April and May were busy months for the Supreme Court Justices, as they crossed the country to adjudicate moot courts, deliver commencement speeches, and give remarks at judicial conferences. Justice Samuel Alito and Justice Elena Kagan both traveled to New York in early April to serve as judges for moot court finals.
Since the death of Justice Antonin Scalia on February 13, as the Court operates with only eight Justices, there has been more interest in the whereabouts and activities of the three retirees. Issue: (1) Whether the California Court of Appeal erred by holding, in direct conflict with DirectTV v. For a nation beset with scandals and squabbles, Relist Watch is the rare bearer of glad tidings: Every one of last week’s decuplet of relists had good (or at least not bad) news on Monday. Also notching their respective fourth relists are a trio of cases the Court appears to be considering as potential candidates to replace Toca v. Because my OCD requires me to move relentlessly in descending order, you know where we’re headed next: Bronx Household of Faith v.
In the “new relist” basket we’ve got three criminal law cases vying for the Court’s attention.
Alright, that’s it from us for this week … and next week, for that matter, since the last time the Court held a Conference on a Friday the Thirteenth, Justice McReynolds was appointed.
California's juvenile sentencing statute for that of California state courts, which at the time of DeMola's sentencing had interpreted the statute as establishing a presumption of life-without-parole for juveniles convicted of special circumstances murder; and (2) whether Miller v. Sigma Delta ChiAwarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision. National Press Club AwardAwarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision. Silver Gavel AwardAwarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system. American Gavel AwardAwarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system. While some of the clauses studied might predate the growth in class arbitration in recent years (prior to Concepcion), the data nonetheless suggest that reasons other than avoiding class relief motivate the use of arbitration clauses by businesses in some industries.  If so, making all consumer arbitration clauses unenforceable would be an overbroad response to concerns about the effect of arbitration clauses on the availability of class relief. Second, using the Arbitration Fairness Act to reverse Concepcion would be an overbroad response for another reason:  it would establish a uniform federal rule rather than permitting states to adopt their own regulatory approaches. Prior to Concepcion, states had taken differing approaches to the enforceability of class arbitration waivers.  Thus, while courts in some states, like California, had held class arbitration waivers unenforceable, courts in other states had upheld such provisions. I am well aware that Concepcion itself (indeed, the whole line of Supreme Court FAA preemption decisions, beginning with Southland Corp. On a personal level, the decision wiped out the convictions of a San Diego, California, man and a man from Boston, because evidence obtained from their cellphones was used to help gather evidence against them and helped lead to their convictions. All three remain actively involved and visible in various ways, although they have left behind the steady review of Supreme Court petitions, the weekly conferences among the Justices, and the grind of work in Washington, D.C. Before March 16, when President Barack Obama nominated Judge Merrick Garland to fill the vacancy, there were even calls in a few quarters for O’Connor to return to hold the seat until the next president fills the vacancy with a long-term appointment. United States, in which the Court held that the pretrial freeze of a criminal defendant’s untainted assets violates the Sixth Amendment right to counsel of choice. Chatman, holding by a vote of seven to one that the Supreme Court of Georgia’s decision that the defendant failed to show purposeful race discrimination in the selection of his jury was clearly erroneous, comes from Tony Mauro of Supreme Court Brief (subscription or registration required); commentary comes from Kent Scheidegger at Crime and Consequences, Janell Ross for The Washington Post, Steven Mazie in The Economist, and Garrett Epps in The Atlantic. It did not add any new cases to its merits docket for next Term or call for the views of the Solicitor General in any cases. TexasWhether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”Zubik v.
Board of Education of the City of New York, 14-354, which was relisted a third time this week.

Donald, 14-618, a state-on-top habeas case, stems from a multi-defendant murder case in which the respondent alleges his counsel rendered ineffective assistance by being absent for ten minutes while the trial court received evidence about co-defendants. United States Army Corps of Engineers, 14-493, involving the important issue of the appealability of a “Jurisdictional Determination” issued by the Army Corps of Engineers under the Clean Water Act — a question left unanswered by Sackett v.
