http://www.oyez.org/cases/2008/podcast-decisions U.S. Supreme Court Opinion Announcements, presented by The Oyez Project (www.oyez.org) en The Oyez Project at Chicago-Kent http://www.oyez.org/cases/2000-2009/2008/2008_08_205/opinion 1) Did the Supreme Court's decision in McConnell resolve all constitutional as-applied challenges to the BCRA when it upheld the disclosure requirements of the statute as constitutional? 2) Do the BCRA's disclosure requirements impose an unconstitutional burden when applied to electioneering requirements because they are protected "political speech" and not subject to regulation as "campaign speech"? 3) If a communication lacks a clear plea to vote for or against a particular candidate, is it subject to regulation under the BCRA? 4) Should a feature length documentary about a candidate for political office be treated like the advertisements at issue in McConnell and therefore be subject to regulation under the BCRA? Tue, 24 Mar 2009 13:00:00 +0000 66460 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1428/opinion 1) Can a municipality reject results from an otherwise valid civil service exam when the results unintentionally prevent the promotion of minority candidates? 2) Does 42 U.S.C. Section 2000e permit federal courts to relieve municipalities from having to comply with local laws that require strict compliance with race-blind merit selection procedures? Wed, 22 Apr 2009 13:00:00 +0000 63896 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_453/opinion Are state officials precluded from regulating and enforcing banking activities governed by the National Bank Act and the Office of the Comptroller of the Currency's regulations? Tue, 28 Apr 2009 13:00:00 +0000 63900 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_591/opinion Is a state forensic analyst's laboratory report prepared for use in a criminal prosecution "testimonial" evidence subject to the demands of the Sixth Amendment's Confrontation Clause as set forth in Crawford v. Washington? Mon, 10 Nov 2008 13:00:00 +0000 63824 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_289/opinion Did the lower courts err in their analysis under Rule 60(b)(5) regarding Arizona's contention that changes in education law, including increased state funding, changes in the management of the school district involved, and passage of the No Child Left Behind Act had so altered the foundations of prior court rulings that relief from such judgments was warranted? Mon, 20 Apr 2009 13:00:00 +0000 63845 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_479/opinion 1) Does the Fourth Amendment prohibit school officials from strip searching students suspected of possessing drugs in violation of school policy? 2) Are school officials individually liable for damages in a lawsuit filed under 42 U.S.C Section 1983? Tue, 21 Apr 2009 13:00:00 +0000 63876 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_214/opinion May a seaman seek punitive damages when his employer arbitrarily and willfully refuses to pay maintenance and cure for his injuries? Mon, 02 Mar 2009 13:00:00 +0000 63848 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_322/opinion 1) Does Section 4(a) of the Voting Rights Act ("VRA") permit any "political subunit" of a "covered state" from seeking exemption from Section 5 of the VRA when it permits "political subdivisions" within "covered states" from seeking such exemptions? 2) Was the 2006 extension of Section 5 of the Voting Rights Act a valid exercise of congressional power when the Congressional Record indicated no persistent patter of "covered states" attempting to evade the enforcement of the VRA? Wed, 29 Apr 2009 13:00:00 +0000 63897 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_984/opinion Did the United States Court of Appeals for the Ninth Circuit err in invalidating the United States Army Corps of Engineers' longstanding interpretation of the Clean Water Act? Mon, 12 Jan 2009 13:00:00 +0000 63902 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_305/opinion Under IDEA, can a federal district court order a school district to reimburse its former student for his tuition at a private school when the student unilaterally withdrew from school, never received special education services while enrolled, and withdrew for reasons unrelated to his learning disability? Tue, 28 Apr 2009 13:00:00 +0000 63895 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_295/opinion Did the United States Court of Appeals for the Second Circuit err in holding that bankruptcy courts do not have the power to enter orders that extend beyond matters directly related to the execution of a debtor's estate? Mon, 30 Mar 2009 13:00:00 +0000 63880 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_441/opinion Does a plaintiff need to submit direct evidence of discrimination in a suit filed under the ADEA in order to shift the burden of persuasion to the defendant? Tue, 31 Mar 2009 13:00:00 +0000 63840 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_67/opinion Does the Double Jeopardy Clause bar retrial when a jury acquits a defendant on some counts, but fails to reach a verdict on other counts whose essential elements must have been decided in the defendant's favor by a rational jury? Mon, 23 Mar 2009 13:00:00 +0000 63841 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_6/opinion 1) May 42 U.S.C. § 1983 be used to obtain post-conviction access to evidence when there is no pending claim for which that evidence could be utilized? 