Merits Case Pages and Archives
The court issued additional orders on Tuesday from the January 13 conference. It called for the views of the solicitor general in two related cases. On Wednesday the court released its opinion in Lightfoot v. Cendant Mortgage Corporation. The court also heard oral arguments on Tuesday and Wednesday. The calendar for the January sitting is available on the court's website. On Thursday the justices met for their January 19 conference; that afternoon the court granted certiorari in two cases.
- Gloucester County School Board v. G.G.
(1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (2) whether, with or without deference to the agency, the Department of Education's specific interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.
- Bank of America Corp. v. City of Miami
(1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
- Moore v. Texas
(1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
- Pena-Rodriguez v. Colorado
Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
- Murr v. Wisconsin
Whether, in a regulatory taking case, the “parcel as a whole” concept as described in Penn Central Transportation Company v. City of New York, establishes a rule that two legally distinct but commonly owned contiguous parcels must be combined for takings analysis purposes.
- Trinity Lutheran Church of Columbia, Inc. v. Pauley
Whether the exclusion of churches from an otherwise neutral and secular aid program violates the Free Exercise and Equal Protection Clauses when the state has no valid Establishment Clause concern.
- Gloucester County School Board v. G.G.
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- Kaley v. United States (1) Whether, where an acquitted defendant contested multiple elements of the offense, was acquitted by a general verdict, and can demonstrate that the evidence of a particular element was constitutionally insufficient, the Double Jeopardy Clause collaterally estops the government from prosecuting the defendant for another offense that also requires proof of that particular element; and (2) where an acquitted defendant contested multiple elements of the offense, what burden of proof must he shoulder to establish that a particular element was “necessarily decided” in his favor for purposes of collateral estoppel.
- Denault v. United States (1) Whether the government fails to satisfy the “money or property” requirement of wire fraud, 18 U.S.C. § 1343, when a misrepresentation deprives the purported victim of information about a potential economic benefit, but the purported victim has no contractual right or other legal entitlement to that benefit; and (2) whether the court of appeals must actually determine, and not merely presume, that a sentencing court has discharged its duty under 18 U.S.C. § 3553 and Rita v. United States to state its reasons for imposing a particular sentence after having considered the defendant's arguments and the statutory factors.
Conference of January 19, 2017
Recent Special Features
- Profiling potential nominees to succeed Justice Scalia
- The Court after Scalia
- Symposium before the oral argument in Lee v. Tam
- Symposium before the oral arguments in Trinity Lutheran Church of Columbia, Inc. v. Pauley
- Symposium on the Court's ruling in McDonnell v. United States
- Symposium on the Court's ruling in Whole Woman's Health v. Hellerstedt
- Symposium on the Court's ruling in United States v. Texas
- Symposium on the Court's ruling in Fisher II
- Symposium on the Court's ruling in Zubik v Burwell
Cases argued 34 Cases decided 8 Summary reversals 2 Merits Cases Set for Argument 55
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On December 1, Justice Stephen Breyer spoke with U.S. Chief Technology Officer Megan Smith at an evening salon hosted by the Institute for Education.
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