But seriously, the week off has nothing to do with SCOTUStition: The happy-go-lucky Justices doubtless just want to get an early start on St. Texas14-292Issue: (1) Whether the former Texas special issues for death penalty sentencing do provide – as the Texas Court of Criminal Appeals held – or do not provide – as the Fifth Circuit has held – an appropriate vehicle for the jury to consider and give full effect to mitigating evidence of good character, such that failure to provide a separate question violates the Eighth and Fourteenth Amendments under this Court’s jurisprudence in Penry v. Gleason14-452Issue: Whether the Eighth Amendment requires that a capital-sentencing jury be affirmatively instructed that mitigating circumstances “need not be proven beyond a reasonable doubt,” as the Kansas Supreme Court held in this case, or instead whether the Eighth Amendment is satisfied by instructions that, in context, make clear that each juror must individually assess and weigh any mitigating circumstances. Johnson13-10288Issue: (1) Whether the Ninth Circuit erroneously failed to enforce Miller v.
Donald14-618Issue: (1) Whether the Michigan courts' decision not to extend United States v. Wisconsin14-555Issue: Whether a trial court's complete denial of a criminal defendant's constitutional right to testify is amenable to harmless-error analysis. North Carolina14-593Issue: Whether the state of North Carolina performs an unconstitutional search when it requires a citizen to wear a GPS monitoring ankle bracelet for the rest of his life based only on the citizen's status as a recidivist sex offender and where there is no finding that he is a threat to society. Kaufman Memorial Securities Law Moot Court Competition at Fordham Law School on April 3, while Kagan helped adjudicate the final argument in the Orison S. However, the Republican senators refusing to act on Garland’s nomination were no more likely to move O’Connor’s nomination. Brennan – in which the Court held that, in cases involving allegations of constructive discharge, the forty-five-day period for federal employees to contact the Equal Employment Opportunity Commission begins to run when the employee resigns – comes from R.
BurwellBecause both the Obama administration and the religious non-profits, colleges, and schools challenging the accommodation offered to those who object to complying with the Affordable Care Act’s birth control mandate confirm that contraceptive coverage could be provided to the challengers’ female employees, through the challengers’ insurance companies, without any notice from the challengers, the decisions of the courts of appeals rejecting the challenge are vacated and remanded. Alabama, holding that sentencing minors to life without parole violates the Eighth Amendment.
The Bronx Household of Faith invokes the First Amendment’s Free Exercise, Free Speech, and Establishment Clauses to challenge the New York Board of Education’s policy excluding groups engaging in “religious worship services” from using public school buildings after hours.
On cert., the state asks (1) whether the Michigan courts’ decision not to extend United States v.
North Carolina, 14-593, was neither in custody nor on probation for any crime, he was ordered by a North Carolina trial court to submit to an involuntary GPS monitoring system “for the rest of his life” on the basis of two prior convictions — a second-degree sexual offense committed when he was seventeen, and a subsequent conviction for indecent liberties with a child about ten years later. Alabama adopts a new substantive rule that applies retroactively on collateral review to people condemned as juveniles to die in prison; and (2) whether the Supreme Court has jurisdiction to decide whether the Supreme Court of Louisiana correctly refused to give retroactive effect in this case to this Court’s decision in Miller v. Cronic to cover counsel's brief absence from trial was an “extreme malfunction” entitling the petitioner to habeas relief; and (2) whether the Michigan courts reasonably determined that Donald had not shown Strickland v.
On Thursday, the Justices met for their May 26 Conference; our list of "petitions to watch" for that Conference is available here. Given the gravity of the dispute and the substantial clarification and refinement in the positions of the parties, the parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates the challengers’ religious exercise while at the same time ensuring that women covered by the challengers’ health plans receive full and equal health coverage, including contraceptive coverage.Whole Woman’s Health v. Burwell, 14-392, the university with the best football program in a state famous for basketball claimed a religious exemption from regulatory requirements under the Affordable Care Act regarding “abortion-inducing products, contraception, and sterilization.” Rather than asking for the Court for plenary review, the university simply asked the Court to grant its petition, vacate the judgment below, and remand to the Seventh Circuit for further consideration in light of last Term’s Burwell v. It asks (1) “[w]hether the former Texas special issues for death penalty sentencing [provide] .
