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Monday, August 14, 2006 

November Arguments

SCOTUS has the calendar for the upcoming November oral arguments for the Supreme Court's next term. The November arguments (which technically start at the end of October) have quite a few interesting cases...
Monday, Oct. 30:
Osborn v. Haley (05-593) -- immunity of federal employees to private lawsuits
Jones v. Bock and Williams v. Overton (05-593 and 05-7058/05-7142) -- scope of exhaustion of remedies duty under Prison Litigation Reform Act (Consolidated, l hour hearing)

Tuesday, Oct. 31:
Philip Morris USA v. Williams (05-1256) -- standards for punitive damage awards for corporate wrongdoing
Lawrence v. Florida (05-8820) -- -- suspension of habeas filing deadline while petition for certiorari is pendng

Wednesday, Nov. 1:
Environmental Defense v. Duke Energy Corp. (05-848) -- permit standards under Clean Air Act; also, proper court venue for Clean Air Act appeals
Whorton v. Bocking (05-595) -- retroactivity of Crawford v. Washington on admission of out-of-court statements

Monday, Nov. 6:
Marrama v. Citizens Bank (05-996) -- right to convert Chapter 7 bankruptcy to Chapter 13
Wallace v. Kato (05-1240) -- time for filing damages lawsuit based on false arrest claim

Tuesday, Nov. 7:
James v. U.S. (05-9264) -- attempted burglary as a "violent felony" under Armed Career Criminal Act
Burton v. Waddington (05-9222) -- retroactivity of Blakely v.Wahington on state criminal sentencing guidelines

Wednesday, Nov. 8:
Gonzales v. Carhart (05-380) -- constitutionality of federal ban on "partial-birth" abortion (Eighth Circuit case)
Gonzales v. Planned Parenthood (05-1382) -- same issue, along with separate questions on remedy and on vagueness (Ninth Circuit case)
Obviously, November 8th will be a high profile day. The partial birth abortion cases are arguably the biggest cases of the new term so far. Philip Morris USA v Williams and Environmental Defense v Duke Energy Corp. also seem incredibly interesting. I'm eager to see the other cert grants from this, the first full term of the new Roberts Court.

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