Petition of the day

Petition of the dayThe petition of the day is: United States v. Sanchez-Gomez 17-312 Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in asserting authority to review respondents’ interlocutory challenge to pretrial physical restraints and in ruling on that challenge notwithstanding its recognition that respondents’ individual claims were moot; and (2) whether the U.S. Court […]

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Petition of the day

The petition of the day is:

17-312

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in asserting authority to review respondents’ interlocutory challenge to pretrial physical restraints and in ruling on that challenge notwithstanding its recognition that respondents’ individual claims were moot; and (2) whether the U.S. Court of Appeals for the 9th Circuit erred in concluding that the Fifth Amendment forbids the U.S. Marshals Service for the Southern District of California, with the approval of district judges in that high-volume jurisdiction, from implementing a policy of placing pretrial detainees in physical restraints during non-jury court proceedings.

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Petition of the day

Petition of the dayThe petition of the day is: Kenosha Unified School District No. 1 Board of Education v. Whitaker 17-301 Issues: (1) Whether a school policy requiring boys and girls to use separate bathroom facilities that correspond to their biological sex is sex stereotyping that constitutes discrimination “based on sex” in violation of Title IX; and (2) whether a […]

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Petition of the day

The petition of the day is:

17-301

Issues: (1) Whether a school policy requiring boys and girls to use separate bathroom facilities that correspond to their biological sex is sex stereotyping that constitutes discrimination “based on sex” in violation of Title IX; and (2) whether a school policy requiring boys and girls to use separate bathroom facilities that correspond to their biological sex is a sex-based classification triggering heightened scrutiny under an Equal Protection analysis.

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Petition of the day

Petition of the dayThe petition of the day is: Thompson v. Park 17-294 Issue: Whether the U.S. Court of Appeals for the 9th Circuit erred in holding that evidence can be material for purposes of a 42 U.S.C. § 1983 claim alleging deprivation of compulsory process or denial of a fair trial when the defendant was acquitted at trial.

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Petition of the day

The petition of the day is:

17-294

Issue: Whether the U.S. Court of Appeals for the 9th Circuit erred in holding that evidence can be material for purposes of a 42 U.S.C. § 1983 claim alleging deprivation of compulsory process or denial of a fair trial when the defendant was acquitted at trial.

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Petition of the day

Petition of the dayThe petition of the day is: Ho v. ReconTrust Co. 17-278 Issue: Whether entities conducting foreclosure-related activities, including notifying borrowers that their homes will be sold unless payment is made, are subject to the Fair Debt Collection Practices Act’s general restrictions on “debt collectors.”

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Petition of the day

The petition of the day is:

17-278

Issue: Whether entities conducting foreclosure-related activities, including notifying borrowers that their homes will be sold unless payment is made, are subject to the Fair Debt Collection Practices Act’s general restrictions on “debt collectors.”

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Petition of the day

Petition of the dayThe petition of the day is: White v. United States 17-270 Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case. Issue: Whether, under the Speedy Trial Act, time engaged in a plea negotiation that does not result in a finalized plea agreement is […]

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Petition of the day

The petition of the day is:

17-270
Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether, under the Speedy Trial Act, time engaged in a plea negotiation that does not result in a finalized plea agreement is automatically excludable as “other proceedings concerning the defendant” under 18 U.S.C. § 3161(h)(1), as four circuits hold; or whether such time is excludable only if the district court makes case-specific “ends of justice” findings under 18 U.S.C. § 3161(h)(7), as four other circuits hold.

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Petition of the day

Petition of the dayThe petition of the day is: Muccio v. Minnesota 17-209 Issue: Whether statutes of this kind, which criminalize any sexuality related speech sent to a minor electronically with the intent to arouse, satisfy First Amendment scrutiny.

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Petition of the day

The petition of the day is:

17-209

Issue: Whether statutes of this kind, which criminalize any sexuality related speech sent to a minor electronically with the intent to arouse, satisfy First Amendment scrutiny.

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Petition of the day

Petition of the dayThe petition of the day is: Nagelvoort v. United States 17-212 Issue: Whether completely severing ties with an organization engaged in a conspiracy constitutes “affirmative action . . . to disavow or defeat the purpose” of the conspiracy that establishes withdrawal from the conspiracy.

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Petition of the day

The petition of the day is:

17-212

Issue: Whether completely severing ties with an organization engaged in a conspiracy constitutes “affirmative action . . . to disavow or defeat the purpose” of the conspiracy that establishes withdrawal from the conspiracy.

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Petition of the day

Petition of the dayThe petition of the day is: Bartels v. Southern Motors of Savannah, Inc. 17-208 Issues: (1) Whether the lower courts are correct to apply the Supreme Court’s decision in University of Texas Southwest Medical Center v. Nassar to cases brought under the Family and Medical Leave Act of 1993 and to require plaintiffs asserting claims for interference and retaliation […]

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Petition of the day

The petition of the day is:

17-208

Issues: (1) Whether the lower courts are correct to apply the Supreme Court’s decision in University of Texas Southwest Medical Center v. Nassar to cases brought under the Family and Medical Leave Act of 1993 and to require plaintiffs asserting claims for interference and retaliation in violation of that statute to prove but-for causation rather than the motivating factor causation; (2) whether the regulations of the United States Department of Labor providing for a mixed motive or motivating factor standard to apply to claims brought under the Family and Medical Leave Act of 1993 are entitled to controlling deference under the Supreme Court’s decision in Chevron v. Natural Resources Defense Council; and (3) whether Petitioner was erroneously denied a jury trial on his claims for interference and retaliation in violation of the Family and Medical Leave Act of 1993 when the lower courts explicitly found that the Respondent gave one rationale for his termination at the time he was terminated and offered a different rationale later, and he presented other substantial evidence that his request for leave was a motivating factor in the termination decision.

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Petition of the day

Petition of the dayThe petition of the day is: Lucia v. Securities and Exchange Commission 17-130 Issue: Whether administrative law judges of the Securities and Exchange Commission are officers of the United States within the meaning of the appointments clause.

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Petition of the day

The petition of the day is:

17-130

Issue: Whether administrative law judges of the Securities and Exchange Commission are officers of the United States within the meaning of the appointments clause.

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Petition of the day

Petition of the dayThe petition of the day is: Southern Baptist Hospital of Florida, Inc. v. Charles 16-1446 Issue: Whether state law may override Congress’s definition of patient safety work product by deeming healthcare information to be “collected, maintained, or developed separately” from the federal patient-safety system in which it resides.

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Petition of the day

The petition of the day is:

16-1446

Issue: Whether state law may override Congress’s definition of patient safety work product by deeming healthcare information to be “collected, maintained, or developed separately” from the federal patient-safety system in which it resides.

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