any person or entity that supported the crime, would nonetheless bar a lawsuit by the victim’s family to impose civil liability on the same actors under the same U.S. Code section.

Hill v. Whole Woman’s Health Alliance
19-743
Issues: (1) Whether a corporation that has been denied a state license to open a new abortion clinic may assert the 14th Amendment rights of hypothetical future patients as the basis for challenging the licensing requirement and the license denial; and (2) whether a federal court may order a state agency to issue an abortion-clinic license as a remedy for an “as applied” undue-burden challenge to state implementation of its licensing laws.

Sokolow v. Palestine Liberation Organization
19-764
Issues: (1) Whether the Palestine Liberation Organization and Palestinian Authority consented to personal jurisdiction when they chose to maintain facilities within the United States after the date specified in the Anti-Terrorism Act of 1992; and (2) whether the Fifth Amendment’s due process clause bars federal courts from exercising jurisdiction authorized by Congress over a defendant whose criminal conduct harms a U.S. citizen outside of the United States.

Posted in Sokolow v. Palestine Liberation Organization, Hill v. Whole Woman’s Health Alliance, Klieman v. Palestinian Authority, White v. U.S., Cases in the Pipeline

Recommended Citation: Andrew Hamm, Petitions of the week, SCOTUSblog (Jan. 2, 2020, 2:00 PM), https://www.scotusblog.com/2020/01/petitions-of-the-week-76/