Mark tushnet an essay on rights summary
The justices are now in recess. They will meet for their next conference on January 6. The calendar for the January sitting, which will begin on Monday, January 9, is available on the court's website .
see all this Term’s cases »
- Gloucester County School Board v. G.G.
(1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (2) whether, with or without deference to the agency, the Department of Education's specific interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.
- Bank of America Corp. v. City of Miami
(1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
- Moore v. Texas
(1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
- Pena-Rodriguez v. Colorado
Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
- Murr v. Wisconsin
Whether, in a regulatory taking case, the “parcel as a whole” concept as described in Penn Central Transportation Company v. City of New York . establishes a rule that two legally distinct but commonly owned contiguous parcels must be combined for takings analysis purposes.
- Trinity Lutheran Church of Columbia, Inc. v. Pauley
Whether the exclusion of churches from an otherwise neutral and secular aid program violates the Free Exercise and Equal Protection Clauses when the state has no valid Establishment Clause concern.
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Davis v. Montana Whether a criminal defendant charged with an offense punishable by incarceration is denied due process when he is tried by a non-lawyer judge, where the defendant has no opportunity for a de novo trial before a judge who is a lawyer.
DeKalb County Pension Fund v. Transocean Ltd. Whether the filing of a putative class action serves to suspend as to putative class members a period of repose such as the three-year period applicable to claims brought under Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(a).
Flytenow, Inc. v. Federal Aviation Administration (1) What, if any, deference is due an agency's interpretation when it predominately interprets terms of common law in which courts, not administrative agencies, have special competence; (2) whether the circuit court erred when it held, in contravention of this Court's long-standing definition of “common carrier,” that pilots who use the Internet to communicate are “common carriers” when those pilots do not earn a commercial profit or indiscriminately offer to share their travel plans with the general public, thus warranting remand; and (3) whether the circuit court erred in holding that the Federal Aviation Administration could, consistent with the First Amendment, lawfully discriminate against content-based Internet communications because of the message conveyed and the means chosen by pilots to convey it.