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Ben Cheng Petitions to Watch

Posted Tue, September 18th, 2012 12:49 am

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Petition of the day

Posted Tue, September 18th, 2012 12:49 am by Ben Cheng

The petition of the day is:

Windsor v. United States

Docket: 12-63
Issue(s): Whether Section 3 of the Defense of Marriage Act, 1 U.S.C. § 7, which defines the term “marriage” for all purposes under federal law as “only a legal union between one man and one woman as husband and wife,” deprives same-sex couples who are lawfully married under the laws of their states (such as New York) of the equal protection of the laws, as guaranteed by the Fifth Amendment to the Constitution of the United States.

Certiorari stage documents:

Posted in Windsor v. U.S., Cases in the Pipeline

Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Sep. 18, 2012, 12:49 AM), http://www.scotusblog.com/2012/09/petition-of-the-day-336/

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On Monday the Supreme Court released orders from the June 14 conference and opinions in argued cases.
The justices granted certiorari in five cases: Sturgeon v. Frost, Garza v. Idaho, Lorenzo v. SEC, Timbs v. Indiana and Apple v. Pepper.
The justices released their decisions in Rosales-Mireles v. United States, Chavez-Meza v. United States, Lozman v. Riviera Beach, Gill v. Whitford and Benisek v. Lamone.
On Thursday, there is a possibility of opinions at 10 a.m. The justices will meet for their June 21 conference; our list of “petitions to watch” for that conference will be available soon.
Major Cases
- Trump v. Hawaii
  (1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution.
- South Dakota v. Wayfair, Inc.
  Whether the Supreme Court should abrogate Quill Corp. v. North Dakota's sales-tax-only, physical-presence requirement.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31
  Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment.
- Gill v. Whitford
  Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
- Carpenter v. United States
  Whether the warrantless seizure and search of historical cellphone records revealing the location and movements of a cellphone user over the course of 127 days is permitted by the Fourth Amendment.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
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Recent Decisions
- Benisek v. Lamone Because the balance of equities and the public interest tilt against the preliminary injunction motion of plaintiffs claiming that a Maryland congressional district was gerrymandered to retaliate against them for their political views, the district court did not abuse its discretion in denying the motion.
- Chavez-Meza v. United States Because the record in this case demonstrates that the judge had a reasoned basis for his decision, the judge’s explanation for reducing, under 18 U. S. C. §3582(c)(2), Adaucto Chavez-Meza’s sentence to the middle rather than the bottom of the amended Federal Guidelines range was adequate.
- Gill v. Whitford Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
- Lozman v. City of Riviera Beach, Florida The existence of probable cause for Fane Lozman’s arrest for disrupting a city council meeting does not bar his First Amendment retaliatory arrest claim under the circumstances of this case.
- Rosales-Mireles v. United States A miscalculation of a Federal Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Federal Rule of Criminal Procedure 52(b) to vacate the defendant’s sentence in the ordinary case.
see all this term’s cases »
Current Relists
- Arlene's Flowers Inc. v. Washington (1) Whether the creation and sale of custom floral arrangements to celebrate a wedding ceremony is artistic expression, and, if so, whether compelling their creation violates the free speech clause; and (2) whether the compelled creation and sale of custom floral arrangements to celebrate a wedding and attendance of that wedding against one's religious beliefs violates the free exercise clause.
- Bearcomesout v. United States Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. S. Constitution.
- Biestek v. Berryhill Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s request to provide the underlying data on which that testimony is premised.
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