Federal Judiciary

Today’s Orders | 1.9.09

By Akin Gump Supreme Court Practice Group

Today’s orders list is now available here. The Supreme Court agreed to hear argument in four cases today, filings for which are available after the jump.

Docket: 07-1090; 08-539
Case name: Republic of Iraq v. Beaty, et al.; Republic of Iraq, et al., v. Robert Simon, et al.
Issue: Whether U.S. Courts have jurisdiction over Iraq in claims involving alleged misdeeds that occurred during Saddam Hussein?s regime.

• Opinion below (D.C. Circuit) (07-1090)
• Opinion below (D.C. Circuit) (08-539)
• Petition for certiorari (07-1090)
• Petition for certiorari (08-539)
• Brief in opposition (07-1090)
• Brief in opposition (08-539)
• Petitioner?s reply (07-1090)
• Petitioner?s reply (08-539)
• Brief amicus curiae of United States (recommending grant of certiorari) (07-1090)
  

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Docket: 07-1428; 08-328
Title: Ricci, et al. v. DeStefano, et al.
Issue: Whether municipalities may decline to certify results of an exam that would make disproportionately more white applicants eligible for promotion than minority applicants, due to fears that certifying the results would lead to charges of racial discrimination.

• Opinion below (2nd Circuit)
• Petition for certiorari (07-1428)
• Supplemental brief of petitioners (07-1428)
• Petition for certiorari (08-328)
• Brief in opposition
• Petitioner?s reply
• Brief amici curiae of Center for Individual Rights, et al. (in support of petitioners) (08-328)

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Docket: 08-289; 08-294
Title: Horne v. Flores; Speaker of the Arizona House of Representatives v. Flores
Issue: Whether the courts below improperly declined to modify an injunction against Arizona for failing to provide sufficient funding for non-English speaking school children.

• Opinion below (9th Circuit)
• Petition for certiorari (08-289)
• Petition for certiorari (08-294)
• Brief in opposition (Flores)
• Brief in opposition (Arizona)
• Petitioner?s reply (08-294)
• Brief amicus curiae of Washington Legal Foundation (in support of petitioners)
• Brief amici curiae of the American Legislative Exchange Council as Amicus Curiae (in support of petitioners)

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Docket: 08-322
Title: Northwest Austin Municipal Utility District Number One v. Michael B. Mukasey, Attorney General, et al.
Issue: Whether the appellant is eligible to ?bail out? from the preclearance requirement of Section 5 of the Voting Rights Act, and whether Congress provided sufficient justification of current voting discrimination when extended the requirement in 2006 for another twenty-five years.

• Opinion below (D.C. District)
• Statement as to jurisdiction
• Motion to affirm filed by appellee Michael B. Mukasey, Attorney General
• Motion to affirm filed by appellees Intervenor-Appellees Texas State Conference of NAACP, et al.
• Reply of appellant

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Full post as published by SCOTUSBLOG on January 09, 2009 (boomark / email).