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 Friday. (The hearing list for the next two weeks can be found here.)  Following the release of orders, the Court will hear argument in:

• United States v. Navajo Nation (07-1410)–federal government duty to protect Indian tribe?s mineral rights
• Rivera v. Illinois (07-9995)–federal government duty to protect Indian tribe?s mineral rights

On Tuesday, the Court will hear argument in:

• Burlington Northern v. U.S. (07-1601) and Shell Oil v. U.S. (07-1607) ? liability for cleanup of toxic waste dump (cases consolidated for one-hour hearing)
• Carlsbad Technology v. HIF Bio, Inc. (07-1437) ? Circuit Court authority to review District Court order returning case to state courts

On Wednesday, the Court will hear argument in:

• Hawaii v. Office of Hawaiian Affairs (07-1372) ? authority of a state to sell state lands
• Flores-Figueroa v. U.S. (08-108) ? proof needed under federal identity theft law

On Friday, the Justices will hold a private conference, any grants from which could be announced that afternoon. To view our list of petitions to watch at Friday’s conference, click here.

Respondent’s merits brief is due Monday in  Travelers Indemnity v. Bailey (08-295) and Common Law Settlement Counsel v. Bailey (08-307), Polar Tankers v. Valdez (08-310), and Gross v. FBL Financial Services, Inc. (08-441). Petitioner’s merits brief is due Wednesday in Forest Grove School District, Petitioner v. T. A. (08-305), Cuomo v. The Clearing House Ass?n, L.L.C. (08-453), Safford United School District #1 v. Redding (08-479), Nijhawan v. Mukasey (08-495), Bobby v. Bies (08-598), and  U.S. ex rel. Eisenstein v. City of New York (08-660).

Full post as published by SCOTUSBLOG on February 23, 2009 (boomark / email).