Federal Judiciary

Petitions to Watch | Conference of 5.15.08

By Akin Gump Supreme Court Practice Group

The latest edition of ?Petitions to Watch? features cases up for consideration at the Justices? private conference of May 15. As always, the list reflects the petitions on the Court?s paid docket that Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, including the list for the upcoming conference of May 8, visit our archives here on SCOTUSwiki.

Conference of May 15, 2008

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Docket: 07-639
Case name: Dong v. Department of Justice
Issue: Whether fiancés of individuals forced to undergo an abortion or sterilization are entitled to ?refugee? status.

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply (awaiting from counsel)

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Docket: 07-1024
Case name: Screen Actors Guild v. Metoyer
Issue: Whether, under 42 USC 1981, an employer can assert a ?mixed motive? defense to an employment discrimination claim ? e.g., that the action in question was also supported by a legitimate, non-discriminatory reason.

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition

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Docket: 07-1029
Case name: Forbes v. United States
Issue: Whether, during a defendant?s third trial, a district court may exclude prosecutors? statements during two previous trials that a government witness had received immunity from prosecution, if the court found the statements were in fact mistaken.

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Docket: 07-1056
Case name: Royal v. Durison
Issue: Whether a prisoner who files a 1983 suit following his release must satisfy the favorable termination rule of Heck v. Humphrey (1994).

• Opinion below (3rd Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Full post as published by SCOTUSBLOG on April 30, 2008 (boomark / email).