Federal Judiciary

Today’s Orders | 1.16.09

By Akin Gump Supreme Court Practice Group

 The Court granted certiorari in six cases today, filings for which are available after the jump.

Docket: 08-305
Title: Forest Grove School District, Petitioner v. T. A.
Issue: Whether parents of a student who has never previously received special education services from a school district may be eligible under the Individuals with Disabilities Education Act for reimbursement of private school tuition. (Note: the Court granted certiorari to resolve this question in Board of Education of New York v. Tom F. (06-637) but affirmed the opinion below by an equally divided vote.)

• Opinion below (9th Circuit).
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amici curiae of the National School Boards Association, et al. (in support of petitioner)

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Docket: 08-453
Title: Cuomo v. The Clearing House Ass?n, L.L.C.,
Issue: Whether 12 USC § 484 and 12 CFR § 7.4000 prohibit measures taken by the New York State Attorney General to enforce state fair lending law against national banks by subjecting those entities to ?visitorial powers.?

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition
• Brief of federal respondents in opposition
• Petitioner?s reply
• Brief amicus curiae of the National Association of Realtors (in support of petitioner)
• Brief amicus curiae of Conference of State Bank Supervisors (in support of petitioner)
• Brief amici curiae of North Carolina, et al. (in support of petitioner)
• Brief amici curiae of Central New York Citizens in Action, Inc., et al. (in support of petitioner)

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Docket: 08-479
Title: Safford United School District #1 v. Redding
Issue: Whether the Fourth Amendment prohibits public school officials from conducting a strip search of a student suspected of possessing and distributing a prescription drug on campus in violation of school policy.

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Brief amici curiae of National School Boards Association, et al. (in support of petitioners)
• Petitioner?s reply

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Docket: 08-495
Title: Nijhawan v. Mukasey
Issue: Whether the petitioner’s conviction for mail, bank and wire fraud qualified as an aggravated felony under the immigration laws, the penalty for which is lifetime banishment from the country.

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

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Docket: 08-598
Title: Bobby v. Bies
Issue: Whether the holding of a state post-conviction hearing to determine the mental capacity of a capital defendant whose death sentence was affirmed before Atkins v. Virginia (2002), which barred the execution of mentally retarded defendants, violates the Double Jeopardy clause.

• Opinion below (6th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Docket: 08-660
Title: U.S. ex rel. Eisenstein v. City of New York
Issue: Whether the 30-day time limit in Federal Rule of Appellate Procedure 4(a)(1)(A) for filing a notice of appeal, or the 60-day time limit in Rule 4(a)(1)(B), applies to a qui tam action under the False Claims Act.

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

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Full post as published by SCOTUSBLOG on January 16, 2009 (boomark / email).