During the October 2005 Term, the Tarlton Law Library monitored cases pending before the Supreme Court. Below is an archive of the opinions issued and the certiorari petitions granted during this Term. This archive does not include summary dispositions of certiorari petitions or orders issued on pending cases.
Hamdan v. Rumsfeld
Constitutionality of the U.S. special military tribunals created to hear war crimes charges against foreign-national terrorist suspects.Clark v. Arizona
Constitutional right to use evidence of mental defect as a defense that the defendant did not know the nature and quality of the crime and as a rebuttal to evidence of intent.League of United Latin American Citizens v. Perry
A Voting Rights Act case concerning the validity of the 2003 Texas congressional redistricting plan. The Court upheld most of the Texas congressional map, freed all states to draw new political boundaries as often as they want, but ruled that District 23 of the new map failed to protect minority (Hispanic) voting rights.Beard v. Banks
Regarding the constitutionality, under the First Amendment, of a prison rule restricting dangerous inmate's access to newspapers, magazines and photos, and holding that on motion for summary judgment the state prison set forth adequate legal support for its policy (inmate did not raise issues of fact in his cross motion for summary judgment or provide adequate legal support to prevail on summary judgment).Sanchez-Llamas v. Oregon
Concerning the rights and remedies of foreign nationals arrested and detained who allege violations of the Vienna Convention on Consular Relations, section 36, and holding that suppression of evidence is not an appropriate remedy for a violation of Article 36 and that a state may apply its regular rules of procedural default to Article 36 claims. (The Vienna Convention on Consular Relations, section 36, requires authorities to notify the consular office of a foreign national detained in the United States if the detainee so requests.)Arlington Central School Dist. Bd. of Ed. v. Murphy
Whether prevailing parents of a disabled child in a suit under the Individuals with Disabilities Education Act (IDEA) may recover fees expended for their expert education consultant under the attorneys' fees provision of IDEA.Randall v. Sorrell
Concerning the constitutionality (1st Amendment) of Vermont 's Act 64, which limits the amounts that candidates for state office may spend on their campaigns and the amounts that individuals, organizations, and political parties may contribute to those campaigns.Washington v. Recuenco
Whether failure to submit a sentencing factor to the jury and rely instead on the court's fact-finding concerning the sentencing factor is 'structural' error requiring invalidation of the conviction, or rather is subject to harmless-error analysis.Kansas v. Marsh
Whether a Kansas statute directing imposition of the death penalty when aggravating and mitigating circumstances are in equipoise is constitutional.United States v. Gonzalez-Lopez
Whether a state's erroneous deprivation of defendant's right to counsel of his choice violates the Sixth Amendment and is not subject to harmless-error analysis, but rather is structural error, requiring reversal of the conviction.Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc.
The Court dismissed the writ of certiorari as improvidently granted in a case concerning the patentability of a process for detecting a scientific relationship between a medical test result and a medical condition in a patient. Justices Breyer, Souter, and Stevens filed a 15-page dissent.Woodford v. Ngo
Requiring an inmate to exhaust all administrative remedies under the Prison Litigation Reform Act, including complying with all administrative deadlines, as prerequisite to filing any lawsuit on the same matter in district court.Burlington, N. & S. F. R. Co. v. White
Ruling upon the scope of coverage of the anti-retaliation provision of Title VII of the 1964 Civil Rights Act (here a sex discrimination claim).Fernandez-Vargas v. Gonzales
Effect of 1996 amendments (IIRIRA) to U.S. immigration law on aliens who reentered the U.S. before the effective date of the amendments (April 1, 1997). Holding that the changes are applicable to the alien who reentered the U.S. illegally before the effective date of IIRIRA.Dixon v. United States
Ruling that it does not violate due process for a jury in a criminal trial to be instructed that an accused claiming the defense of duress or coercion has the burden to prove the defense by a preponderance of the evidence.Youngblood v. West Virginia
The Court remands the case for further development of defendant's Brady claim, while Scalia writes in dissent that the Court could accept the case on the merits as presentedRapanos v. United States,
Carabell v. U.S. Army Corps of Engineers
[Consolidated]
Jurisdiction of federal agencies to regulate wetlands under the Clean Water Act.Davis v. Washington,
Hammon v. Indiana
[Consilidated]
Admissibility of crime victims' statements made shortly after a crime has been committed.Samson v. California
Constitutionality of warrantless search of a paroleeHudson v. Michigan
Whether a violation by the police of the Fourth Amendment's "knock-and-announce" rule when they enter a home with a warrant bars the use of evidence gathered in the search.Empire HealthChoice Assurance, Inc. v. McVeigh
Federal jurisdiction over disputes about government contract terms formed pursuant to the Federal Employees Health Benefits Act.Howard Delivery Service, Inc. v. Zurich American Insurance Co.
