Petitions to Watch | Conference of 2.22.08
on Feb 8, 2008 at 12:03 pm
The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of February 22. As always, the list reflects the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.
Issues raised in the current list of petitions include how to calculate attorneys’ fees under the Equal Access to Justice Act, when a trial begins for purposes of seeking an enhanced sentence, what “actual notice” means under Title IX, and whether the IDEA can be enforced through § 1983. For the full list of petitions on our watch list, continue reading after the jump.
Conference of February 22, 2008
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Docket: 07-526
Case name: Carcieri v. Kempthorne
Issue: Whether the Narrangansett Tribe may receive benefits under the Indian Reorganization Act of 1934 if the Tribe was not federally recognized on the date of enactment, and whether the Rhode Island Indian Claims Settlement Act foreclosed the Tribe’s right to exercise sovereignty over land in the state.
- Opinion below (1st Circuit)
- Petition for certiorari
- Brief in opposition
- Amicus brief of Alabama and other states (in support of the petitioner)
- Amicus brief of Citizens Equal Rights Foundation and The RISC Foundation, Inc. (in support of the petitioner)
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Docket: 07-542
Case name: Arizona v. Gant
Issue: Whether, under New York v. Belton (1981), police may conduct a warrantless search of a car if its recently arrested occupant poses no threat to officer safety or preservation of evidence.
- Opinion below (Supreme Court of Arizona)
- Petition for certiorari
- Brief in opposition
- Amicus brief of Los Angeles County (in support of the petitioner)
- Amicus brief of the National Association of Police Organizations (in support of the petitioner)
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Docket: 07-547
Case name: Lopez v. Astrue
Issue: Whether, in calculating attorney’s fees under the Equal Access to Justice Act, courts must use the Consumer Price Index for All Urban Consumers.
- Opinion below (5th Circuit)
- Petition for certiorari
- Brief in opposition
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Docket: 07-658
Case name: National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission
Issue: Whether FERC violated the 10th Amendment or Federal Power Act in regulating state transmission providers use of state-granted eminent domain authority.
- Opinion below (D.C. Circuit)
- Petition for certiorari
- Brief in opposition
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Docket: 07-684
Case name: Liberty Electric Power v. National Energy & Gas Transmission, Inc.
Issue: Whether, under 502(b)(2) of the Bankruptcy Code, federal courts may rely on equitable principles to reject claims otherwise valid under state law.
- Opinion below (4th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
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Docket: 07-692
Case name: Dale v. White County, Georgia School District
Issue: Whether, in a Title IX damages action, a plaintiff must show a defendant had notice that the plaintiff’s rights were presently being violated or that there was substantial risk of such a violation.
- Opinion below (11th Circuit)
- Petition for certiorari
- Brief in opposition
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Docket: 07-825
Case name: Blanchard v. Morton School District
Issue: Whether the Individuals with Disabilities Education Act can be enforced through 42 U.S.C. § 1983?
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