It's hard to stay happy during the summer. Sure, there's sunshine, longer days, and vacation, but how can that compensate for the dark void of the Supreme Court recess?
For those of you who can't wait three months to get your SCOTUS fix, we have good news. The Court released the October hearing schedule for the 2012 term this week. Which cases will be heard first? It's all after the jump.
Monday, Oct. 1
- Kiobel v. Royal Dutch Petroleum -- Should American courts should ever hear disputes under the Alien Tort Statute for human rights abuses abroad, regardless of whether a defendant is a corporation?
- Lozman v. City of Riviera Beach -- One of early grants for the 2012 term. The Court will decide whether "vessel" includes a floating structure incapable of navigation.
Tuesday, Oct. 2:
- Kloeckner v. Solis - The Court will address the rights of a federal government worker claiming discrimination in the workplace.
- U.S. v. Bormes -- Is the federal government liable for the illegal disclosure of private credit information about a private citizen?
Wednesday, Oct 3:
- Johnson v. Williams -- Has a habeas petitioner's claim has been "adjudicated on the merits" if the state court denied relief in an explained decision, but did not expressly acknowledge a federal-law basis for the claim?
- Arkansas Game & Fish Commission v. U.S. -- Addressing whether government actions that impose recurring flood invasions must continue permanently to take property within the meaning of the Takings Clause.
Tuesday, Oct. 9:
- Tibbals v. Carter -- Reviewing whether capital prisoners possess a "right to competence" in federal habeas proceedings.
- Ryan v. Gonzales -- This case involves the same issue as Tibbals, but the cases have not been consolidated.
Wednesday, Oct. 10:
- Moncrieffe v. Holder -- Should a state law conviction for possessing small amount of marijuana serve as a basis for deportation?
- Fisher v. University of Texas -- Will the Court uphold or reject university affirmative action policies?
We're not surprised that the Court opted to kick off the 2012 Term by rehearing Kiobel after sending the case back to the parties for briefing on additional issues, but the real attention in October will be on the Court's reaction to the Fisher v. University of Texas arguments. The outcome in Fisher could dramatically impact university admissions processes.
- Criminals in the Court: SCOTUS Takes on More Appeals (FindLaw's Supreme Court Blog)
- Don't Mess With Texas ... University Affirmative Action? (FindLaw's Fifth Circuit Blog)
- SCOTUS to Consider Detention Incident to Search Warrant (FindLaw's Second Circuit Blog)