Whether an unsecured claim for unpaid premiums owing for a debtor's statutory workers' compensation liability insurance policy is entitled to priority under Section 507(a)(4) of the Bankruptcy Code.Kircher v. Putnam Funds Trust
Whether 28 U.S.C. § 1447(d) bars an appellate court from reviewing a remand order for lack of subject-matter jurisdiction in a suit removed under the Securities Litigation Uniform Standards Act of 1998.Hill v. McDonough
Finding the case similar to its earlier decision in Nelson v. Campbell (541 U.S. 637), the Court ruled that a death row inmate could seek to challenge the three-drug lethal injection method as a civil rights claim under 42 U.S.C. 1983House v. Bell
Based on review of the record and reversing the Sixth Circuit, the Court held that petitioner House made the requisite, compelling claim of actual innocence required by Schlup v. Delo , 513 U.S. 298 (1995), and so House's federal habeas action may proceed.Zedner v. United States
Legitimacy of waiver of defendant's right to a speedy trial and whether violation of defendant's right under the Speedy Trial Act is subject to harmless-error analysis.Mohawk Industries, Inc. v. Williams
The question was whether a defendant corporation and its agents can constitute an “enterprise” under RICO. However, the court vacated and remanded to the 11 th Circuit for consideration in light of Anza (see below).Whitman v. Department of Transportation
Whether the Civil Service Reform Act precludes actions in federal court by federal employees asserting statutory or constitutional violations that could have been raised through collective-bargaining agreement grievance procedures.Anza v. Ideal Steel Supply Corp.
Burden of proof for mail or wire fraud under RICO and the requirement of proof of direct injury for standing to sue under RICO.Garcetti et al. v. Ceballos
Scope of First Amendment protection for comments that a public employee makes in the course of performing regular job duties.Brigham City v. Stuart
Interpretation of “emergency aid exception” to warrant requirements of police home-entry.eBay v. MercExchange
Standards for injunctions in patent cases after a finding of infringement.S.D. Warren Co. v. Maine Bd. of Environmental Protection
Definition of the term discharge under the Clean Water Act.Sereboff v. Mid Atlantic Medical Services
Jurisdiction under section 502(a)(3) of ERISA for a plan fiduciary to commence litigation in federal court to enforce a contractual reimbursement clause.DaimlerChrysler Corp. v. Cuno
Constitutionality of state investment tax credits and the standing of Ohio taxpayers to raise this issue.Holmes v. South Carolina
Constitutionality of state rule governing admissibility of third-party guilt evidence.Marshall v. Marshall
Scope of probate exception to federal jurisdiction.Arkansas Dep't of Human Services v. Ahlborn
Reimbursement of state from personal injury settlement under federal Medicaid law.Hartman v. Moore
“Bivens” actions against law enforcement for retaliatory prosecution.Jones v. Flowers
Due process requirements for notice of tax sale or property forfeiture.Day v. McDonough
Power of a federal district court to dismiss a writ of habeas corpus as untimely.Northern Insurance v. Chatham County
County government's claim for sovereign immunity.Gonzales v. Thomas
Whether family members constitute a "particular social group," within the meaning of the Immigration and Nationality Act's definition of "refugee."Arizona v. California
Entry of consolidated degree concerning federal reserved water rights claim.United States v. Grubbs
Fourth Amendment requirements concerning suppression of evidence.Merrill Lynch, Pierce v. Dabit
Preemption of state law class action claims under Securities Litigation Uniform Standards Act.Georgia v. Randolph
Government search of a residence with the consent of one occupant but over the objection of another occupant.Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
Constitutionality of the “Solomon Amendment,” the federal statute regarding military recruitment on federally-funded campuses.Texaco v. Dagher
Legality under the Sherman Act for economically integrated joint ventures to set selling prices of its products.Scheidler v. National Organization for Women
The legality of blockades of abortion clinics.Illinois Tool Works v. Independent Ink
Burden of proof in a Sherman Act case alleging unlawful tying by conditioning a patent license on the licensee's purchase of a non-patented good.Domino's Pizza, Inc. v. McDonald
Standing under section 1981 of the Civil Rights Act of 1866.Dolan v. Postal Service
Sovereign immunity under the Federal Tort Claims Act.Arbaugh v. Y & H Corp.