2) Does the 14th Amendment's due process clause afford the plaintiff the right to obtain post-conviction access to evidence when plaintiff's intended claim is foreclosed by evidence obtained through confession? Mon, 02 Mar 2009 13:00:00 +0000 63833 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_310/opinion 1) Does a municipal property tax that falls exclusively on large vessels and uses an apportionment method for out of state vessels violate the Due Process Clause of the Constitution? 2) Does it violate the Commerce Clause of the Constitution? 3) Does it violate the Tonnage Clause of the Constitution? Wed, 01 Apr 2009 13:00:00 +0000 63899 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_495/opinion When a person is convicted of conspiracy to commit bank fraud, mail fraud, and wire fraud and held responsible for having caused more than $10,000 in damages, but the sum is not established by a jury, does this satisfy the requirements of the Immigration and Nationality Act in order to deport an alien for having committed an "offense that involves fraud or deceit in which the loss of victims exceeds $10,000?" Mon, 27 Apr 2009 13:00:00 +0000 63901 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1309/opinion In order prove the association of enterprises in a criminal activity, does the government need to show connections between the enterprises beyond what is apparent in the criminal activity itself? Wed, 14 Jan 2009 13:00:00 +0000 63869 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_267/opinion Does the Navy-Marine Corps Court of Criminal Appeals retain jurisdiction under 28 U.S.C. Section 1651, the All Writs Act, to consider a writ of error coram nobis sought by a former service member? Wed, 25 Mar 2009 13:00:00 +0000 63884 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_22/opinion Did Justice Brent Benjamin's failure to recuse himself from participation in a case where one of the parties donated $3 million to his election campaign violate the Due Process Clause of the 14th Amendment? Tue, 03 Mar 2009 13:00:00 +0000 63874 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1090/opinion Do American courts have jurisdiction over lawsuits filed prior to the revision of 28 U.S.C. Section 1605(a)(7) against the Republic of Iraq when the alleged misdeeds occurred under the regime of Saddam Hussein? Mon, 20 Apr 2009 13:00:00 +0000 63820 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_660/opinion For an action filed under the False Claims Act, does the 30-day or 60-day time limit apply for filing an appeal when the United States is not a party in the lawsuit? Tue, 21 Apr 2009 13:00:00 +0000 63856 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_598/opinion Did the U.S. Court of Appeals for the Sixth Circuit err when it applied the Double Jeopardy Clause to prevent the relitigation of the Mr. Bies's mental retardation even though the Supreme Court of Ohio did not actually determine the issue on appeal? Mon, 27 Apr 2009 13:00:00 +0000 63898 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1529/opinion After the appointment of an attorney, does a defendant need to take additional steps to accept the appointment in order to secure the protections afforded by the Sixth Amendment? Tue, 13 Jan 2009 13:00:00 +0000 63879 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_10374/opinion Does a state law barring civil claims against corrections officers violate the Supremacy Clause of the United States Constitution when it prohibits an inmate from bringing a claim for a violation of his civil rights under 42 U.S.C. 1983? Wed, 03 Dec 2008 13:00:00 +0000 63858 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_192/opinion Does the use of a telephone to buy cocaine for personal use "facilitate" the commission of a felony (the seller's distribution of cocaine) and violate 21 U.S.C. Section 843(b)? Wed, 04 Mar 2009 13:00:00 +0000 63867 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1015/opinion 1) Are governmental officers acting in their official capacities protected by the defense of qualified immunity in a claim brought by a former prison inmate, arrested in the immediate aftermath of September 11, alleging gross treatment and violations of his constitutional rights while confined? 2) Are conclusory allegations that high-ranking government officers knew of or condoned allegedly unconstitutional acts by subordinate officials sufficient to state a claim for unlawful discrimination? Wed, 10 Dec 2008 13:00:00 +0000 63894 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_543/opinion Under the Court's decisions in Pallas and Landgraf, does a company violate the Pregnancy Discrimination Act of 1978 (PDA) and Title VII of the Civil Rights Act of 1964 by denying retirement benefits to women who took temporary disability leave while pregnant when the leave was taken before the PDA came into effect but the calculation of benefits took place after? Wed, 10 Dec 2008 13:00:00 +0000 63888 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_108/opinion In order to prove aggravated identity theft, does the government need to prove the defendant knew the identification he possessed belonged to another person? Wed, 25 Feb 2009 13:00:00 +0000 63823 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1437/opinion Is a federal district court order to remand a case to state court properly understood as stripped of any federal claims when the district court declines supplemental jurisdiction and is thus barred from federal appellate review? Tue, 24 Feb 2009 13:00:00 +0000 63849 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_146/opinion 1) Does Section 16(a)(1) of the Federal Arbitration Act confer appellate jurisdiction over an appeal from a motion to stay proceedings under Section 3 of the FAA when appellants are non-signatories to the arbitration agreement? 