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October Term 2007

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Merits cases (to be) decided during OT 2014
Allison Engine v. US, No. 07-214 [Arg: 02.26.2008Justi Trans.; Decided 06.09.2008]

Baze v. Rees, No. 07-5439 [Arg: 01.07.2008 Trans.; Decided 04.16.2008]

Begay v. US, No. 06-11543 [Arg: 01.15.2008 Trans.; Decided 04.16.2008]

Boulware v. US, No. 06-1509 [Arg: 01.08.2008 Trans.; Decided 03.03.2008]

Boumediene/Al-Odah v. Bush, No. 06-1195 [Arg: 12.05.2007 Trans.; Decided 06.12.2008]

Bridge v. Phoenix Bond & Indemnity, No. 07-210 [Arg: 04.14.2008 Trans.; Decided 06.09.2008]

Holding: Whether plaintiffs who did not rely on but were nonetheless harmed by false statements made to third parties can establish proximate cause in a civil RICO action.
Burgess v. U.S., No. 06-11429 [Arg: 03.24.2008; Decided 04.16.2008]

Holding: 1. Whether the term "felony drug offense" as used in federal statutes requiring imposition of enhanced mandatory minimum 20 years' imprisonment when drug offender has a prior conviction for a felony drug offense must be read in pari materia with federal statutes defining both felony and felony drug offense so as to require imposition of minimum 20-year sentence only if prior drug conviction as both punishable by more than one year in prison and characterized as a felony by controlling law; 2. When the court finds that a criminal statute is ambiguous, must it then turn to the rule of lenity to resolve ambiguity?
CBOCS West v. Humphries, No. 06-1431 [Arg: 02.20.2008 Trans.; Decided 05.27.2008]

Chamber of Commerce v. Brown, No. 06-939 [Arg: 03.19.2008 Trans.; Decided 06.19.2008]

Crawford v. Marion County Election Bd., No. 07-21 [Arg: 01.09.2008 Trans.; Decided 04.28.2008]

CSX v. Ga. State Bd. of Equalization, No. 06-1287 [Arg: 11.05.2007 Trans.; Decided 12.04.2007]

Cuellar v. US, No. 06-1456 [Arg: 02.25.2008 Trans.; Decided 06.02.2008]

Dada v. Mukasey, No. 06-1181 [Arg: 01.07.2008 Trans.; Decided 06.16.2008]

Danforth v. Minnesota, No. 06-8273 [Arg: 10.31.2007 Trans.; Decided 02.20.2008]

Davis v. FEC, No. 07-320 [Arg: 04.22.2008 Trans.; Decided 06.26.2008]

Holding: Whether BCRA’s so-called “Millionaire’s Amendment,” which relaxes campaign finance limits for opponents of congressional candidates spending more than $350,000 of their own money, violates either the First or Fifth Amendments.
Dept. of Revenue of Kentucky v. Davis, No. 06-666 [Arg: 11.05.2007 Trans.; Decided 05.19.2008]

District of Columbia v. Heller, No. 07-290 [Arg: 03.18.2008 Trans.; Decided 06.26.2008]

Engquist v. Oregon Dept. of Agriculture, No. 07-474 [Arg: 04.21.2008 Trans.; Decided 06.09.2008]

Holding: Whether traditional rational basis equal protection analysis, the so-called ‘class of one’ legal theory, applies to public employment decisions.
Exxon v. Baker, No. 07-219 [Arg: 02.27.2008 Trans.; Decided 06.25.2008]

Federal Express v. Holowecki, No. 06-1322 [Arg: 11.06.2007 Trans.; Decided 02.27.2008]

Florida Dept. of Revenue v. Piccadilly Cafeterias, No. 07-312 [Arg: 03.26.2008 Trans.; Decided 06.16.2008]

Holding: Whether a state may tax a court-ordered transfer of property from a chapter 11 bankruptcy estate to a third-party purchaser of the bankrupt party’s assets.
Gall v. US, No. 06-7949 [Arg: 10.02.2007 Trans.; Decided 12.10.2010]

