Federal Judiciary

The Week Ahead

By Akin Gump Supreme Court Practice Group

On Monday, the Court will release orders from the Justices? private conference last Friday. We will provide a link to the orders list as soon as it is available. Following the release of orders, the Court will hear argument in:

• Chambers v. United States (06-11206), on whether failure to report to prison is a “violent felony” under the Armed Career Criminals Act.
• United States v. Hayes (07-608), on whether federal gun laws require a domestic relationship between an attacker and victim to qualify as a misdemeanor crime of “domestic violence.”
• Melendez-Diaz v. Massachusetts (07-591), on whether the Confrontation Clause gives criminal defendants a right to cross-examine forensic analysts who prepare laboratory reports for use in their prosecution.

On Tuesday, the Court will be closed in observance of Veterans’ Day.

On Wednesday, the Court will hear argument in:

• Pleasant Grove City, UT v. Summum (07-665), on whether donated monuments displayed in public parks qualify as private speech, thus requiring municipalities to display monuments from all other donors.
• Bell v. Kelly (07-1223), on whether the deferential standard in the federal habeas statute should be applied to claims a state court did not consider.

On Friday, the Justices will hold a private conference, orders from which are expected to be released the following Monday. To view our list of petitions to watch at Friday?s conference, click here.

On Monday, both sides in Kennedy v. DuPont Savings Plan Administrator (07-636) are to file supplemental briefs on the role of plan documents in interpreting the scope of ERISA benefits. A post discussing the Court’s call for added briefs can be read here.  The case was argued on Oct. 7.

No petitioners’ merits briefs are due this week.  The respondent’s brief is due Wednesday in Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi (07-615).

Full post as published by SCOTUSBLOG on November 09, 2008 (boomark / email).