Federal Judiciary

The Week Ahead

By Akin Gump Supreme Court Practice Group

On Monday, the Court will release the remaining orders from the Justices’ private conference last Tuesday. (Click here to see the initial orders list, and here for our list of petitions to watch at the conference.) Following the release of orders, the Court will hear argument in:

• Kansas v. Colorado (105, Orig.), a dispute over the Arkansas River.
• 14 Penn Plaza LLC v. Pyett (07-581), on whether collective bargaining agreements may require mandatory arbitration of civil rights claims.

On Tuesday, the Court may issue one or more opinions in pending cases. Following the announcement of any rulings, the Court will hear argument in:

• Entergy Corp. v. EPA (07-588) and two consolidated cases, on the regulation of cooling water intake structures under the Clean Water Act.
• Fitzgerald, et vir v. Barnstable School Committee, et al. (07-1125), on whether the passage of Title IX barred future constitutionally based gender discrimination claims against federally funded schools.

On Wednesday, the Court will hear argument in:

• Philip Morris USA, Inc. v. Williams (07-1216), on whether the Oregon Supreme Court improperly upheld a $79.5 million punitive damage upward under a state procedural rule.
• Haywood v. Drown (07-10374), on whether the Supremacy Clause bars states from stripping state courts of jurisdiction over certain federal constitutional claims.

Merits briefs for petitioners are due Thursday in Hawaii, et al. v. Office of Hawaiian Affairs, et al. (07-1372) and Friday in Rivera v. Illinois (07-9995). No merits briefs for respondents are due this week.

Full post as published by SCOTUSBLOG on November 30, 2008 (boomark / email).