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.
3/30Brumfield v. Cain Whether a defendant in a capital case has a right to an independent court hearing on Whether he suffers from mental incapacity and therefore is not eligible for the death penalty.
3/31Kimble v. Marvel Enterprises, Inc. Whether the Court should overrule Brulotte v. Thys Co., which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se”.
On Monday afternoon Justices Anthony Kennedy and Stephen Breyer testified before the House Appropriations Committee. The purpose of the hearing was to discuss the Court’s budget for the next fiscal year and the federal judiciary, but the legislators also took full advantage of the occasion to touch on other topics as well.
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.
Awarded the Webby Award for excellence on the internet.