Issue: (1) Whether the United States Court of Appeals for the Third Circuit misinterpreted United States v. Munsingwear, and thus improperly relied on the district court’s factual findings and legal rulings in an earlier case that was vacated as moot while on appeal, even though other courts of appeals have interpreted Munsingwear as rendering a vacated decision a nullity, as if it the case had never been filed, and draining its factual findings of all vitality; (2) whether the United States Court of Appeals for the Third Circuit misconstrued Rule 60(b)(5) of the Federal Rules of Civil Procedure, as this Court has interpreted that rule in Board of Education of Oklahoma City Public Schools v. Dowell and Rufo v. Inmates of Suffolk County Jail by deeming substantial compliance with a consent decree over more than two decades insufficient to justify termination, even though other courts of appeals have held that the defendant’s good faith and substantial compliance with a decree over a long period of time is a ground, standing alone, for terminating the decree; and (3) whether the United States Court of Appeals for the Third Circuit misconstrued Rule 60(b)(5) by affirming the district court’s unilateral expansion of the decree, even though other courts of appeals have held that the rule does not authorize a court to increase the obligations imposed by a decree.
Proceedings and Orders
Jul 13 2012
Application (12A53) to extend the time to file a petition for a writ of certiorari from July 26, 2012 to September 24, 2012, submitted to Justice Alito.
Jul 17 2012
Application (12A53) granted by Justice Alito extending the time to file until September 24, 2012.
On Monday at 9:30 a.m. we expect orders from the March 7 Conference, followed by one or more opinions in argued cases at 10:00 a.m. The live blog will be available here beginning at 9:15. The next Conference is scheduled for March 21. Our list of "Petitions to watch" for that Conference will be available soon.
Upcoming Oral Arguments
Wood v. Moss Secret Service agents’ plea for immunity from lawsuit for actions taken against demonstrators who were opposed to the president’s policies.
Clark v. Rameker Whether an Individual Retirement Account that an individual inherited rather than created personally is exempted from a bankruptcy estate
Catsimatidis v. Irizarry Whether an individual may be held personally liable
for a corporation’s violation of the Fair Labor
Standards Act merely
because the individual had general control over corporate
affairs, but exercised no personal responsibility
over the conduct that caused the violation.
Justice Elena Kagan delivers the 2014 Justice Ruth Bader Ginsburg Lecture on Women and the Law at the New York City Bar Association, where (among other things) she attributes the “gulf between Justice Ginsburg’s career and” hers to the work of Justice Ginsburg herself.
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.