Meaning of “employer,” under Title VII of the Civil Rights Act.Oregon v. Guzek
Admissibility of exonerating evidence during the penalty-phase of a capital punishment case.Lance v. Dennis
Federal jurisdiction over voters' action under the Rooker-Feldman Doctrine.Ash v. Tyson Foods, Inc.
Standard of admissibility for evidence of non-discriminatory hiring.Ministry of Defense v. Elahi
Attachment of assets belonging to the Iran 's Ministry of Defense under the Foreign Sovereign Immunities Act of 1976 (FSIA).Buckeye Check Cashing v. Cardegna
Enforcement of an arbitration clause in a contract alleged to be void for illegality.Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal
Federal power to ban religious use of controlled substances.Alaska v. United States
Federal or state ownership of submerged lands.Wisconsin Right to Life v. FEC
Regulation of electioneering communications.Unitherm Food Systems v. Swift-Eckrich
Appellate review of evidence after a civil jury verdict.Central Virginia Community College v. Katz
Congressional authority to abrogate states' sovereign immunity from private suits.Will v. Hallock
Regarding the Federal Tort Claims Act res judicata provision.Rice v. Collins
Race-based use of peremptory challenge to excuse an African-American prospective juror in a criminal trial.Ayotte v. Planned Parenthood of Northern New Eng.
Parental consent requirements for abortion.Gonzales v. Oregon
Assisted suicide and the Controlled Substances Act.Wachovia Bank v. Schmidt
Federal diversity jurisdiction over a national banking association.Brown v. Sanders
Application of the harmless error doctrine in capital punishment cases.Evans v. Chavis
Timeliness of federal habeas corpus petitions.Volvo Trucks v. Reeder-Simco
Liability of product manufacturer for price discrimination between its dealers.United States v. Georgia
Eleventh Amendment immunity of state-run prisons from prisoners' ADA claims.Lockhart v. United States
Power of Federal Government to offset Social Security benefits for collection of outstanding student loan debt.Martin v. Franklin Capital Corp.
Attorney's fees award under 28 U.S.C. 1447 if a state case removed to federal court is remanded back to state court.Wagnon v. Prairie Band Potawatomi Nation
Constitutionality of imposing Kansas ' motor fuel tax on fuel sold at service stations on a Native American reservation.Lincoln Property Co. v. Roche
Burdon of proof in establishing federal jurisdiction based upon diversity of citizenship.Bradshaw v. Richey
The applicability of the doctrine of transferred intent to aggravated felony murder.Maryland v. Blake
Dismissed as "improvidently granted" -- Miranda protections after suspect requested a lawyer.Schaffer v. Weast
Burden of proof standards in administrative hearings under the Individuals with Disabilities Education Act.IBP, Inc. v. Alvarez
Compensable activities under the Fair Labor Standards Act.United States v. Olson
Liability of federal government for failure to carry out safety inspections of mines.Eberhart v. United States
Timeliness of motion to vacate judgment and order a new trial under Federal Rule of Criminal Procedure 33-a.Kane v. Garcia Espitia
Federal habeas jurisdiction over appeal based upon state law regulating defendant's pretrial access to law books.Schriro v. Smith
Federal habeas review of state court mental retardation proceedings in Death Penalty case.Dye v. Hofbauer
Federal court review of habeas petition based upon claim of prosecutorial misconduct.
