In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
The California Table Grape Comm’n v. Delano Farms Co.
Petition for certiorari denied on November 26, 2012
Issue: Whether the waiver of sovereign immunity in the Administrative Procedure Act, 5 U.S.C. § 702, applies to a claim that does not challenge the legality of “agency action” or “final agency action” within the meaning of the Administrative Procedure Act -- or even any government action or inaction of any kind -- but instead challenges the validity of government-owned property based solely on actions by private parties.