This week we highlight petitions pending before the Supreme Court that address, among other things, whether the Federal Aviation Act preempts a state law limiting the length of an airport runway, whether the Terrorism Risk Insurance Act permits plaintiffs to execute judgments against a foreign sovereign’s juridically separate instrumentalities and whether regulations issued by the Consumer Financial Protection Bureau permissibly construe the “applicants” protected from discrimination by Equal Credit Opportunity Act to encompass guarantors.

The petitions of the week are below the jump:

Moss v. Atkinson
19-683
Issue: Whether a federal prisoner may proceed through 28 U.S.C. § 2255(e)’s saving clause to seek collateral review under 28 U.S.C. § 2241 when that prisoner has demonstrated a favorable, retroactive change in the statutory rule that originally established the legality of his or her conviction or sentence.

Tong v. Tweed-New Haven Airport Authority
19-735
Issues: (1) Whether a political subdivision of a state has standing to sue its creator state under the supremacy clause of the United States Constitution; and (2) whether the Federal Aviation Act preempts a state law limiting the length of an airport runway, thereby depriving a state from determining the size and nature of a local airport.

Bank Melli v. Bennett
19-807
Issues: (1) Whether the Terrorism Risk Insurance Act requires that the respondent, Michael Bennett, actually own the assets at issue, as the U.S. Court of Appeals for the District of Columbia Circuit has held and as the United States has repeatedly urged, or whether the statute instead permits execution even absent ownership, as the U.S. Court of Appeals for the 9th Circuit held below; and (2) whether TRIA permits plaintiffs to execute judgments against a foreign sovereign’s juridically separate instrumentalities, contrary to the presumption of separate status established by the Supreme Court’s precedents and the nation’s treaty obligations.

Phoenix v. Regions Bank
19-815
Issue: Whether the regulations issued by the Board of Governors of the Federal Reserve System, and then by the Consumer Financial Protection Bureau, permissibly construe the “applicants” protected from discrimination by Equal Credit Opportunity Act to encompass guarantors.

Posted in Moss v. Atkinson, Tong v. Tweed-New Haven Airport Authority, Bank Melli v. Bennett, Phoenix v. Regions Bank, Cases in the Pipeline

Recommended Citation: Andrew Hamm, Petitions of the week, SCOTUSblog (Jan. 17, 2020, 10:00 AM), https://www.scotusblog.com/2020/01/petitions-of-the-week-78/