Federal Judiciary

Petitions to Watch | Conference of 2.29.08

By Akin Gump Supreme Court Practice Group

The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of February 29. As always, the list reflects the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.

Issues raised in the current list of petitions include the FCC’s new standards for indecency, when a trial starts for purposes of enhanced sentencing, and whether Lebanon can be sued in federal court. For the full list of petitions on our watch list, continue reading after the jump.

Conference of February 29, 2008

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Docket: 07-548
Case name: Beasley v. United States
Issue: Whether a court is jurisdictionally barred from enhancing a sentence if the government fails to so notify a defendant “before trial,” as required under 21 U.S.C. 851(a), and whether such notice is untimely if given after jurors are selected but before they are sworn.

• Opinion below (4th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

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Docket: 07-582
Case name: Federal Communications Commission v. Fox Television Stations, Inc., et al.
Issue: Whether the FCC provided an adequate explanation, or instead acted arbitrarily and capriciously, in changing its policy to permit isolated uses of expletives on broadcast television to be considered “indecent” under federal law.

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition (Fox)
• Brief in opposition (NBC)

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Docket: 07-635
Case name: Peters v. Village of Clifton, Ill.
Issue: Whether the Court should overrule Williamson County Regional Planning Commission v. Hamilton Bank o[Johnson City (1985) insofar as it requires property owners to seek compensation in state court to ripen a federal takings claim.

• Opinion below (7th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Amicus brief of Joyce Yamagiwa (in support of the petitioner)
• Amicus brief of the American Farm Bureau Federation (in support of the petitioner)
• Amicus brief of the Coalition for Property Rights (in support of the petitioner)
• Amicus brief of Elizabeth J. Neumont (in support of the petitioner)

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Docket: 07-721
Case name: American Telecom Co., LLC, et al. v. Republic of Lebanon
Issue: Whether, under the commercial activity exception to the Foreign Sovereign Immunities Act, Lebanon created a “direct effect” in the United States by allegedly fraudulently inducing two U.S. companies to bid on a contract and then disqualifying them from consideration on grounds they were American corporations.

• Opinion below (6th Circuit)
• Petition for certiorari
• Brief in opposition

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Full post as published by SCOTUSBLOG on February 15, 2008 (boomark / email).