Federal Judiciary

Today’s order

By Akin Gump Supreme Court Practice Group

There are no new cert. grants.  The Court has asked for the views of the United States in two cases: Triple-S Management v. Municipal Revenue Collection (09-233) and Janus Capital Group v. First Derivative Traders (09-525).  The full order list is here.

UPDATE, 10:30 a.m.: The Court has summarily decided an old case, McDaniel v. Brown (08-559), which was granted in January 2009, scheduled for oral argument, and then pulled from the argument schedule.  In a per curiam opinion, the Court reverses the Ninth Circuit.

Docket: 09-233
Title: Triple-S Management Corporation v. Municipal Revenue Collection Center
Issue: Is the executive branch, unlike the legislative branch, free of all due process constraints on retroactive government action, as long as it asserts that its earlier interpretation of law was ?wrong??

• Opinion below (Supreme Court of Puerto Rico)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Amicus brief of the Council on State Taxation

Briefs for Janus Capital Group v. First Derivative Traders are coming soon.

Full post as published by SCOTUSBLOG on January 11, 2010 (boomark / email).