This morning, the Court issued an order list from last week's Conference that included grants of certiorari, denials of certiorari, and an invitation for the Acting Solicitor General to file a brief expressing the views of the United States (CVSG), as well as several “GVR” (grant, vacate, and remand) orders.  Our live-blog coverage of the orders is available here; the full order list is here.

Certiorari was granted this morning in the following cases:

Bond v. United States (Granted )

Docket: 09-1227
Issue(s): Whether a criminal defendant convicted under a federal statute has standing to challenge her conviction on grounds that, as applied to her, the statute is beyond the federal government’s enumerated powers and inconsistent with the Tenth Amendment.

Certiorari stage documents:

The following two cases were consolidated by the Court:

Camreta v. Greene (Granted )

Docket: 09-1454
Issue(s): (1) Whether the traditional warrant/warrant exception requirements that apply to seizures of suspected criminals should apply to an interview of the child in light of reports of child abuse, or whether instead a balancing standard should apply; and (2) whether the Ninth Circuit’s constitutional ruling is reviewable, notwithstanding that it ruled in the petitioner’s favor on qualified immunity grounds.

Certiorari stage documents:

Alford v. Greene (Granted )

Docket: 09-1478
Issue(s): Whether the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually abused.

Certiorari stage documents:

Borough of Duryea v. Guarnieri (Granted )

Docket: 09-1476
Issue(s): Whether state and local government employees may sue their employers for retaliation under the First Amendment’s Petition Clause when they petitioned the government on matters of private concern.

Certiorari stage documents:

DePierre v. United States (Granted )

Docket: 09-1533
Issue(s): Whether the term “cocaine base” encompasses every form of cocaine that is classified chemically as a base, or whether the term “cocaine base” is limited to “crack” cocaine.

Certiorari stage documents:

Global-Tech Appliances, Inc. v. SEB S.A. (Granted )

Docket: 10-6
Issue(s): Whether the legal standard for the "state of mind" element of a claim for actively inducing infringement under 35 U.S.C. § 271(b) is “deliberate indifference of a known risk” that an infringement may occur or instead “purposeful, culpable expression and conduct” to encourage an infringement.

Certiorari stage documents:

The Court also called for the views of the Acting Solicitor General in the following case:

Aquino v. Suiza Dairy

Docket: 10-74
Issue(s): Whether a federal court can order retrospective monetary relief against a sovereign as long as the necessary funds do not come directly from the general treasury.

Certiorari stage documents:

CVSG Information:

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In addition, the Court has granted the Acting Solicitor General’s request to participate in oral argument in the consolidated cases of Arizona Christian School Tuition Organization v. Winn and Garriott v. Winn.  No argument time is allowed for the tuition organizations, and the time will be divided evenly between the state’s lawyer and the Acting Solicitor General.

The Court also scheduled for oral argument in due course the first exception to the first interim report of the Special Master in 137-Original, Montana v. Wyoming.

Lyle will cover today’s denials of certiorari in a later post.

Posted in Cases in the Pipeline, Merits Cases

Recommended Citation: Anna Christensen, Today’s orders from the October 8 Conference, SCOTUSblog (Oct. 12, 2010, 10:39 AM), http://www.scotusblog.com/2010/10/todays-orders-from-the-october-8-conference/