Doe v. Gonzales
(Justice Ginsburg sitting as a single judge)
Seizure of personal records under the Patriot Act
Weyerhaeuser Co. v. Ross Simmons Hardwood Lumber Co., 411 F.3d 1030 (9 th Cir. 2005)
Application of Sherman Act Section 2 to predatory buying
Full question presentedLedbetter v. Goodyear Tire & Rubber, Co., 421 F.3d 1169 (11 th Cir. 2005)
What formula should be used in Title VII lawsuits to calculate the time for filing a claim of unequal pay when the employer reviews and re-establishes salaries every year
Full question presentedMassachusetts v. EPA, 415 F.3d 50 (D.C. Cir. 2005)
Whether the Environmental Protection Agency has a duty to regulate greenhouse gases as a strategy to deal with global warming
Full question presentedBell Atlantic Corp. v. Twombly, 425 F.3d 99 (2 nd Cir. 2005)
Concerning the standards for pre-trial dismissal of an antitrust lawsuit claiming that competitors took parallel action to stop competition
Full question presentedKSR International Co. v. Teleflex, Inc., 119 Fed.Appx. 282 (Fed. Cir. 2005)
When an invention is an obvious advance, and thus not eligible to be patented
Full question presentedGonzales v. Planned Parenthood, 435 F.3d 1163 (9th Cir. 2006)
Constitutionality of the federal ban on "partial-birth" abortions
Full question presentedWatters v. Wachovia Bank, 431 F.3d 556 (6th Cir. 2005)
Whether federal banking law bars states from regulating the activities of state-chartered subsidiaries of national banks
Full question presentedWallace v. Chicago, 440 F.3d 421 (7th Cir. 2006)
When does a claim for damages for false arrest or other forbidden search and seizure arise – after arrest or only after conviction and appeal
Full question presentedMarrama v. Citizens Bank of Massachusetts [In re Marrama], 445 F.3d 518 (1 st Cir. 2006)
The case addresses the circumstances under which a debtor in bankruptcy can convert from Chapter 7 to Chapter 13 during the proceedings. The First Circuit affirmed the bankruptcy court's ruling, holding that the right to convert is not absolute. Petitioner Marrama argues that the language of the bankruptcy laws makes the right of the debtor to convert absolute
Full question presentedJames v. United States, 430 F.3d 1150 (11 th Cir. 2005)
The case raises the issue whether state convictions for attempted burglary as defined under Florida law qualify as a violent felony for purposes of mandatory sentences under the federal Armed Career Criminal Act
Full question presentedParents Involved in Cmty. Schools v. Seattle School District No. 1, 426 F.3d 1162 (9 th Cir. 2005)
Meredith v. Jefferson City Board of Education, 416 F.3d 513 (6 th Cir. 2005)
[to be argued in tandem]
Use of race in student assignments in K-12 education in two urban school districts (Seattle and Louisville, KY)
Full question presented (Parents)
Full question presented (Meredith)Burton v. Waddington , 142 Fed.Appx. 297 (9 th Cir. 2005)
Whether the Court's ruling in Blakely v. Washington, a ruling limiting criminal sentences when facts have been found by a judge and not the jury, operates retroactively
Full question presentedPhilip Morris USA v. Williams, Mayola, 127 P.3d 1165 (Or. 2006)
Amount of punitive damages a jury may award for corporate wrongdoing
Full question presentedOsborn v. Haley, 422 F.3d 359 (6 th Cir. 2005)
The authorization under the Westfall Act for the Attorney General to certify whether the federal employee was acting in the scope of employment at the time of an incident which is the basis of a civil action; the ability of district court to remand to state court an action under said Act
Full question presentedWhorton v. Bockting, 399 F.3d 1010 (9 th Cir. 2005)
Retroactive application of Supreme Court decision in Crawford v Washington regarding the admissibility of testimonial hearsay evidence
Full question presentedNorfolk Southern Railway v. Sorrell, 170 S.W.3d 35 (2005)
Whether the causation standard for employee contributory negligence under the Federal Employers Liability Act differs from the causation standard for railroad negligence; the comparative negligence standards of FELA
Full question presentedEnvironmental Defense v. Duke Energy, 411 F.3d 539 (4 th Cir. 2005)
Whether regulatory definitions under certain EPA programs violate the Clean Air Act; and procedure for challenging Clean Air Act regulations
Full question presentedOrnaski v. Belmontes, 414 F.3d 1094 (9th Cir. 2005)
Constitutionality of California's capital punishment "catch-all" jury instruction which directs juries to consider "any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime."
