Federal Judiciary

The Week Ahead

By Akin Gump Supreme Court Practice Group

On Monday, the Court is scheduled to hear argument in Burgess v. United States (06-11429) on what qualifies as a “felony drug offense” for federal sentencing purposes, in United States v. Clintwood Elkhorn Mining Company (07-308) on whether a company that failed to meet the Tucker Act statute of limitations may seek a tax refund (with interest) directly under the Export Clause, and in Riley v. Kennedy (07-77) on whether a state court’s reliance on the state constitution to invalidate a state law may qualify as a “change” triggering preclearance under the Voting Rights Act. In advance of the arguments, the Court is expected to release orders from the Justices’ private conference last Friday.

On Tuesday, the Court is scheduled to hear argument in the consolidated cases of Munaf v. Geren (06-1666) and Geren v. Omar (07-394) on federal courts’ jurisdiction over habeas claims of U.S. citizens held in Iraq, and in United States v. Ressam (07-455) on whether the federal law mandating 10 years in prison for carrying an explosive during the commission of a felony requires the explosives to be carried ?in relation to? the underlying felony. In advance of the arguments, the Court may issue one or more opinions on the merits.

On Wednesday, the Court is scheduled to hear argument in Indiana v. Edwards (07-208) on whether defendants found competent to stand trial maintain a right to self-representation, and in Florida Dept. of Revenue v. Piccadilly Cafeterias (07-312) on whether a state may tax a court-ordered transfer of property from a chapter 11 bankruptcy estate to a third-party purchaser of the bankrupt party?s assets.

On Friday, the Justices are scheduled to hold a private conference. To view our list of petitions to watch at the conference, click here.

No petitioners’ merits briefs are due this week. Respondents’ merits briefs are due Monday in MetLife v. Glenn (06-923) and Irizarry v. United States (06-7517).

(All case links above direct to case pages on SCOTUSwiki.)

Full post as published by SCOTUSBLOG on March 23, 2008 (boomark / email).