Giles v. California, No. 07-6053 [Arg: 04.22.2008 Trans.; Decided 06.25.2008]

Holding: Whether criminal defendants forfeit their Sixth Amendment Confrontation Clause Claims upon a showing the defendant caused the unavailability of the witness or upon a showing the defendant’s actions were undertaken specifically to prevent the witness from testifying.
Gomez-Perez v. Potter, No. 06-1321 [Arg: 02.19.2008 Trans.; Decided 05.27.2008]

Greenlaw v. U.S., No. 07-330 [Arg: 04.15.2008 Trans.; Decided 06.23.2008]

Holding: Whether a federal circuit court may sua sponte increase a defendant’s sentence in the absence of a cross-appeal by the government.
Hall Street v. Mattel, No. 06-989 [Arg: 11.07.2007 Trans.; Decided 03.25.2008]

Indiana v. Edwards, No. 07-208 [Arg: 03.26.2008 Trans.; Decided 06.19.2008]

Holding: Whether the Sixth Amendment grants a defendant found competent to stand trial the right to represent himself in a criminal proceeding.
Irizarry v. U.S., No. 06-7517 [Arg: 04.15.2008 Trans.; Decided 06.12.2008]

Holding: Whether a judge must give both sides notice in advance of imposing a criminal sentence that departs from the Sentencing Guidelines.
John R. Sand and Gravel v. US, No. 06-1164 [Arg: 11.06.2007 Trans.; Decided 01.08.2008]

Kennedy v. Louisiana, No. 07-343 [Arg: 04.16.2008 Trans.; Decided 06.25.2008]

Kentucky Retirement Systems v. EEOC, No. 06-1037 [Arg: 01.09.2008 Trans.; Decided 06.19.2008]

Kimbrough v. US, No. 06-6330 [Arg: 10.02.2007 Trans.; Decided 12.10.2007]

Klein & Co. Futures v. Bd. of Trade of NYC, No. 06-1265 [Arg: 10.29.2007 Trans.; Decided 12.28.2007]

Knight v. CIR, No. 06-1286 [Arg: 11.27.2007 Trans.; Decided 01.16.2008]

LaRue v. DeWolff, Boberg, No. 06-856 [Arg: 11.26.2007 Trans.; Decided 02.20.2008]

Logan v. US, No. 06-6911 [Arg: 10.30.2007 Trans.; Decided 12.04.2007]

Meacham v. Knolls Atomic Power Laboratory, No. 06-1505 [Arg: 04.23.2008 Trans.; Decided 06.19.2008]

Holding: Whether, under Smith v. City of Jackson (2005), an employee alleging disparate impact under the ADEA has the burden of persuasion in establishing the contested action was based on “reasonable factors other than age.”
Meadwestvaco v. Ill. Dept. of Revenue, No. 06-1413 [Arg: 01.16.2008 Trans.; Decided 04.15.2008]

Medellin v. Texas, No. 06-984 [Arg: 10.10.2007 Trans.; Decided 03.25.2008]

MetLife v. Glenn, No. 06-923 [Arg: 04.23.2008 Trans.; Decided 06.19.2008]

Holding: Whether an ERISA plan administrator that both evaluates and pays claims operates under a conflict of interest that must be weighed on judicial review of benefit determinations.
Morgan Stanley Capital Group, et al. v. Public Utility 1, No. 06-1457 [Arg: 02.19.2008 Trans.; Decided 06.26.2008]

Munaf v. Geren/Geren v. Omar, No. 06-1666 [Arg: 03.25.2008 Trans.; Decided 06.12.2008]

New Jersey v. Delaware, No. 134 Original [Arg: 11.27.2007 Trans.; Decided 03.31.2008]

NY Board of Elections v. Lopez-Torres, No. 06-766 [Arg: 10.03.2007 Trans.; Decided 01.16.2008]