Full question presentedBP American Production v. Watson, 410 F.3d 722 (D.C. Cir. 2005)
Application of six-year time limit for filing lawsuits seeking to recover money to agency enforcement actions
Full question presentedCarey v. Musladin, 427 F.3d 653 (9 th Cir. 2005)
Prejudicial effect of family members' wearing of buttons depicting the murder victim during trial of the accused
Full question presentedUnited States v. Resendiz-Ponce, 425 F.3d 729 (9 th Cir. 2005)
Whether the omission of an element of a criminal offense from a federal indictment constitutes "harmless error”
Full question presentedLawrence v. Florida, 421 F.3d 1221 (11 th Cir. 2005)
Effect of pending post-conviction petition for review on the filing period for habeas challenge
Full question presentedJones v. Bock, 135 Fed.Appx. 837 (6th Cir. 2005)
Williams v. Overton, 136 Fed.Appx. 859 (6th Cir. 2005)
[Consolidated]
Extent of requirement under Prison Litigation Reform Act of 1995 that prison inmates must exhaust challenges administratively before bringing a federal civil rights lawsuit protesting prison conditions
Full question presented (Jones)
Full question presented (Williams)Gonzales v. Carhart, 413 F.3d 791 (8 th Cir. 2005)
Constitutionality of federal ban on so-called "partial-birth" abortions
Full question presentedMedimmune v. Genentech, 427 F.3d 958 (Fed. Cir. 2005)
Whether the holder of a patent license must breach that agreement as a prerequisite to challenging the patent's validity
Full question presentedGlobal Crossing v. Metrophones, 423 F.3d 1056 (9 th Cir. 2005)
Permissibility of private action against long-distance carrier under the Communications Act
Full question presentedCunningham v. California, 2005 WL 880983 (unpublished)
Validity of California 's determinate sentencing law, which allows imposition of an enhanced sentence based on fact findings by the bench
Full question presentedUnited States v. Dixon, 413 F.3d 520 (2005)
Burden of proof to establish duress or coercion as a defense to a criminal charge
Full question presentedArlington School District v. Murphy, 402 F.3d 332 (2nd Cir. 2005)
Reimbursement of expert witness fees in cases under the Individuals with Disabilities Education Act
Full question presentedEmpire Healthchoice Assurance v. McVeigh, 396 F.3d 136 (2nd Cir. 2005)
Federal jurisdiction over disputes about government contract terms formed pursuant to the Federal Employees Health Benefits Act
Full question presentedUnited States v. Gonzalez-Lopez, 399 F.3d 924 (8th Cir. 2005)
Sixth Amendment right to assistance of counsel during a criminal prosecution
Full question presentedKircher v. Putnam Funds Trust, 403 F.3d 478 (7th Cir. 2005)
Review of order to remand case removed to federal court under the Securities Litigation Uniform Standards Act of 1998
Full question presentedBrigham City v. Stuart, 122 P.3d 206 (Utah 2005)
Interpretation of “emergency aid exception” to warrant requirements of police home-entry
Full question presentedZedner v. United States, 401 F.3d 36 (2nd Cir. 2005)
Legitimacy of waiver of defendant's right to a speedy trial and whether violation of defendant's right under the Speedy Trial Act is subject to harmless-error analysis
Full question presentedLeague of United Latin v. Perry, no reported lower court decision
Travis County v. Perry, no reported lower court decision
Jackson v. Perry, no reported lower court decision
GI Forum of Texas v. Perry, no reported lower court decision
[Probable jurisdiction is noted and the cases are consolidated]
Validity of the 2003 Texas congressional redistricting plan
Full question presented (League)
Full question presented (Travis)
Full question presented (Jackson)
Full question presented (GI)Mohawk Industries v. Williams, 411 F.3d 1252
RICO case involving an employer accused of depriving its employees of wages by hiring low-paid illegal aliens
Full question presentedBurlington Northern v. White, 364 F.3d 789 (6 th Cir. 2004)
Burden of proof on employee to show retaliatory discrimination
Full question presentedClark v. Arizona, unpublished ( Ct. App. Ariz.)
