Federal Judiciary

Relist watch

By John Elwood

The Court denied cert. without comment in two cases that it relisted last week, S&M Brands Inc. v. Caldwell, 10-622 (which had been relisted once), and Wine Country Gift Baskets.com v. Steen, 10-671 (which had been relisted twice), and granted in Golan v. Holder, 10-545 (which had been relisted twice).   Otherwise, each of last week?s relists appears to have been relisted once again (it is impossible to say at the moment because the Court has not yet updated the docket).

If a case has been relisted once, it generally means that the Court is paying close attention to the case, and the chances of a grant are higher than for an average case.  But once a case has been relisted more than twice, it is generally no longer a likely candidate for plenary review, and is more likely to result in a summary reversal or a dissent from the denial of cert.

Title: Maples v. Allen (relisted after 9/27/10, 1/14/11, 2/25/11 and 3/4/11 Conferences)
Docket: 10-63
Issue(s): (1) Whether the Eleventh Circuit properly held that the purported state procedural default rule is ?adequate? as a matter of federal law to bar federal habeas review of serious constitutional claims; and (2) whether the Eleventh Circuit properly held that there was no ?cause? to excuse any procedural default where petitioner was blameless for the default, the state?s own conduct contributed to the default, and petitioner?s attorneys of record were no longer functioning as his agents at the time of any default.

Certiorari stage documents:

• Opinion below (11th Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Alabama Appellate Court Justices et al.
• Amicus brief of the Alabama Criminal Defense Lawyers Association
• Amicus brief of the National Association of Criminal Defense Lawyers
• Amicus brief of the Constitution Project
• Petitioner?s reply

Title: Burris v. Judge (relisted after 2/18, 2/25 , and 3/4 Conferences)
Docket: 10-367

Issue(s): Whether the Seventh Circuit erred in upholding an injunction that limited the candidates at a special election who could be placed on the ballot to temporarily fill Barack Obama?s old Senate seat to candidates already on the ballot for the upcoming election for a full six-year term (thus effectively preventing appointed Senator Roland Burris from participating in the special election).

Certiorari stage documents:

• Opinion below (7th Cir.)
• Petition for certiorari
• Brief in opposition

Title: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (relisted after 2/25 and 3/4  Conferences)
Docket: 10-553
Issue(s): Whether the ministerial exception, which prohibits most employment-related lawsuits against religious organizations by employees performing religious functions, applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.

Certiorari stage documents:

• Opinion below (6th Cir.)
• Petition for certiorari
• Brief in opposition of the EEOC
• Brief in opposition of respondent Cheryl Perich
• Amicus brief of religious organizations
• Amicus brief of Christian Reformed Church in North America et al.
• Amicus brief of International Mission Board of the Southern Baptist Convention et al.
• Petitioner?s reply brief

Title: Felkner v. Jackson (relisted after 2/18 and 2/25 Conferences)
Docket: 10-797
Issue(s): Whether a ruling by the court of appeals on habeas, reversing a district court?s decision and finding a state prosecutor?s proffered race-neutral bases for peremptorily striking two out of three African-American jurors insufficient, satisfies the restrictions on habeas corpus relief imposed by Congress in 28 U.S.C. § 2254(d)?

Certiorari stage documents:

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

Title: Quinn v. Judge (relisted after 2/18 and 2/25 Conferences)
Docket: 10-821
Issue(s): Whether, contrary to the longstanding practice and the laws of many States, the Seventeenth Amendment requires a special election to fill a vacant Senate seat ?every time that a vacancy happens in the state?s senate delegation?-as the decision below holds-even where the vacated term will expire in the normal course following the next, biennial Congressional election.

Certiorari stage documents:

• Opinion below (7th Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Louisiana et al.

Petitioner?s reply

Full post as published by SCOTUSBLOG on March 07, 2011 (boomark / email).