The Court relisted two new cases Monday, and most of last week's relists are back for another trip to the Conference (all but Schering Corp v. Kuzinski (No. 10-459) and Novartis Pharmaceuticals Corp. v. Lopes (No. 10-460); the Court denied cert. in both today without comment).  Also, Maples v. Allen (No. 10-63), which has been relisted intermittently a few times, has been relisted once again, as the Court considers what action it should take in the case in light of last week's decision in Walker v. Martin (No. 09-996).

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: Maples v. Allen (relisted after 9/27/10, 1/14/11, and 2/25/11 Conferences)
Docket: 10-63
Issue(s): (1) Whether the Eleventh Circuit properly held that the purported state procedural default rule is "adequate" as a matter of federal law to bar federal habeas review of serious constitutional claims; and (2) whether the Eleventh Circuit properly held that there was no "cause" to excuse any procedural default where petitioner was blameless for the default, the state’s own conduct contributed to the default, and petitioner’s attorneys of record were no longer functioning as his agents at the time of any default.

Certiorari stage documents:

§  Opinion below (11th Cir.)

§  Petition for certiorari

§  Brief in opposition

§  Amicus brief of Alabama Appellate Court Justices et al.

§  Amicus brief of the Alabama Criminal Defense Lawyers Association

§  Amicus brief of the National Association of Criminal Defense Lawyers

§  Amicus brief of the Constitution Project

§  Petitioner’s reply


Title: Burris v. Judge (relisted after 2/18 and 2/25 Conferences)
Docket: 10-367

Issue(s): Whether the Seventh Circuit erred in upholding an injunction that limited the candidates at a special election who could be placed on the ballot to temporarily fill Barack Obama's old Senate seat to candidates already on the ballot for the upcoming election for a full six-year term (thus effectively preventing appointed Senator Roland Burris from participating in the special election).

Certiorari stage documents:

§  Opinion below (7th Cir.)

§  Petition for certiorari

§  Brief in opposition


Title: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (relisted after 2/25 Conference)
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.)

§  Petition for certiorari

§  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: Golan v. Holder
Docket: 10-545
Issue(s): (1) Does the Progress Clause of the United States Constitution, Article I, § 8, cl. 8, prohibit Congress from taking works out of the public domain? (2) Does Section 514 of the Uruguay Round Agreements Act violate the First Amendment of the United States Constitution?

Certiorari stage documents:


Title: S&M Brands, Inc. v. Caldwell (relisted after 2/25 Conference)
Docket: 10-622
Issue(s): (1) Whether a binding agreement among multiple states and private companies is immunized from antitrust scrutiny under the state-action immunity doctrine of Parker v. Brown (1943); and (2) whether a binding agreement among multiple states, with both intra- and interstate effects, violates the Compact Clause, Article I, § 10, cl. 3 of the United States Constitution, in the absence of congressional approval.

Certiorari stage documents:

§  Opinion below (5th Circuit)

§  Petition for certiorari

§  Brief in opposition

§  Amicus brief of Freedom Holdings et al.

§  Reply brief for the petitioners

§ Amicus brief of the Constitutional Law Scholars in support of the petitioners

§ Amicus brief of Antitrust Law Professors in support of the petitioners


 

Title: Wine Country Gift Baskets.com v. Steen (relisted after 2/18 and 2/25 Conferences)
Docket: 10-671
Issue(s): Whether the Twenty-first Amendment overrides the Commerce Clause and allows States to discriminate against out-of-state businesses in the sale of alcoholic beverages.

Certiorari stage documents:

§  Opinion below (5th Cir.)

§  Petition for certiorari

§  Brief in opposition of Glazer's Wholesale Drug Co. and Republic Beverage Co.

§  Petitioners’ reply

§  Amicus brief of Economists et al.

§  Amicus brief of the Specialty Wine Retailers of America


Title: Felkner v. Jackson (relisted after 2/18 and 2/25 Conferences)
Docket: 10-797
Issue(s): Whether a ruling by the court of appeals on habeas, reversing a district court’s decision and finding a state prosecutor’s proffered race-neutral bases for peremptorily striking two out of three African-American jurors insufficient, satisfies the restrictions on habeas corpus relief imposed by Congress in 28 U.S.C. § 2254(d)?

Certiorari stage documents:

§  Opinion below (9th Circuit)

§  Petition for certiorari

§  Brief in opposition

§  Petitioner’s reply


Title: Quinn v. Judge (relisted after 2/18 and 2/25 Conferences)
Docket: 10-821
Issue(s): Whether, contrary to the longstanding practice and the laws of many States, the Seventeenth Amendment requires a special election to fill a vacant Senate seat “every time that a vacancy happens in the state’s senate delegation”-as the decision below holds-even where the vacated term will expire in the normal course following the next, biennial Congressional election.

Certiorari stage documents:

§  Opinion below (7th Cir.)

§  Petition for certiorari

§  Brief in opposition

§  Amicus brief of Louisiana et al.

§  Petitioner’s reply

Posted in Cases in the Pipeline

Recommended Citation: John Elwood, Relist watch, SCOTUSblog (Mar. 1, 2011, 4:34 PM), http://www.scotusblog.com/2011/03/relist-watch-2/