Constitutional right to use evidence of mental defect as a defense that the defendant did not know the nature and quality of the crime and as a rebuttal to evidence of intent
Full question presentedAnza v. Ideal Steel Supply Corp., 373 F.3d 251 (2 nd Cir. 2004)
Burden of proof for mail or wire fraud under RICO
Full question presentedSereboff v. Mid Atlantic Medical Services, 407 F.3d 212 (4 th Cir. 2005)
Jurisdiction under section 502(a)(3) of ERISA for a plan fiduciary to commence litigation in federal court to enforce a contractual reimbursement clause
Full question presentedeBay v. MercExchange, 401 F.3d 1323 (Fed. Cir. 2005)
Standards for injunctions in patent cases after a finding of infringement
Full question presentedBeard v. Banks, 399 F.3d 134 (3rd Cir. 2005)
Constitutionality, under the First Amendment, of rule restricting dangerous inmate's access to newspapers, magazines and photos
Full question presentedWoodford v. Ngo, 403 F.3d 620 (9th Cir. 2005)
Scope of Prison Litigation Reform Act's requirement that an inmate seek administrative remedies before filing suit
Full question presentedSanchez-Llamas v. Oregon, 108 P.3d 573 (Or. 2005)
Bustillo v. Johnson, [unpublished]
[Consolidated]
U.S. state courts' ability to refuse to hear claims by foreign nationals regarding violations of the Vienna Convention on Consular Relations; and U.S. detainee rights under the Vienna Convention
Full question presented (Sanchez-Llamas)
Full question presented (Bustillo)Howard Delivery Service v. Zurich American Insurance Co., 403 F.3d 228 (4th Cir. 2005)
Bankruptcy debt status of a claim for unpaid premiums due on a workmen's compensation liability insurance policy
Full question presentedHamdan v. Rumsfeld, 415 F.3d 33 (D.C. Cir. 2005)
Constitutionality of the U.S. special military tribunals created to hear war crimes charges against foreign-national terrorist suspects
Full question presentedLaboratory Corp. of America v. Metabolite Laboratories, 370 F.3d 1354 (Fed. Cir. 2004)
Legal standard for issuing a patent for a medical process
Full question presentedFernandez-Vargas v. Gonzales, 394 F.3d 881 (10th Cir. 2005)
Effect of 1996 amendments to U.S. immigration law on aliens who reentered the U.S. before the effective date the amendments (April 1, 1997)
Full question presentedDavis v. Washington, 111 P.3d 844 (Wash. 2005)
Hammon v. Indiana, 829 N.E.2d 444 (Ind. 2005)
[To be heard in tandem]
Admissibility of crime victims' statements shortly after a crime has been committed
Full question presented (Davis)
Full question presented (Hammon)Washington v. Recuenco, 110 P.3d 188 (Wash. 2005)
Treatment under the harmless error doctrine of an error in jury instructions regarding the definition of a sentencing enhancement
Full question presentedRapanos v. United States , 376 F.3d 629 (6th Cir. 2004)
Carabell v. U.S. Army Corps of Engineers, 391 F.3d 704 (6th Cir. 2004)
[Consolidated]
Federal regulation of wetlands under the Clean Water Act
Full question presentedS.D. Warren Co. v. Maine Bd. of Environmental Protection, 868 A.2d 210 (Me. 2005)
Definition of the term discharge under the Clean Water Act
Full question presentedZurich Ins. Co. v. Chatham County , GA , 129 Fed.Appx. 602 (11th Cir. 2005)
County government's claim for sovereign immunity
Full question presentedDay v. Crosby, 391 F.3d 1192 (11th Cir. 2004)
Power of a federal district court to dismiss a writ of habeas corpus as untimely
Full question presentedHolmes v. South Carolina, 605 S.E.2d 19 (S.C. 2004)
Constitutionality of state rule governing admissibility of third-party guilt evidence
Full question presentedMerrill Lynch, Pierce v. Dabit, 395 F.3d 25 (2nd Cir. 2005)
Preemption of state law class action claims under Securities Litigation Uniform Standards Act
Full question presentedWisconsin Right To Life, Inc. v. FEC, Unpublished decision (D. D.C. 2005)
