Federal Judiciary

This Term’s pending cases

By Akin Gump Supreme Court Practice Group

So far, the Court has decided seventy-three of its argued cases this Term, including all cases argued during the October, January, and March Sittings. Now, only four argued cases are still pending and are expected to be decided on Monday. Below the jump, you?ll find a list of this Term?s outstanding cases and the issues involved, organized by sitting, as well as links to briefs filed by the parties in the cases. (Links to amicus briefs, as well as commentary, are available on our sister site, SCOTUSwiki; you can access them by clicking on the case names below.)

NOVEMBER SITTING:

Bilski v. Kappos (08-964)

Argued: Nov. 9, 2009

Issue: Whether a ?process? must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (?machine-or-transformation? test), to be eligible for patenting under 35 U.S.C. § 101, and whether the ?machine-or-transformation? test for patent eligibility contradicts congressional intent that patents protect ?method[s] of doing business? in 35 U.S.C. § 273.

Merits Briefs

• Brief for Petitioner Bernard L. Bilski and Rand A. Warsaw
• Brief for Respondent David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, United States Trademark Office
• Reply Brief for Petitioner Bernard L. Bilski and Rand A. Warsaw

Certiorari-Stage Documents

• Opinion below (Federal Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

DECEMBER SITTING:

Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board (08-861)

Argued: Dec. 7, 2009

Issue: Whether the Sarbanes-Oxley Act is consistent with separation-of-powers principles ? as the Public Company Accounting Oversight Board is overseen by the Securities and Exchange Commission, which is in turn overseen by the President ? or contrary to the Appointments Clause of the Constitution,  as the PCAOB members are appointed by the SEC.

Merits Briefs

• Brief for Petitioners Free Enterprise Fund and Beckstead and Watts, LLP
• Brief for Respondent Public Company Accounting Oversight Board
• Brief for Respondent United States of America
• Reply Brief for Petitioners Free Enterprise Fund and Beckstead and Watts, LLP

Certiorari-Stage Documents

• Opinion below (D.C. Circuit)
• Petition for certiorari
• Brief in opposition for respondent Public Company Accounting Oversight Board
• Brief in opposition for the United States
• Brief for the United States
• Petitioners? reply

FEBRUARY SITTING:

McDonald v. City of Chicago (08-1521)

Argued: Mar. 2, 2010

Issue: Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.

Merits Briefs

• Brief for Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
• Brief for Respondents City of Chicago and Village of Oak Park
• Brief for Respondents the National Rifle Association of America, Inc. et al., in Support of Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
• Reply Brief for Respondents The National Rifle Association of America, Inc., et al. in Support of Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association

Certiorari-Stage Briefs

• Opinion below (7th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners? reply

APRIL SITTING:

Christian Legal Society v. Martinez (08-1371)

Argued: Apr. 19, 2010

Issue: Whether a public university law school may deny school funding and other benefits to a religious student organization because the group requires its officers and voting members to agree with its core religious viewpoints.

Merits Briefs

• Brief for Petitioner Christian Legal Society of the University of California, Hastings College of the Law
• Brief of Respondent-Intervenor Hastings Outlaw
• Brief of Hastings College of the Law Respondents
• Reply Brief for Petitioner Christian Legal Society of the University of California, Hastings College of the Law

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

Full post as published by SCOTUSBLOG on June 27, 2010 (boomark / email).