Today’s Conference

By Tom Goldstein
on May 19, 2005 at 8:50 am

Including today, the Justices have six Conferences remaining this Term at which they will consider petitions for certiorari. The Court has started to fill its December argument calendar and I continue to think they will fill that calendar before leaving for the summer recess in late-June or early-July.

I previously noted two significant cases that were relisted from the May 12 conference: (i) No. 04-1444, Ayotte v. Planned Parenthood (an abortion parental consent case that would, if granted, likely play a significant role in any Supreme Court confirmation); and (ii) No. 04-1170, Kansas v. Marsh (a capital sentencing case).

Of the remaining cases being considered this morning, one of the most interesting involves friends of ours as counsel on both sides (Bob Long and Ted Metzler of Covington for the petitioner and Erik Jaffe for the respondent): No. 04-1057, McKenzie v. Benton. The question in McKenzie is who bears the burden of proof on the “direct threat” provision of the Americans With Disabilities Act. Here are the petition, opposition, and reply.

The remaining cases we’re watching are:
No. 04-1114, City of Sequim, WA v. Johnson (qualified immunity)
No. 04-1157, Odom v. Young (class action tolling)
No. 04-1282, Hsu v. County of Clark (air space regulation and takings)
No. 04-1283, Finch v. Galaway (ERISA beneficiaries)