Regulation of electioneering communications
Full question presentedUnited States v. Grubbs, 377 F.3d 1072 (9th Cir. 2004)
Fourth Amendment requirements concerning suppression of evidence
Full question presentedJones v. Flowers, 2004 WL 2609800 (Ark 2004)
Due process requirements for notice of tax sale or property forfeiture
Full question presentedArkansas Dep't of Human Services v. Ahlborn, 397 F.3d 620 (8th Cir. 2005)
Reimbursement of state from personal injury settlement under federal Medicaid law
Full question presentedRandall v. Sorrell, 382 F.3d 91 (2nd Cir. 2004)
Constitutionality of state's spending limits for legislative races
Full question presentedVermont Republican State Committee v. Sorrell, 382 F.3d 91 (2nd Cir. 2004)
Sorrell v. Randall, 382 F.3d 91 (2nd Cir. 2004)
Randall v. Sorrell, 382 F.3d 91 (2nd Cir. 2004)
[Consolidated]
Constitutionality of state's campaign spending limits
Full question presentedMarshall v. Marshall, 392 F.3d 1118 (9th Cir. 2004)
Scope of probate exception to federal jurisdiction
Full question presentedDaimlerChrysler Corp. v. Cuno, 386 F.3d 738 (6th Cir. 2004)
Willkins v. Cuno, 386 F.3d 738 (6th Cir. 2004)
[Consolidated]
Constitutionality of state investment tax credits and the standing of Ohio taxpayers to raise this issue.
Full question presentedSamson v. California, 2004 WL 2307111 (Cal. Ct. App. 2004)
Constitutionality of warrantless search of person on parole
Full question presented
The cases are listed in reverse chronological order by date that the petition was granted:
Hill v. McDonough, 2006 WL 959476
Whether challenges to lethal injection chemicals fall under habeas petitions and 42 U.S.C. § 1983 actions
Full question presentedScheidler v. NOW and Operation Rescue v. NOW, 91 Fed.Appx. 510 (7th Cir. 2004)
[Consolidated appeals]
The legality of blockades of abortion clinics
Full question presentedAyotte v. Planned Parenthood of Northern New England, 390 F.3d 53 (1st Cir. 2004)
Parental consent requirements for abortion
Full question presentedWachovia Bank v. Schmidt, 388 F.3d 414 (4th Cir. 2004)
Federal diversity jurisdiction over a national banking association
Full question presentedIllinois Tool Works v. Independent Ink, 396 F.3d 1342 (Fed. Cir. 2005)
Burden of proof in a Sherman Act case alleging unlawful tying by conditioning a patent license on the licensee's purchase of a non-patented good
Full question presentedBuckeye Check Cashing, Inc. v. Cardegna, unpublished
Enforcement of an arbitration clause in a contract alleged to be void for illegality
Full question presentedHouse v. Bell, 386 F.3d 668 (6th Cir. 2004)
Timeliness of appeal based upon new DNA evidence
Full question presentedRice v. Collins, 365 F.3d 667 (9th Cir., 2004)
Race-based use of peremptory challenge to excuse an African-American prospective juror in a criminal trial
Full question presentedBank of China v. NBM, 89 Fed.Appx. 751(2nd Cir. 2004)
Predicate requirements to establish a civil RICO case
Full question presentedWhitman v. Dep't Transp., 382 F.3d 938 (9th Cir. 2004)
Whether the Civil Service Reform Act precludes actions in federal court by federal employees asserting statutory or constitutional violations
Full question presentedHudson v. Michigan, 2004 WL 1366947 (Mich.App. Jun 17, 2004)
Suppression of evidence seized pursuant to the “inevitable discovery” doctrine but after a violation of the “knock and announce” rule of the Fourth Amendment
Full question presentedHartman v. Moore, 388 F.3d 871 (D.C.Cir., 2004)
“Bivens” actions against law enforcement for retaliatory prosecution
Full question presentedTexaco v. Dagher, 369 F.3d 1108 (9th Cir. 2004)
Legality under the Sherman Act for economically integrated joint ventures to set selling prices of its products
Full question presentedWill v. Hallock, 387 F.3d 147 (2nd Cir. 2004)
Regarding the Federal Tort Claims Act res judicata provision
