Federal Judiciary

Today?s orders from the October 8 Conference

By Anna Christensen

This morning, the Court issued an order list from last week?s Conference that included grants of certiorari, denials of certiorari, and an invitation for the Acting Solicitor General to file a brief expressing the views of the United States (CVSG), as well as several “GVR” (grant, vacate, and remand) orders.  Our live-blog coverage of the orders is available here; the full order list is here.

Certiorari was granted this morning in the following cases:

Title: Bond v. United States (Granted )
Docket: 09-1227
Issue(s): Whether a criminal defendant convicted under a federal statute has standing to challenge her conviction on grounds that, as applied to her, the statute is beyond the federal government?s enumerated powers and inconsistent with the Tenth Amendment.

Certiorari-Stage Documents:

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

The following two cases were consolidated by the Court:

Title: Camreta v. Greene (Granted )
Docket: 09-1454
Issue(s): (1) Whether the traditional warrant/warrant exception requirements that apply to seizures of suspected criminals should apply to an interview of the child in light of reports of child abuse, or whether instead a balancing standard should apply; and (2) whether the Ninth Circuit?s constitutional ruling is reviewable, notwithstanding that it ruled in the petitioner?s favor on qualified immunity grounds.

Certiorari-Stage Documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of states
• Amicus brief of the Arizona Prosecuting Attorneys' Advisory Council
• Amicus brief of the California State Association of Counties et al.

Title: Alford v. Greene (Granted )
Docket: 09-1478
Issue(s): Whether the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually abused.

Certiorari-Stage Documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief for the Los Angeles County District Attorney

Title: Borough of Duryea v. Guarnieri (Granted )
Docket: 09-1476
Issue(s): Whether state and local government employees may sue their employers for retaliation under the First Amendment?s Petition Clause when they petitioned the government on matters of private concern.

Certiorari-Stage Documents:

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply
• Amicus brief of Pennsylvania State Association of Boroughs

Title: DePierre v. United States (Granted )
Docket: 09-1533
Issue(s): Whether the term ?cocaine base? encompasses every form of cocaine that is classified chemically as a base, or whether the term ?cocaine base? is limited to ?crack? cocaine.

Certiorari-Stage Documents:

• Opinion below (1st Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

Title: Global-Tech Appliances, Inc. v. SEB S.A. (Granted )
Docket: 10-6
Issue(s): Whether the legal standard for the "state of mind" element of a claim for actively inducing infringement under 35 U.S.C. § 271(b) is ?deliberate indifference of a known risk? that an infringement may occur or instead ?purposeful, culpable expression and conduct? to encourage an infringement.

Certiorari-Stage Documents:

• Opinion below (Federal Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief for 26 Law, Economics, and Business Professors

Title: Madison County v. Oneida Indian Nation (Granted )
Docket: 10-72
Issue(s): (1) Whether tribal sovereign immunity from suit bars taxing authorities from foreclosing to collect lawfully imposed property taxes; and (2) whether the ancient Oneida reservation in New York was disestablished or diminished.

Certiorari-Stage Documents:

• Opinion below (2d Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply
• Amicus brief of the Town of Lenox, New York
• Amicus brief of the States of New York et al.
• Amicus brief of the Town of Verona and Town of Vernon, New York
• Amicus brief of Cayuga County and Seneca County
• Amicus brief of Citizens Equal Rights Foundation et al.

The Court also called for the views of the Acting Solicitor General in the following case:

Title: Aquino v. Suiza Dairy
Docket: 10-74
Issue(s): Whether a federal court can order retrospective monetary relief against a sovereign as long as the necessary funds do not come directly from the general treasury.

Certiorari-Stage Documents:

• Opinion below (1st Circuit)
• Petition for certiorari
• Brief in opposition
• Brief in opposition for respondent Vaquería Tres Monjitas, Inc.
• Petitioners' reply
• Amicus brief of Texas et al.

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In addition, the Court has granted the Acting Solicitor General’s request to participate in oral argument in the consolidated cases of Arizona Christian School Tuition Organization v. Winn and Garriott v. Winn.  No argument time is allowed for the tuition organizations, and the time will be divided evenly between the state’s lawyer and the Acting Solicitor General.

The Court also scheduled for oral argument in due course the first exception to the first interim report of the Special Master in 137-Original, Montana v. Wyoming.

Lyle will cover today’s denials of certiorari in a later post.

Full post as published by SCOTUSBLOG on October 12, 2010 (boomark / email).