Issue: Whether the proceedings below, in particular the imposition of retroactive liability despite an express statutory proviso that any legal obligation would not arise until the promulgation of regulations that provided the mechanism for compliance, violate the petitioner's constitutional right not to be deprived of property without due process of law.
Proceedings and Orders
Jul 23 2012
Application (12A84) to extend the time to file a petition for a writ of certiorari from August 9, 2012 to October 8, 2012, submitted to Justice Breyer.
Jul 24 2012
Application (12A84) granted by Justice Breyer extending the time to file until October 8, 2012.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
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Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.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.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.