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Supreme Court Releases November Hearing Schedule

If you’ve been waiting to plan your fall trip to D.C. in hopes that the Supreme Court would hear a political question argument, then you can start making travel plans.

The Supreme Court hearing schedule for October 31 through November 9 on Monday has been released. The twelve cases on the docket range from a State Department political question, to the standard criminal fare. The full schedule is below.

Monday, Oct 31:

  • Lafler v. Cooper (10-209) -- Is a state habeas petitioner entitled to relief where his counsel deficiently advises him to reject a favorable plea bargain but the defendant is later convicted and sentenced pursuant to a fair trial?
  • Missouri v. Frye (10-444) - Ordered in tandem with Lafler as the two cases present similar questions.

Tuesday, Nov. 1:

  • Rehberg v. Paulk (10-788) -- Is a government official who acts as a "complaining witness" by presenting perjured testimony against an innocent citizen entitled to absolute immunity from a claim for civil damages?
  • Minneci v. Pollard (10-1104) -- Should the Court imply a cause of action under Bivens against individual employees of private companies that contract with the Federal government to provide prison services?

Wednesday, Nov. 2:

  • Perry v. New Hampshire (10-8974) -- Do the due process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances, or only when the suggestive circumstances were orchestrated by the police?
  • Gonzalez v. Thaler (10-895) -- What is the timing for federal habeas appeals under the Antiterrorism and Effective Death Penalty Act after a conviction becomes final?

Monday. Nov. 7:

  • Zivotofsky v. Clinton (10-699) -- Does the "political question doctrine" deprive a federal court of jurisdiction to enforce a federal statute that explicitly directs the Secretary of State how to record the birthplace of an American citizen on a Consular Report of Birth Abroad and on a passport?
  • Kawashima v. Holder (10-577) -- Can a legal non-citizen be removed for filing a false statement on a tax return?

Tuesday, Nov. 8:

  • U.S. v. Jones (10-1259) -- Does the warrantless use of a tracking device on respondent's vehicle to monitor its movements on public streets violate the Fourth Amendment?
  • Smith v. Cain (10-8145) -- What is the probability that a criminal trial outcome would have differed but for the prosecutor's failure to disclose evidence favorable to the accused's defense?

Wednesday, Nov. 9:

  • National Meat Association v. Harris (10-224) -- Do states have the power to regulate slaughterhouse operations or does the Federal Meat Inspection Act preempt all state authority?
  • Kurns v. Railroad Friction Products Corp. (10-879) -- Did Congress intend for the Federal Railroad Safety Acts to preempt state law-based tort lawsuits?

Our pick for the early fall Supreme Court hearing schedule? We are particularly interested in the added question in U.S. v. Jones: Did the government violate the defendant's Fourth Amendment rights by installing a GPS tracking device on his vehicle without a warrant or consent? The Court's decision could substantially affect Fourth Amendment protections for the tech age.

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