Petition of the day

By on Aug 28, 2014 at 10:11 pm

The petition of the day is:

Bonner v. City of Brighton, Michigan
14-63

Issue: (1) Whether certiorari should be granted to resolve the conflicting decisions between the Michigan Supreme Court and other states’ courts as to whether an ordinance violates substantive and procedural due process when it creates a presumption that an unsafe structure shall be demolished as a public nuisance if the cost to repair the structure would exceed its value and when the ordinance does not afford the owner an option to repair as a matter of right; and (2) whether the Brighton code of ordinances § 18-59 is facially unconstitutional, in violation of both substantive and procedural due process, where it creates a presumption that an unsafe structure shall be demolished as a public nuisance if the cost to repair the structure would exceed 100% of the structure’s true cash value as reflected in assessment tax rolls before the structure became unsafe and does not afford the owner of such a structure an option to repair as a matter of right.

The same-sex marriage case that is most familiar to the Supreme Court — from Utah — is close to being ready for the Justices to consider it alone or among other cases for review.  Lawyers for three couples — two who wish to marry, and one seeking official recognition of their existing marriage — on Thursday filed a brief supporting review of the already-filed appeal by Utah state officials.

This is the lawsuit in which the Supreme Court itself on January 6 blocked a federal judge’s ruling in favor of same-sex marriage, to allow time for an appeal.  Since then, the U.S. Court of Appeals for the Tenth Circuit has agreed with that judge, striking down the ban that Utah voters approved by a two-to-one margin ten years ago.

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Thursday round-up

By on Aug 28, 2014 at 7:20 am

Briefly:

  • In The National Law Journal’s Supreme Court Brief (registration or subscription required), Tony Mauro reports on the reorganization of the Supreme Court Clerk’s Office in the wake of the upcoming retirement (effective September 1) of Chief Deputy Clerk Chris Vasil.  (Lyle Denniston also reported on these developments for this blog.) Continue reading »
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In the most specific advice so far on how the Supreme Court could handle the same-sex marriage cases, lawyers for an Oklahoma lesbian couple urged the Justices on Wednesday to consider two options:  a slimmed-down, one-issue, one-case review or a sweeping, all-issues, multiple-cases approach.

That filing also suggested that the Court might want to divide argument between two different constitutional tests for judging the validity of states’ bans on same-sex marriage.  The document was the closest thing the Court has so far seen to a distinct plan for review of the rapidly expanding caseload on the issue.  Up to now, filings have been largely focused on promoting specific petitions as the best candidates for review.

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Petition of the day

By on Aug 27, 2014 at 10:13 pm

The petition of the day is:

Williams-Yulee v. The Florida Bar
13-1499

Issue: Whether a rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment.

Petition of the day

By on Aug 26, 2014 at 10:19 pm

The petition of the day is:

13-1333

Issue: Whether, under the “three strikes” provision of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g), a district court’s dismissal of a lawsuit counts as a “strike” while it is still pending on appeal or before the time for seeking appellate review has passed.

Tuesday round-up

By on Aug 26, 2014 at 7:23 am

Recent coverage related to the Court focuses on the release by the Department of Health and Human Services of new proposed regulations intended to comply with the Court’s June 30 decision in Burwell v. Hobby Lobby, as well as an interim final rule for non-profit religious groups in the wake of the Court’s July 3 order in a case involving Wheaton College.  Lyle Denniston covered the release for this blog; commentary and analysis come from Marty Lederman at Balkinization, Molly Duane at Hamilton and Griffin on Rights, Leland Beck at Federal Regulations Advisor, and Steven Mazie at The Economist’s Democracy in America blog. Continue reading »

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Arguing that “the potential for armed mischief is perhaps greater in the District of Columbia than in any other American city,” the local government in the nation’s capital asked a federal judge on Monday to reconsider a ruling expanding gun rights beyond one’s own home.

The motion, besides seeking to have that ruling overturned, is partly designed to gain time for the city to prepare a possible appeal and to work on writing new local regulations on licensing to carry handguns in public.  The D.C. government was the last in the nation to bar the public carrying of handguns — until the judge struck that ban down in late July.

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Petition of the day

By on Aug 25, 2014 at 10:20 pm

The petition of the day is:

14-19

Issue: Whether a court in a Securities and Exchange Commission civil enforcement action can order defendants to disgorge profits that were not attributable to their violations of the securities laws but were instead earned as a result of an intervening event unrelated to those violations.

Petition of the day

By on Aug 22, 2014 at 10:15 pm

The petition of the day is:

14-1

Issue: (1) Whether due process permits a court to exercise specific personal jurisdiction over non-consenting, out-of-state defendants based on the plaintiffs’ bare allegation that the defendants engaged in a nationwide conspiracy outside the forum that had an intended effect inside the forum (as well as presumably in every other state); and (2) whether due process permits a court to exercise specific personal jurisdiction over non-consenting, out-of-state defendants when the defendants’ limited forum conduct bears no causal relationship to the plaintiffs’ claim.

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