U.S. Supreme Court 2008 Term Arguments

A case in which the Court held that corporate funding of independent political broadcasts in elections cannot be limited under the First Amendment.

A case in which the Court held that the Voting Rights Act (VRA) permits all political subdivisions to seek bailout from the preclearance requirements of the VRA.

A case in which the Court found that the Individuals with Disabilities Education Act (IDEA) can authorize a public school to reimburse a student for private school tuition sought because the student never received special education services at the public school.

A case in which the Court found that state officials are not precluded from regulating and enforcing banking activities governed by the Office of the Comptroller.

A case in which the Court found that when an alien is convicted of conspiracy and held responsible for causing more than $10,000 in damages, the statute requirement used by the Immigration and Nationality Act (INA) to deport the alien is satisfied, even if the $10,000 is not established by a jury.

A case in which the Court found that the Double Jeopardy Clause did not prevent relitigation of a mental retardation claim because the defendant was never acquitted at trial.

A case in which the Court held that a municipality violated Title VII of the Civil Rights Act of 1964 when it rejected otherwise valid civil service exams because the results unintentionally prevented the promotion of minority candidates.

A case in which the Court held that a school's strip-search to find ibuprofen on a thirteen-year-old girl violated her Fourth Amendment rights.

A case in which the Court held that the 30-day limit for filing a claim under the False Claims Act applies when the United States is not a party to the lawsuit.

A case in which the Court found that the lower court incorrectly analyzed Rule 60(b)(5), which allows a party to seek relief from a judgment if a significant change in the law has occurred.

A case in which the Court held that a property tax which fell exclusively on large vessels and used an apportionment method for out-of-state vessels violated the Tonnage Clause of the Constitution.

A case in which the Court held that a plaintiff must show that age was the "but-for" cause for the defendant's action in an Age Discrimination in Employment Act claim.

A case in which the Court held that federal bankruptcy courts have jurisdiction to enter orders beyond matters directly related to the execution of a debtor's estate.

A case in which the Court held that the Navy-Marine Corps Court of Criminal Appeals (NMCCA) retained jurisdiction under the All Writs Act to consider coram nobis petitions that alleged a prior judgment of conviction was fundamentally flawed.

A case in which the Court held that corporate funding of independent political broadcasts in elections cannot be limited under the First Amendment.

A case in which the Court held that the Double Jeopardy clause bars retrial if 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.

A case in which the Court found that using a telephone to make a misdemeanor drug purchase does not facilitate the felony of drug distribution.

A case in which the Court held that 18 U.S.C. Section 924(c)(1)(A)(iii) does not require proof of intent to discharge a firearm in order to enhance a sentence.

A case in which the Court held that the Due Process Clause of the 14th Amendment required that a justice recuse himself from a case if one of the parties in the suit donated $3 million to the justice's election campaign.

A case in which the Court found that regardless of whether the petitioner is eligible for a stay, a federal court of appeals has jurisdiction over a motion to stay under Section 16(a)(1) of the Federal Arbitration Act.

A case in which the Court held that a seaman may seek punitive damages against his employer if the employer willfully refused to pay maintenance for a seamen's injuries.

A case in which the Court found that the defendant had no constitutional right to obtain post-conviction access to DNA evidence used against him at trial.

A case in which the Court found that in order to prove aggravated identity theft, the government needs to prove that the defendant knew that the identification he possessed belonged to another person.

A case in which the Court held that the Apology Resolution did not restrict Hawaii's sovereign authority to transfer publicly held land for private development.

A case in which the Court found that the defendants were not liable as the "arranger" for the contamination at issue, and therefore the liability calculations of the district court were appropriate.

A case in which the Court held that a district court's declination of supplemental jurisdiction is not a dismissal for which federal appellate review is barred.

A case in which the Court found that the Due Process Clause does not require the automatic reversal of a conviction because of the lower court's good-faith error in denying the defendant's pre-trial motion to dismiss a juror.

A case in which the Court held that its decision in Navajo I did not terminate the defendant's claim, however, the defendant did not provide sufficient sources of law and therefore the suit should be dismissed.

A case in which the Court found that statements obtained for the purpose of impeaching a defendant's testimony, in the absence of a knowing and voluntary waiver of the Sixth Amendment right to counsel, were admissible.

A case in which the Court held that a court of appeals' decision to stay an alien's removal pending consideration of the alien's petition for review is governed by the 4-factor traditional test.

A case in which the Court found that voluntary confessions made more than six hours after arrest before the person has been presented before judicial officers are inadmissible.

A case in which the Court held that the government need not spell out a connection between criminal enterprises beyond what is apparent in the criminal activity itself.

A case in which the Court found that the "plain error standard" of Rule 52(b) of the Federal Rules of Criminal Procedure governs if claims forfeited at trial may be raised at the appellate level.

A case in which the Court held that after the appointment of an attorney, a defendant does not necessarily need to take additional steps to accept the appointment in order to secure the protections of the Sixth Amendment.

A case in which the Court found that in order to find counsel ineffective, the defendant must show both "deficient performance" and "prejudice."

A case in which the Court found that the lower court should not have categorized the defendant's assigned counsel as a state actor, and any delay caused by the assigned counsel should be charged against the defendant and not the state.

A case in which the Court held that the defendant's assets in question were not "blocked" under the Terrorism Risk Insurance Act of 2002 and therefore could not be attached to satisfy his judgment against Iran.

A case in which the Court held that the United States Army Corps of Engineers had exclusive rights to grant a permit to Coeur Alaska, Inc. to discharge its waste.

A case in which the Court held that a certificate of appealability is not required to appeal an order denying a request for federally appointed counsel; and the federally appointed counsel may represent their client in state clemency proceedings and are entitled to compensation for such representation.

A case in which the Court found that high-ranking government officials were not liable for unconstitutional acts by subordinate officials.

A case in which the Court held that a company does not violate the Pregnancy Discrimination Act (PDA) or Title VII when it denies retirement benefits to women who took a temporary disability leave while pregnant when the leave was taken before the PDA came into effect.

A case in which the Court held that police may lawfully search an individual during a routine traffic stop if they believe him to be armed and dangerous, even if they had no reason to believe he was involved in criminal activity when he was searched.

A case in which the Court found that the petitioner was entitled to federal habeas corpus review due to suppression of material evidence, notwithstanding that habeas reviewed had already been presented twice at the state court level.

A case in which the Court found that the lower court's framework for evaluating VA (Veterans' Affairs) notice errors conflicted with the established law that the Veterans Court "take due account of the rule of the prejudicial error."

A case in which the Court held that a "price squeezing" claim cannot be brought under Section 2 of the Sherman Act when the defendant is not under a duty to sell to the plaintiff in the first place.

A case in which the Court found that prohibiting civil claims against correction officers in their official capacities violated the Supremacy Clause of the Constitution.

A case which the Court dismissed as improvidently granted.

A case in which the Court found that a claim filed under Title IX for violation of the Equal Protection Clause of the fourteenth Amendment does not preclude the use of 42 U.S.C. Section 1983 which protects against the deprivation of any rights guaranteed by the Constitution and federal law.

A case in which the Court found that the Environmental Protection Agency (EPA) was permitted to use a cost-benefit analysis while setting national performance standards for cooling water intake structures.