Re-list watch
on Mar 22, 2011 at 8:39 am
The Court denied cert. in one case that it had relisted twice since calling for a response, Huber v. New Jersey Department of Environmental Protection, 10-388; Justice Alito, joined by the Chief Justice and Justices Scalia and Thomas filed this opinion respecting the denial of certiorari. The Court granted in Maples v. Thomas, 10-63, limited to question 2 presented by the petition (question 1 was no longer certworthy after the decision in Walker v. Martin, 09-996).  As I mused here , the Court summarily reversed in Felkner v. Jackson, 10-797 (which the Court had relisted three times); the opinion is here .
In addition, it appears that the Court is simply holding a couple of cases that it previously had relisted: Burris v. Judge, 10-367, and Quinn v. Judge, 10-821. Finally, it appears that Zuress v. Donley, 10-374, is being held awaiting the respondents’ response in Wetherill v. McHugh, 10-638, which raises the same issue. (Note that Goldstein, Howe & Russell is counsel of record in Zuress.)
If a case has been relisted once, it generally means that the Court is paying close attention to the case, and the chances of a grant are higher than for an average case. But once a case has been relisted more than twice, it is generally no longer a likely candidate for plenary review, and is more likely to result in a summary reversal or a dissent from the denial of cert.
Title: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (relisted after 2/25, 3/4Â and 3/18 Conferences)
Docket: 10-553
Issue(s): Whether the ministerial exception, which prohibits most employment-related lawsuits against religious organizations by employees performing religious functions, applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.
Certiorari stage documents:
§ Opinion below (6th Cir.)
§ Brief in opposition of the EEOC
§ Brief in opposition of respondent Cheryl Perich
§ Amicus brief of religious organizations
§ Amicus brief of Christian Reformed Church in North America et al.
§ Amicus brief of International Mission Board of the Southern Baptist Convention et al.
§ Petitioner’s reply brief
Title: Weishuhn v. Catholic Diocese of Lansing (relisted after 3/4Â and 3/18 Conferences)
Docket: 10-760
Issue(s): (1) Whether the ministerial exception grounded in the First Amendment bars employees of religious institutions, from asserting a state civil rights claim where the employment action does not involve selection of employees or an examination of church doctrine; (2) whether an employee of a religious institution who is found to be a ministerial employee should be barred from bringing a state whistleblowers’ action.
Certiorari stage documents
§ Opinion below (Court of Appeals of Michigan)
Title: Philip Morris USA Inc. v. Jackson (relisted after 3/4Â Conference; apparently relisted or held after 3/18 Conference)
Docket: 10-735
Issue(s): Whether the Due Process Clause prevents state courts from employing the class-action device to eliminate fundamental substantive and procedural protections that would otherwise apply to adjudications of class members’ individual claims.
Certiorari stage documents:
§ Opinion below (Court of Appeal of Louisiana, Fourth Circuit)
§ Amicus brief of the Chamber of Commerce of the United States
§ Amicus brief of the Pacific Legal Foundation
§ Amicus brief of DRI – The Voice of the Defense Bar
§ Amicus brief of the Washington Legal Foundation
Title: Kiyemba v. Obama (relisted after 3/18 Conference)
Docket: 10-775
Issue(s): Whether petitioners have a habeas corpus right to be brought into the United States and released, outside the framework of the fedÂeral immigration laws and in contravention of specific statutory restrictions on their transfer to the United States, when they have been granted habeas corpus reÂlief and received appropriate offers of resettlement from two different countries but have declined to accept those offers.
Certiorari stage documents:
§ Opinion below (D.C. Cir.)
§ Petition for certiorari
§ Brief in opposition
Title: Vargas-Solis v. United States (apparently relisted or held after 3/18 Conference)
Docket: 10-6866
Issue(s): Whether the district court erred by directing that petitioner’s federal sentence be served consecutively to a state sentence that had not yet been imposed.
Certiorari stage documents:
- Opinion below (5th Cir.)
- Petition for certiorari
- Brief in opposition
Title: Setser v. United States (apparently relisted or held after 3/18 Conference)
Docket: 10-7387
Issue(s): Whether the district court erred by directing that petitioner’s federal sentence be served consecutively to a state sentence that had not yet been imposed.
Certiorari stage documents:
- Opinion below (5th Cir.)
- Petition for certiorari
- Brief in opposition
- Reply brief