Cronic to cover counsel’s brief absence from trial was an “extreme malfunction” entitling the petitioner to habeas relief; and (2) whether the Michigan courts reasonably determined that Donald had not shown Strickland v.
At the hearing to determine his eligibility for the program, “there was no consideration of whether [p]etitioner constituted a threat to society,” nor were any other facts introduced, other than that Grady had received two previous convictions.
Duran, suspecting that his girlfriend’s ex-boyfriend was a drug dealer, lured the ex-boyfriend and his nephew to an apartment, where Duran and several co-conspirators repeatedly stabbed and burned the two victims, threatening to kill them unless they turned over drugs or money.

Kent Recycling appealed the Jurisdictional Determination by the Corps that the company’s property contained “waters of the United States” subjecting the property to regulation under the Act.
Johnson; (2) whether a conviction aided by the prosecution's failure to produce evidence that contradicted its theory and showed that the evidence it did rely upon and the resulting jury arguments were false violates the Due Process Clauses of the Fifth and Fourteenth Amendments under this Court's Brady v. Washington prejudice flowing from his counsel's brief absence in a multi-defendant case during the taking of evidence that did not inculpate his client. Whether, under § 1113 of the Bankruptcy Code, a bankruptcy court may authorize a unionized debtor employer to abolish its employees’ pensions, health coverage and other benefits without complying with its bargaining obligations under the National Labor Relations Act, when no collective bargaining agreement exists. While at NYU, Kagan also participated in a question-and-answer session, which The New York Times covered.
Washington prejudice flowing from his counsel’s brief absence during the taking of evidence that did not inculpate his client. Nelson was ultimately convicted (“requir[ing] [her] to register for life as a sex offender”). Grady unsuccessfully appealed the trial court’s monitoring order to both the state court of appeals and the state supreme court. The nephew agreed to take his assailants to the ex-boyfriend’s house, where the assailants committed a violent home-invasion robbery. But invoking the Administrative Procedure Act (“APA”), the Fifth Circuit refused to review the Jurisdictional Determination on the ground that it creates no legal consequences and is not a “final agency action.” Kent Recycling’s cert. Maryland jurisprudence; and (3) whether executing a defendant who has already served more than thirty years on death row while exercising his legal rights in a non-abusive manner serves any penological purpose and amounts to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Law on International Commercial Arbitration and served as the Chair of the Arbitration Task Force of the Searle Civil Justice Institute.
Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.Fisher v. On appeal, she urged that the trial court’s refusal to allow her to take the stand violated her constitutional right to testify. Still holding the nephew hostage, Duran and his confederates then violently robbed other nearby homes, triggering a shoot-out that caused him to flee. University of Texas at AustinDoes the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?Spokeo, Inc. After being rescheduled once and relisted once, that is precisely what the Court did on Monday, without recorded dissent. The Wisconsin courts found Nelson’s claims to be (a) amenable to harmless-error-review, and (b) harmless.
So while the vita was all dulcedo and spes for Notre Dame this week, don’t forget the modest ask. Lynaugh]”; (2) whether the state’s post-trial disclosure of evidence relating to ammunition used in the crime resulted in a violation of the Fifth and Fourteenth Amendments under Brady v. If the Justices grant cert., look for them to invoke the obscure Rule 69(q), which would permit respondent Amy Imburgia to render her name in all-capital letters to offset DIRECTV’s distinct typographical advantage. Maryland; and (3) whether “executing a defendant who has already served more than 30 years on death row” amounts to cruel and unusual punishment. It’s time for me to start predicting that we’ll see an opinion in that case soon, so the Court will feel free to grant cert. Hopefully, the Court will have some action on these at the next Conference: It’s Miller time.

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