2) Does Section 3 of the Federal Arbitration Act allow a federal district court to stay proceedings when non-signatories to an arbitration agreement can attempt to enforce the arbitration agreement under contract and agency law? Tue, 03 Mar 2009 13:00:00 +0000 63882 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1601/opinion 1) Is Shell Oil Company liable for "arranging" the disposal of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) when it merely sold and shipped a product that only caused contamination while under the control and ownership of the purchaser? 2) Did the United States Court of Appeals for the Ninth Circuit err by reversing the district court’s liability calculations under CERCLA? Tue, 24 Feb 2009 13:00:00 +0000 63872 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_615/opinion Does the Terrorism Risk Insurance Act of 2002 allow a judgment creditor in a wrongful death action against the Iranian government to attach damages recovered by Iran in an unrelated contract dispute as the "blocked assets of [a] terrorist party?" Mon, 12 Jan 2009 13:00:00 +0000 63827 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1209/opinion Did the U.S. Court of Appeals for the Federal Circuit err in presuming a prejudicial error when the VA fails to give notice to claimant as to who is responsible for obtaining evidence necessary to substantiate the claim? Mon, 08 Dec 2008 13:00:00 +0000 63883 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_542/opinion Is a search conducted by police officers after handcuffing the defendant and securing the scene a violation of the Fourth Amendment's protection against unreasonable searches and seizures? Tue, 07 Oct 2008 13:00:00 +0000 63817 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1410/opinion Does the decision by the Supreme Court in Navajo Nation I, foreclose this most recent decision by the U.S. Court of Appeals for the Federal Circuit? If the decision was not foreclosed, did the U.S. Court of Appeals for the Federal Circuit properly hold that the United States was liable based on its interpretation of statutes that do not address royalty rates in tribal leases? Mon, 23 Feb 2009 13:00:00 +0000 63893 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_10441/opinion Does 18 U.S.C. Section 3501 supplant Supreme Court precedent and make admissible voluntary confessions that are taken more than six hours after arrest and before that person has been presented before judicial officers? Wed, 21 Jan 2009 13:00:00 +0000 63891 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_8521/opinion 1) According to 28 U.S.C. Section 2254, is a certificate of appealability required to appeal an order denying a request for federally-funded counsel? 2) Does 18 U.S.C. Section 3599 permit federally-funded habeas counsel to represent a condemned inmate in state clemency proceedings when the state has denied state-funded counsel for that purpose? Mon, 12 Jan 2009 13:00:00 +0000 63875 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_581/opinion Are arbitration clauses in employment contracts -- waiving an employee's right to bring statutory claims in federal court -- enforceable? Mon, 01 Dec 2008 13:00:00 +0000 63851 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_588/opinion Does Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorize the Environmental Protection Agency (EPA) to compare costs with benefits in determining the "best technology available for minimizing adverse environmental impact" at cooling water intake structures? Tue, 02 Dec 2008 13:00:00 +0000 63825 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1315/opinion 1) Did the Ninth Circuit exceed it authority by granting habeas corpus relief without considering whether state court adjudication of Mr. Mirzayance's claim was "unreasonable" under 28 U.S.C. Section 2254(d)? 2) May a federal appellate court substitute factual findings of the district court without determining whether the district court's findings were "clearly erroneous?" Tue, 13 Jan 2009 13:00:00 +0000 63863 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_689/opinion Is a North Carolina redistricting plan in a county lacking a numerical majority of minority citizens required by the Voting Rights of Act of 1965 and, therefore, exempt from complying with the conditions of the North Carolina Constitution. Tue, 14 Oct 2008 13:00:00 +0000 63857 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_88/opinion 1) Are delays that violate a defendant's right to speedy trial, caused largely by the defendant's assigned counsel, properly attributed to the state because it finances the office of the public defender? 