Editor's Note :

Petition of the day

Editor's Note :

Petition of the day

Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated) – Amy Howe

Opinion analysis: Justices approve broad damage recovery for patent-infringing exports – Ronald Mann

Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial – Lissa Griffin

June 2018

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On Monday the Supreme Court will release orders from the June 21 conference at 9:30 a.m. and one or more opinions in argued cases at 10 a.m. We will live-blog at this link, where readers can sign up for an email reminder when the live blog begins.
We're hosting an online symposium on October Term 2017’s separation-of-powers and administrative-law decisions. Contributions are available at this link.

Mary Pat Dwyer Petitions

Posted Tue, May 28th, 2013 8:05 pm

Bio & Post Archive »

Posted Tue, May 28th, 2013 8:05 pm by Mary Pat Dwyer

The petition of the day is:

Scott v. Saint John’s Church in the Wilderness

12-1077

Issue(s): (1) Whether the government may restrict the display of “gruesome” material within political, moral, and religious advocacy in a traditional public forum, in order to protect the sensibilities of children; and (2) whether provisions of an injunction based expressly in part on the supposedly harmful content of defendants’ speech should be subjected to strict scrutiny.

Posted in Scott v. Saint John’s Church in the Wilderness, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (May. 28, 2013, 8:05 PM), http://www.scotusblog.com/2013/05/petition-of-the-day-460/

Featured Posts

Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated) – Amy Howe

Opinion analysis: Justices approve broad damage recovery for patent-infringing exports – Ronald Mann

Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial – Lissa Griffin
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This Week at the Court
This week the Supreme Court released opinions in 13 argued cases from October Term 2017.
On Monday the justices announced 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 the justices announced decisions in Lucia v. Securities and Exchange Commission, South Dakota v. Wayfair Inc., Pereira v. Sessions and Wisconsin Central Ltd. v. United States.
On Friday the justices announced decisions in Carpenter v. United States, Currier v. Virginia, Ortiz v. United States and WesternGeco LLC v. ION Geophysical Corp.
On Monday the Supreme Court also released orders from the June 14 conference. The justices granted certiorari in five cases: Sturgeon v. Frost, Garza v. Idaho, Lorenzo v. SEC, Timbs v. Indiana and Apple v. Pepper.
On Thursday the justices also met for their June 21 conference; our list of “petitions to watch” for that conference is available in this post.
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.
  Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- 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
- Carpenter v. United States
  The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
see all this term’s cases »
Recent Decisions
- Carpenter v. United States The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Currier v. Virginia Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.
- Ortiz v. United States Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.
- WesternGeco LLC v. ION Geophysical Corp. The focus of the Patent Act’s general damages provision, 35 U. S. C. §284, in a case involving infringement under Section 271(f)(2) is on the act of exporting components from the United States; therefore, WesternGeco’s award for lost profits was a permissible domestic application of Section 284, not an impermissible extraterritorial one.
- Lucia v. Securities and Exchange Commission Securities and Exchange Commission administrative law judges are “officers of the United States,” subject to the Constitution’s appointments clause.
- Pereira v. Sessions A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.
- South Dakota v. Wayfair, Inc. Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Wisconsin Central Ltd. v. United States Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act of 1937.
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.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 63

Cases decided 57

Summary reversals 8

Merits cases granted to date 63

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Justice Thomas gives commencement address

On May 12, Justice Clarence Thomas gave the commencement address at Christendom College in Front Royal, Virginia.

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Cases argued	63
Cases decided	57
Summary reversals	8
Merits cases granted to date	63

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