Full question presentedKansas v. Marsh, 102 P.3d 445 (Kan. 2004)
Standard of evidence in capital sentencing cases
Full question presentedArbaugh v. Y & H Corp., 380 F.3d 219 (5th Circ. 2004)
Meaning of “employer,” under Title VII of the Civil Rights Act
Full question presentedUnited States v. Georgia, 120 Fed.Appx. 785 (11th Cir. 2004)
Goodman v. Georgia, unpublished
[Consolidated]
Eleventh Amendment immunity of state-run prisons from prisoners' ADA claims
Full question presentedRumsfeld v. Forum for Academic and Institutional Rights, et al., 390 F.3d 219 (3rd Cir. 2004)
Constitutionality of the “Solomon Amendment,” the federal statute regarding military recruitment on federally-funded campuses
Full question presentedLaMarque v. Chavis, 382 F.3d 921, (9th Cir 2004)
Timeliness of federal habeas corpus petitions
Full question presentedDomino's Pizza, Inc. v. McDonald, 107 Fed.Appx. 18, 2004 WL 1380296 (9th Cir 2004)
Standing under section 1981of the Civil Rights Act of 1866
Full question presentedDolan v. U.S. Postal Service, 377 F3d 285 (3rd Cir. 2004)
Sovereign immunity under the Federal Tort Claims Act.
Full question presentedLockhart v. United States, 376 F.3d 1027 (9th Cir. 2004)
Collection of student loan debt under the Higher Education Act
Full question presentedOregon v. Guzek, 336 Or. 424, 86 P.3d 1106 (Or. 2004)
Admissibility of exonerating evidence during the penalty-phase of a capital punishment case
Full question presentedMartin v. Franklin Capital Corp., 393 F.3d 1143 (10th Cir. 2004)
Legal standard to award fees and expenses in a consumer class action lawsuit remanded to state court after being removed to federal court.
Full question presentedGonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, 389 F.3d 973 (10th Circ, 2004)
Federal power to ban religious use of controlled substances
Full question presentedGeorgia v. Randolph, 604 S.E. 835 (Ga, 2004)
Government search of a residence with the consent of one occupant but over the objection of ano ther occupant
Full question presentedMaryland v. Blake, 849 A.2d 410 (Md. 2004)
Government's duty to honor custodial suspect's request to talk to a lawyer
Full question presentedCentral Virginia Comm. College V. Katz, 106 Fed.Appx. 341 (6th Circ 2004)
Congressional authority to abrogate states' sovereign immunity
Full question presentedBrown v . Sanders, 373 F.3d 1054 (9th Cir. 2004)
Application of the harmless error doctrine in capital punishment cases
Full question presentedUnited State v. Olson, 362 F.3d 1236 (9th Cir. 2004)
Liability of federal government for failure to carry out safety inspections of mines
Full question presentedVolvo Trucks North America v. Reeder-Simco GMC, 374 F.3d 701 (8th Cir 2004)
Unfair price discrimination
Full question presentedGarcetti v. Ceballos, 361 F.3d 1168 (9th Cir. 2004)
First amendment protection for speech of government employees
Full question presentedRichards v. Prairie Band Potawatomi Nation, 379 F.3d 979 (10th Cir. 2004)
Tax immunity for distributors of fuel sold by Native American tribes
Full question presentedLincoln Property Co. v. Roche, 373 F.3d 610 (4th Cir. 2004)
Federal diversity jurisdiction
Full question presentedUnitherm Food Systems v. Swift-Eckrich, 375 F.3d 1341 (Fed. Cir. 2004)
Appellate review of evidence after a civil jury verdict
Full question presentedTum v. Barber Foods, Inc, 360 F.3d 184 (1st Cir. 2004)
IBP, Inc. v. Alvarez, 339 F.3d 894 (9th Cir. 2003)
[Consolidated]
Compensable activities under the Fair Labor Standards Act
Full questions presented:
Full question presented
Full question presentedSchaffer v. Weast, 377 F.3d 449 (4th Cir. 2004)
Burden of proof standards in administrative hearings under the Individuals with Disabilities Education Act
Full question presentedGonzalez v. Oregon, 368 F.3d 1118 (9th Cir. 2004)
Assisted suicide and the Controlled Substances Act
Full question presented