Justices set January argument calendar

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After closing out 2021 with a pair of argument sessions tackling high-profile issues like abortion, gun rights, and religion, the justices will ring in 2022 with a decidedly lower-profile set of cases. In an argument calendar released on Wednesday, the Supreme Court announced that it will hear oral arguments in eight cases over five days, on topics that include Sen. Ted Cruz’s challenge to a federal campaign-finance law, religion in public places, and a case seeking to recover a Camille Pissarro painting that the plaintiff says was stolen from his relatives by the Nazis.

Here’s the full list of the cases scheduled for argument in January.

Gallardo v. Marstiller (Jan. 10): Whether a state Medicaid program can get reimbursed for past medical expenses that it has paid by taking money from a settlement or jury award that is intended to compensate for future expenses.

Johnson v. Arteaga-Martinez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the non-citizen is a flight risk or a danger to the community.

Garland v. Gonzalez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that the non-citizen is a flight risk or a danger to the community; and (2) whether, under 8 U.S.C. § 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief.

Boechler v. Commissioner of Internal Revenue (Jan. 12): Whether the 30-day time limit to file a petition for review in the U.S. Tax Court of a notice from the IRS is a jurisdictional requirement – so that the Tax Court lacks the power to review the petition when it is filed late – or instead can be extended when circumstances warrant.

Shurtleff v. Boston (Jan. 18): Whether the city’s denial of a Christian group’s request to fly its flag, bearing a Latin cross, over city hall violates the First Amendment.

Cassirer v. Thyssen-Bornemisza Collection (Jan. 18): Whether a federal court considering state-law claims brought under the Foreign Sovereign Immunities Act should apply federal common law or the forum state’s choice-of-law rules to determine what substantive law governs the claims. 

Federal Election Commission v. Ted Cruz for Senate (Jan. 19): Whether Cruz’s campaign has a right to sue to challenge restrictions on the repayment of personal loans that a candidate makes to his campaign; and whether those loan-repayment limits violate the First Amendment.

Concepcion v. United States (Jan. 19): Whether, when a court is deciding whether to resentence a defendant under the First Step Act, which gives federal district courts power to resentence offenders in light of changes in the Fair Sentencing Act of 2010, a district court must or may consider intervening developments, or whether such developments only come into play (if at all) after courts conclude that a sentence reduction is appropriate.

This article was originally published at Howe on the Court. 



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