This edition of “Petitions to watch” features cases up for consideration at the Justices' April 29 conference.  These are petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.

Siefert v. Alexander

Docket: 10-405
Issue(s): (1) Whether restrictions on judicial campaign speech are uniformly subject to strict scrutiny under the First and Fourteenth Amendments to the United States Constitution, which should be applied here; (2) whether the prohibition on judicial candidates soliciting funds for their own campaign is unconstitutional under the First and Fourteenth Amendments to the United States Constitution; (3) whether the prohibition on judicial candidates soliciting funds for their own campaign is unconstitutional as applied to personal phone calls, signing fundraising letters, and personally inviting potential donors to fundraisers, in violation of the First And Fourteenth Amendments to the United States Constitution; (4) whether the prohibition on judicial candidates endorsing other candidates for public office is unconstitutional under the First and Fourteenth Amendments to the United States Constitution; and (5) whether the prohibition on judicial candidates endorsing other candidates for public office is unconstitutional as applied to endorsing Presidential candidates, in violation of the First and Fourteenth Amendments to the United States Constitution.

Certiorari stage documents:

CompuCredit v. Greenwood (Granted )

Docket: 10-948
Issue(s): Whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement.

Certiorari stage documents:

Alaska Airlines, Inc. v. Eid

Docket: 10-962
Issue(s): Whether the Tokyo Convention requires deference to be given to the aircraft captain's decision, based on reports received from the cabin crew, to take action in response to passenger conduct that may jeopardize the safety of the aircraft or of persons or property therein or good order and discipline on board.

Certiorari stage documents:

City of Loveland v. Board of Commissioners of Hamilton County

Docket: 10-965
Issue(s): 1) Whether a state law claim raises a substantial federal question such that the action "arises under" federal law when the question involves the application of settled federal law to the specific facts of the state-law case; 2) whether, after a state-court action has commenced, a defendant in that case can file an original declaratory judgment action in federal court seeking preemptive adjudication of the federal defense or counterclaim; 3) whether the potential impact of adjudication of a state-law claim on a federal court consent decree constitutes a federal question sufficient to create federal jurisdiction under 28 U.S.C. § 1331; and 4) whether a non-party is bound by a federal judgment based solely on conduct that induced reliance by parties to that judgment.

Certiorari stage documents:

The following petitions have been re-listed for the conference of April 29.  If any other paid petitions are re-distributed for this conference, we will add them below as soon as their re-distribution is noted on the docket.

Bauer v. Shepard

Docket: 10-425
Issue(s): Whether various canons of the Indiana Code of Judicial Conduct that restrict speech and/or activities of state judges and judicial candidates violate the Constitution.

Certiorari stage documents:

M.B.Z. v. Clinton (Granted )

Docket: 10-699
Issue(s): (1) Whether the political question doctrine deprives a federal court of jurisdiction to enforce a federal statute that explicitly directs the Secretary of State how to record the birthplace of an American citizen on a Consular Report of Birth Abroad and on a passport; and (2) whether Section 214 of the Foreign Relations Authorization Act, Fiscal Year 2003, impermissibly infringes the President's power to recognize foreign sovereigns.

Certiorari stage documents:

Khadr v. Obama

Docket: 10-751
Issue(s): (1) Whether a district court considering a habeas corpus petition may give conclusive effect to the government’s assertion that the individual is unlikely to be tortured if transferred to another country? (2) Whether Section 242(a)(4) of the Immigration and Naturalization Act bars judicial review of claims under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment except in appeals from final orders of deportation, and if so construed, whether Section 242(a)(4) violates the Equal Protection Clause or the Suspension Clause.

Certiorari stage documents:

Bobby v. Mitts

Docket: 10-1000
Issue(s): (1) Whether the State of Ohio offends due process by using the same penalty-phase jury instruction affirmed by this Court in Smith v. Spisak (2010); and (2) whether clearly established federal law extends the holding of Beck v. Alabama (1980) to the penalty phase of a capital trial.

Certiorari stage documents:

 

Posted in Cases in the Pipeline, Featured

Recommended Citation: Christa Culver, Petitions to watch | Conference of 04.29.11, SCOTUSblog (Apr. 27, 2011, 10:25 PM), http://www.scotusblog.com/2011/04/petitions-to-watch-conference-of-04-29-11/