Plains Commerce Bank v. Long Family Land & Cattle, No. 07-411 [Arg: 04.14.2008 Trans.; Decided 06.25.2008]

Holding: Whether Indian tribes’ courts have authority to decide a civil lawsuit that involves business dealings between a company owned by a member of the tribe and a bank that owns land on a reservation, but itself is not owned by a tribal member.
Preston v. Ferrer, No. 06-1463 [Arg: 01.14.2008 Trans.; Decided 02.20.2008]

Quanta v. LG, No. 06-937 [Arg: 01.16.2008 Trans.; Decided 06.09.2008]

Republic of the Philippines v. Pimentel, No. 06-1204 [Arg: 01.17.2008 Trans.; Decided 06.12.2008]

Richlin Security Service v. Chertoff, No. 06-1717 [Arg: 03.19.2008 Trans.; Decided 06.02.2008]

Holding: Whether prevailing parties under the Equal Access to Justice Act should be compensated for the market rate of paralegal services or only for the cost of such services to the attorney.
Riegel v. Medtronic, No. 06-179 [Arg: 12.04.2007 Trans.; Decided 02.20.2008]

Riley v. Kennedy, No. 07-77 [Arg: 03.24.2008 Trans.; Decided 05.27.2008]

Holding: Whether states subject to Voting Rights Act pre-clearance requirements must receive Justice Department approval before implementing decisions of its highest court striking down previously pre-cleared state laws.
Rothgery v. Gillespie County, No. 07-440 [Arg: 03.17.2008 Trans.; Decided 06.23.2008]

Rowe v. NH Motor Transport, No. 06-457 [Arg: 11.28.2007 Trans.; Decided 02.20.2008]

Snyder v. Louisiana, No. 06-10119 [Arg: 12.04.2007 Trans.; Decided 03.19.2008]

Sprint Communications v. APCC Services, No. 07-552 [Arg: 04.21.2008 Trans.; Decided 06.23.2008]

Holding: Whether a plaintiff assigned the right to pursue a legal claim, but which stands to gain no proceeds from the outcome of the litigation, has established standing under Article III.
Sprint/United Management v. Mendelsohn, No. 06-1221 [Arg: 12.03.2007 Trans.; Decided 02.26.2008]

Stoneridge v. Scientific-Atlanta, No. 06-43 [Arg: 10.09.2007 Trans.; Decided 01.15.2008]

Taylor v. Sturgell, No. 07-371 [Arg: 04.16.2008 Trans.; Decided 06.12.2008]

Holding: Whether a FOIA request may be barred by res judicata on grounds the petitioner was “virtually represented” by a close associate who previously sought disclosure of the same documents.
US v. Clintwood Elkhorn Mining Company, No. 07-308 [Arg: 03.24.2008; Decided 04.15.2008]

Holding: Whether a coal company that did not meet the Tucker Act statute of limitations may seek a tax refund (with interest) directly under the Export Clause of the Constitution.
US v. Ressam, No. 07-455 [Arg: 03.25.2008 Trans.; Decided 05.19.2008]

Holding: Whether 18 U.S.C. 1844(h)(2), which mandates 10 years in prison for carrying an explosive during the commission of a felony, requires the explosives to be carried “in relation to” the underlying felony.
US v. Rodriquez, No. 06-1646 [Arg: 01.15.2008 Trans.; Decided 05.19.2008]

US v. Santos, No. 06-1005 [Arg: 10.03.2007 Trans.; Decided 06.02.2008]

US v. Williams, No. 06-694 [Arg: 10.30.2007 Trans.; Decided 05.19.2008]

Virginia v. Moore, No. 06-1082 [Arg: 01.14.2008 Trans.; Decided 04.23.2008]

Warner-Lambert v. Kent, No. 06-1498 [Arg: 02.25.2008 Trans.; Decided 03.03.2008]

Watson v. US, No. 06-571 [Arg: 10.09.2007 Trans.; Decided 12.10.2007]

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    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.

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