Federal Judiciary

Today’s Orders | 12.5.08

By Akin Gump Supreme Court Practice Group

Today’s orders list is available here. The Court granted certiorari in two cases — al-Marri v. Pucciarelli (08-368) and Gross v. FBL Financial Services, Inc. (08-441) — filings for which are available after the jump.

Docket: 08-368
Title: al-Marri v. Pucciarelli
Issue: Whether Congress, in passing the Authorization for Use of Military Force after September 11, authorized the indefinite military detention of a legal immigrant seized on domestic soil whom the government alleged to have conspired with al Qaeda to carry out attacks against the United States.

• Opinion below (4th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amici curiae of William N. Eskridge, Jr., Daniel A. Farber, and Eric Lane (in support of petitioner)
• Brief amici curiae of Professors of Constitutional Law and of the Federal Courts (in support of petitioner)
• Brief amici curiae of Former Federal Judges, et al. (in support of petitioner)
• Brief amici curiae of The Constitution Project, et al. (in support of petitioner)
• Brief amici curiae of Retired Military Officers (in support of petitioner)

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Docket: 08-441
Title: Gross v. FBL Financial Services, Inc.
Issue: Whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case.

• Opinion below (8th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amicus curiae of National Employment Lawyers Association (in support of petitioner)

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Full post as published by SCOTUSBLOG on December 05, 2008 (boomark / email).