SCOTUS Conference Watch: Big Petitions Set for Justices' Review
Friday is the first conference for the justices in the new year. Here's a look at some of the major petitions awaiting action.
January 09, 2020 at 02:35 PM
6 minute read
A state assault weapons ban, grand jury secrecy, health care, religious job discrimination and immigrant sanctuary laws are among the issues and cases facing the U.S. Supreme Court justices during their private conference Friday, the first of the new year.
The justices are arriving soon at that point of no return, where the high court typically stops adding cases to the term's argument docket. Of course, the court can do what the court wants, adding cases when it so chooses. Will we see a special sitting in May in the Obamacare case that's arrived from the Fifth Circuit?
In the meantime, here are some of the petitions the justices are scheduled to review Friday at their private conference:
Second Amendment
>> Worman v. Healey: The case challenges the Massachusetts assault weapons ban. John Parker Sweeney, a Bradley Arant Boult Cummings partner in Washington, is lead counsel for the challengers, who include firearms owners, dealers and an advocacy organization. Julia Kobick of the Massachusetts attorney general's office is counsel of record for the state.
Alien Tort Statute
>> Nestlé v. Doe: This case examines the contours of claims arising under the Alien Tort Statute. Hogan Lovells partner Neal Katyal represents Nestlé. A team from Gibson, Dunn & Crutcher, including Theodore Boutrous Jr., was also on the petition. Paul Hoffman of Schonbrun Seplow Harris & Hoffman represents the respondents. Mayer Brown partner Andrew Pincus represents Cargill in a separate Alien Tort Statute case.
LGBT
>> Arlene Flowers v. Washington: The case, following Masterpiece Cake, looks at religious objections to making floral arrangement for a gay wedding. Kristen Waggoner of Alliance Defending Freedom is counsel of record for the petitioner. Washington state solicitor Noah Purcell represents the state.
>> Fulton v. City of Philadelphia: The case asks whether religious child welfare agencies with government contracts may refuse to provide services to same-sex couples. Mark Rienzi of the Becket Fund for Religious Liberty is counsel of record for the petitioners. Philadelphia hired Deepak Gupta of Washington's Gupta Wessler.
Secrecy
>> McKeever v. Barr: This case confronts the power of trial judges to release on their own historically significant grand jury materials. Latham & Watkins partner Roman Martinez represents McKeever.
>> Americans for Prosperity Foundation v. Becerra: This case addresses California's push to require disclosure of individual identities and addresses of major donors to private nonprofit organizations. Derek Shaffer of Quinn Emanuel Urquhart & Sullivan is counsel to Americans for Prosperity.
Immigration
>> United States v. California: This case is the Justice Department's challenge to California's immigration laws. Aimee Feinberg, deputy California solicitor general, is counsel to California.
Excessive fines
>> Colorado Dept. of Labor and Employment v. Dami Hospitality: The case questions whether the Eighth Amendment's excessive fines clause applies to corporations as it does to individuals. Both sides urged the court to grant the case. Colorado's solicitor, Eric Olson, is counsel for the state. Latham & Watkins partner Gregory Garre is counsel for Dami Hospitality.
Affordable Care Act
>> Trump v. Pennsylvania: A new Affordable Care Act case that looks at "whether the agencies had statutory authority under the ACA and the Religious Freedom Restoration Act of 1993 to expand the conscience exemption to the contraceptive-coverage mandate." Michael Fischer, chief deputy attorney general, is counsel to Pennsylvania.
Jurisdiction
>> Ford Motor v. Bandemer/Ford Motor v. Montana Eighth Judicial District Court: Ford Motor Co. asks what connection is required between a plaintiff's claims and a nonresident defendant's forum contacts for a court to exercise personal jurisdiction. Hogan Lovells partner Sean Marotta is counsel to Ford. Kyle Farrar of Kaster, Lynch, Farrar & Ball represents Bandemer. Gupta Wessler's Deepak Gupta is counsel to Charles Lucero.
Sovereign immunity
>> Ukraine v. Tatneft: Ukraine questions whether all 160 foreign sovereigns who signed the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) waived their sovereign immunity as the U.S. Court of Appeals for the D.C. Circuit ruled. Winston & Strawn partner Maria Kostytsk represents Ukraine. Cleary Gottlieb Steen & Hamilton partner Jonathan Blackman is counsel to Tatneft.
Job bias claims
>> Patterson v. Walgreen: This case asks what an employer must demonstrate to show that he or she is unable to reasonably accommodate an employee's religious practice without undue hardship. Gene Schaerr, a partner at Schaerr | Duncan, represents Patterson. Jenner & Block partner Adam Unikowsky is counsel to Walgreen.
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