Federal Judiciary

November arguments, day by day

By Akin Gump Supreme Court Practice Group

The Supreme Court on Monday released the schedule of oral arguments to be heard in the two-week session that begins on Monday, Nov. 1.  During this sitting, the Court will have only one afternoon session — on Tuesday, Nov. 2.   Morning arguments begin at 10 a.m.  An afternoon argument starts at 1 p.m.  A day-by-day list of arguments, with a summary of the issue in each case, is below the jump.  The list also shows the cases from which the new Justice, Elena Kagan, is expected to be recused.  The cases in which she will sit are scheduled for the first part of a day, so that she can leave the bench for a following case in which she will not be taking part.

Mon., Nov. 1:

Ortiz v. Jordan (09-737) — right to appeal pre-trial summary judgment after the trial is over

U.S. v. Tohono O’Odham Nation (09-846) — authority of the specialized federal court deciding claims against the U.S. government — the Court of Federal Claims  (J. Kagan recused)

Tues., Nov. 2:

Schwarzenegger v. Entertainment Merchants Association (08-1448) — constitutionality of state ban on sale or rental of violent video games to minors

Sossamon v. Texas (08-1438) — immunity of state officials to money damage lawsuits for violating prison inmates’ religious freedom (J. Kagan recused)

1 p.m. Staub v. Proctor Hospital (09-400) — validity of “cat’s paw theory” on employer liability for subordinate’s discrimination in the workplace (J. Kagan recused)

Wed., Nov. 3:

Arizona Christian School Tuition Organization v. Winn (09-987) and Garriott v. Winn (09-991) — constitutionality of state tuition tax credit for private school tuition; also, issue on standing to sue (cases consolidated for 1 hour of argument)

Williamson v. Mazda Motor of America (08-1314) — federal preemption of state court lawsuits claiming failure to warn about safety hazards of auto seat belt design (J. Kagan recused)

Mon., Nov. 8:

Costco Wholesale v. Omega S.A. (08-1423) — scope of exemption from copyright infringement for goods made abroad and imported into U.S. (J. Kagan recused)

Mayo Foundation v. U.S. (09-837) — exemption of medical residents from federal payroll tax (J. Kagan recused)

Tues., Nov. 9:

AT&T Mobility v. Concepcion (09-893) — state authority to nullify a contract requiring individual arbitration of disputes over cell phone contracts

Cullen v. Pinholster (09-1088) — federal habeas court’s duty to respect state court ruling on defense lawyer’s obligations at capital sentencing

Wed., Nov. 10:

CSX Transportation v. Alabama Revenue Department (09-520) — railroad immunity to state sales and use taxes

Flores-Villar v. U.S. (09-5801) — constitutionality of treating fathers differently from mothers in transferring their U.S. citizenship to a child born overseas  (J. Kagan recused)

Full post as published by SCOTUSBLOG on August 23, 2010 (boomark / email).