2) Should a defendant represented by publicly financed counsel be considered more prejudiced against when counsel is responsible for delays that infringe defendant’s right to speedy trial than a defendant who retains private counsel? Tue, 13 Jan 2009 13:00:00 +0000 63821 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_105_orig/opinion Should expert witness attendance fees available in cases brought before the Supreme Court be the same as those available in the federal district courts? Mon, 01 Dec 2008 13:00:00 +0000 63862 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_06_1249/opinion Does federal law preempt state law in a personal injury action against a drug manufacturer for failing to include an appropriate warning label where the drug in question met the labeling requirements of the Food and Drug Administration? Mon, 03 Nov 2008 13:00:00 +0000 63871 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_526/opinion Does the federal government have the ability to take land into trust for American Indian tribes recognized after the Indian Reorganization Act of 1934? Mon, 03 Nov 2008 13:00:00 +0000 63818 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_869/opinion Do provisions of Idaho's Voluntary Contributions Act prohibiting payroll deductions for "political activities" violate the Free Speech Clause of the First Amendment when applied to local government employees? Mon, 03 Nov 2008 13:00:00 +0000 63844 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_608/opinion Under the Gun Control Act of 1968, does a conviction for misdemeanor battery constitute a "misdemeanor crime of domestic violence" when the victim was the offender's wife and the predicate offense statute did not designate a "domestic relationship" between aggressor and victim as an element of the crime? Mon, 10 Nov 2008 13:00:00 +0000 63826 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_854/opinion In a suit brought by a plaintiff alleging that he was wrongfully convicted of murder, are federal prosecutors entitled to absolute immunity against charges that they failed to satisfactorily share information regarding the testimony of a jailhouse informant during the course of the trial? Wed, 05 Nov 2008 13:00:00 +0000 63892 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_636/opinion Does the Employee Retirement Income Security Act's anti-alienation provision prevent the enforcement of a waiver recognized by federal common law which holds that a spouse’s right to the other spouse's pension benefits is rendered void upon divorce? Tue, 07 Oct 2008 13:00:00 +0000 63889 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_06_1595/opinion Does the anti-retaliation provision of Title VII of the Civil Rights Act apply to employees fired for participating in an internal investigation of sexual harassment? Wed, 08 Oct 2008 13:00:00 +0000 63886 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1122/opinion Do officers violate the Fourth Amendment's protection against unreasonable searches and seizures when, after making a routine traffic stop, they search an individual who is consensually conversing with those officers? Tue, 09 Dec 2008 13:00:00 +0000 63890 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1059/opinion Should 19 U.S.C. Section 1673, which calls for "antidumping" duties on foreign goods, but not services, that sell at less than fair value in the U.S., apply to imported low enriched uranium? Tue, 04 Nov 2008 13:00:00 +0000 63887 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1125/opinion Is Title IX's implied private remedy sufficiently comprehensive to preclude the use of 42 U.S.C. Section 1983 to advance sex discrimination claims against federally funded educational institutions? Tue, 02 Dec 2008 13:00:00 +0000 63842 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_610/opinion Do union requirements that nonmember employees pay a service fee through a pooling arrangement, and used to fund litigation that may not specifically be for the benefit of those nonmembers, violate the First Amendment rights of those nonmember employees? Mon, 06 Oct 2008 13:00:00 +0000 63838 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_751/opinion 1)Does a police entry following an informant's signal of probable cause violate the Fourth Amendment under the consent once removed doctrine? 2)Was it clearly established at the time of entry in this case that the consent once removed doctrine violated the Fourth Amendment? 3)Should the Supreme Court's decision in Saucier v. Katz be overturned? Tue, 14 Oct 2008 13:00:00 +0000 63870 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_772/opinion 1) In reviewing a due process challenge to a jury instruction, must federal courts accept state court findings that instructions were correct? 2) Did the U.S. Court of Appeals err in affirming federal habeas corpus relief when it found a "reasonable likelihood" that the jury misapplied the jury instruction in Mr. Sarausad's case and thereby relieved the state of its burden to prove every element of the crime beyond a reasonable doubt? Wed, 15 Oct 2008 13:00:00 +0000 63860 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_562/opinion Does federal preemption of the Maine Unfair Trade Practices Act hinge on the express or implied nature of the allegedly fraudulent misrepresentations? Mon, 06 Oct 2008 13:00:00 +0000 63866 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_544/opinion Are jury instructions that instruct a jury on multiple theories of guilt, one of which is legally improper, necessarily "structural error" that exempts the instructions from a harmless-error review? Wed, 15 Oct 2008 13:00:00 +0000 63832 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_07_1239/opinion Can federal courts grant preliminary injunctions on Naval training exercises based on the possible negative environmental impact of those exercises when the Navy fails to complete an Environmental Impact Statement as required by the National Environmental Policy Act? What circumstances are necessary to allow the Navy to conduct exercises without an Environmental Impact Statement under the "emergency circumstances" exception of the National Environmental Policy Act? Wed, 08 Oct 2008 13:00:00 +0000 63828 at http://www.oyez.org