Federal Judiciary

Today’s Orders & Opinions | 6.16.08

By Akin Gump Supreme Court Practice Group

Today’s orders list is available here. The Court granted certiorari in three cases, filings for which are available after the jump.

Today’s opinion by Justice Thomas in Florida Dept. of Revenue v. Piccadilly Cafeterias (07-312) is now available here. Justice Breyer issued a dissenting opinion joined by Justice Stevens.

Today’s opinion by Justice Kennedy in Dada v. Mukasey (06-1181) is now available here. Justice Scalia issued a dissenting opinion in which the Chief Justice and Justice Thomas joined. Justice Alito also issued a dissenting opinion.

The Court granted certiorari this morning in the following three cases:

Docket: 07-1015
Case name: Ashcroft v. Iqbal, et al.
Issue: Whether current and former federal officials, including FBI Director Robert Mueller and former Attorney General John Ashcroft, are entitled to qualified immunity against allegations they knew of or condoned racial and religious discrimination against individuals detained in the wake of the September 11 attacks.

• Opinion below (2nd Circuit)
• Petition for certiorari (Federal government)
• Petition for certiorari (Sawyer, former Bureau of Prisons officials)
• Brief in opposition
• Petitioner?s reply (Ashcroft)
• Petitioner?s reply (Sawyer)
• Brief amici curiae of former Attorney General William P. Barr, et al. (in support of the petition)

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Docket: 07-1209
Case name: Peake v. Sanders
Issue: Whether courts must presume the failure of the Department of Veterans? Affairs to give notice to benefits? claimants to be prejudicial.

• Opinion below (Federal Circuit)
• Petition for certiorari
• Brief in opposition (respondent Woodrow F. Sanders)
• Brief in opposition (respondent Patricia D. Simmons)
• Petitioner?s reply

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Docket: 07-10374
Case name: Haywood v. Drown, et al.
Issue: Whether a state law barring state courts from hearing damages actions against corrections officers violates the Supremacy Clause by not permitting adjudication of claims under 42 USC 1983.

• Opinion below (Court of Appeals of New York)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amicus curiae of Prisoners’ Legal Services of New York

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Full post as published by SCOTUSBLOG on June 16, 2008 (boomark / email).