Federal Judiciary

Today’s Orders

By Akin Gump Supreme Court Practice Group

The Court has granted certiorari in two cases, Christian Legal Society v. Martinez (08-1371) and Dillon v. United States (09-6338).  It also summarily reversed and remanded the petition Michigan v. Fisher (09-91), in a per curiam opinion from which Justices Stevens and Sotomayor dissented.  The full order list is here.

Docket: 08-1371
Title: Christian Legal Society v. Martinez
Issue: Whether a public university law school may deny school funding and other benefits to a religious student organization because the group requires its officers and voting members to agree with its core religious viewpoints.

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

Docket: 09-6338
Title: Dillon v. United States
Issues: (1) Whether the Federal Sentencing Guidelines are binding when a district court imposes a new sentence pursuant to a revised guideline range under 18 U.S.C. § 3582.
(2) Whether during a § 3582(c)(2) sentencing, a district court is required to impose sentence based on an admittedly incorrectly calculated guideline range.

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition

Full post as published by SCOTUSBLOG on December 07, 2009 (boomark / email).