American Electric Power Co., Inc. v. Connecticut

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American Electric Power Co., Inc. v. Connecticut

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

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June 2019

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Conference of June 20, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-174	2d Cir.	Apr 19, 2011 Tr.Aud.	Jun 20, 2011	8-0	Ginsburg	OT 2010

Holding: Holding: An equally divided Court affirmed the Second Circuit's exercise of jurisdiction; four members of the Court would hold that at least some plaintiffs have standing to bring the lawsuit. The Clean Air Act and the Environmental Protection Agency's implementation of the Act displace any federal common-law right to seek abatement of carbon dioxide emissions from fossil-fuel fired power plants. (Sotomayor, J., recused).

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Ruth Bader Ginsburg on June 20, 2011. Justice Alito filed an opinion concurring in part and concurring in the judgment, which was joined by Justice Thomas. (Sotomayor, J., recused).

Opinion analysis: Warming an EPA worry, at first (Lyle Denniston)
Academic round-up (Amanda Frost)
Argument recap: Searching for a judicial formula (Lyle Denniston)
Argument preview: The courts and global warming (UPDATED) (Lyle Denniston)
Petition of the day (Anna Christensen)

Merits Briefs

Amicus Briefs

Brief for Law Professors in Support of Respondent

Brief for Allearth Renewables, Inc., NamastÃ© Solar, Petersendean, Inc., Revision Energy, and Westinghouse Solar in Support of Respondent

Brief for the States of North Carolina, Illinois, Maryland, and Massachusetts in Support of Respondents

Brief for Defenders of Wildlife, the Center for Biological Diversity, and the National Wildlife Federation in Support of Respondent

Brief for Environmental Law Professors in Support of Respondent

Brief for Tort Law Scholars in Support of Respondent

Brief for Unitarian Universalist Association; the Shalom Center; the Province of the Immaculate Conception of the Congregation of the Missionary Sisters of the Immaculate Conception; the New Evangelical Partnership for the Common Good; the National Catholic Rural Life Conference; the Missionary Oblates of Mary Immaculate; Maryknoll Office for Global Concerns; the Jewish Reconstructionist Federation; Interfaith Power and Light; General Synod of the United Church of Christ; the Franciscan Action Network; the Columban Center for Advocacy and Outreach; and Church World Service in Support of Respondents and Urging Affirmance

Brief for James G. Anderson, Ph.D., David Archer, Ph.D., David S. Battisti, Ph.D., Michael L. Bender, Ph.D., Mark A. Cane, Ph.D., Peter B. DeMenocal, Ph.D., Kerry A. Emanuel, Ph.D., Inez Y. Fung, Sc.D., Peter Huybers, Ph.D., Ralph F. Keeling, Ph.D., Mario J. Molina, Ph.D., Raymond T. Pierrehumbert, Ph.D., Daniel P. Schrag, Ph.D., and Steven C. Wofsy, Ph.D., in Support of Respondent

Brief for the North Coast Rivers Alliance, Desert Protection Society, the California Sportsfishing Protection Alliance, and Klamath Forest Alliance in Support of Respondent

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
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This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
The Supreme Court will release opinions in one or more argued cases on Wednesday at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
- Gamble v. United States
see all this term’s cases »
Recent Decisions
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 61

Summary reversals 5

Merits cases granted to date 74

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	69
Cases decided	61
Summary reversals	5
Merits cases granted to date	74

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