Petitions of the week
on Dec 4, 2018 at 5:41 pm
This week we highlight petitions pending before the Supreme Court that address, among other things, the reasonableness of an officer’s suspicion that the registered owner of a vehicle is the person driving the vehicle, a public school’s interest in authorizing students “who believe themselves to be members of the opposite sex” to use locker rooms and restrooms reserved exclusively for the opposite sex, and whether a federal court should abstain from resolving a request to compel arbitration when a state court has already ruled on that request.
The petitions of the week are:
Issue: Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary.
Issues: (1) Whether a party opposing arbitration on the ground of waiver by litigation conduct must prove that it was prejudiced by the other party’s waiver; and (2) whether a federal court should abstain from resolving a request to compel arbitration when a state court has already ruled on that request.
Issues: (1) Whether, given students’ constitutionally protected privacy interest in their partially clothed bodies, a public school has a compelling interest in authorizing students who believe themselves to be members of the opposite sex to use locker rooms and restrooms reserved exclusively for the opposite sex, and whether such a policy is narrowly tailored; and (2) whether the Boyertown policy constructively denies access to locker room and restroom facilities under Title IX “on the basis of sex,” 20 U.S.C. § 1681.
