Federal Judiciary

Petition of the day

By Anna Christensen

Today’s first petition of the day is:

Title: Core Communications, Inc. v. Federal Communications Commission
Docket: 10-185
Issue(s): Whether the FCC may impose a below-cost rate cap on a category of rates concededly covered by the Telecommunications Act of 1996, notwithstanding that Act's requirement of cost-based rates and explicit assignment of rate-setting authority to state utility commissions rather than the FCC.

Certiorari-Stage Documents:

• Opinion below (DC Circuit)
• Petition for certiorari

Today’s second petition of the day is:

Title: Pennsylvania Public Utility Commission v. Federal Communications Commission
Docket: 10-189
Issue(s): Whether the court of appeals violated Supreme Court precedent by upholding a ruling allowing the Federal Communications Commission to set rates for local intrastate communications by replacing those state rates with a mandatory interstate rate.

Certiorari-Stage Documents:

• Opinion below (DC Circuit)
• Petition for certiorari

The following petition was filed by Howe & Russell and is listed without regard to its likelihood of being granted:

Title: Gao v. Holder
Docket: 10-130
Issue(s): 1) Whether the category of ?particularly serious crimes? is limited to ?aggravated felonies? under 8 U.S.C. § 1231(b)(3)(B)(ii) and 8 U.S.C. § 1158(b)(2)(A)(ii) with the sole exception that ? with respect to asylum ? the Attorney General may ?designate? additional offenses ?by regulation?; and 2) whether the government must make an individualized determination that an individual poses ?a danger to the community? before denying her withholding of removal or asylum under 8 U.S.C. § 1231(b)(3)(B) (for withholding) or 8 U.S.C. § 1158(b)(2)(A)(ii) (for asylum).

Certiorari-Stage Documents:

• Opinion below (4th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on September 28, 2010 (boomark / email).