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Joseph Zernik
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Blog: http://human-rights-alert.blogspot.com/ Date: 2011.03.17
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11-03-16 Citizens United v Federal Election Commission in the Supreme Court of the United
States - review of online records
Attached:
# Online Record Page #
in complied PDF
1) Docket - 08-205 Citizens United v Federal Election Commission 2
2) 2009 Term Court Orders [master list - jz] 16
3) Monday, February 22, 2010, Order List 20
4) 2009 Term Journal 57
5) Syllabus and Opinion of the Court - 08-205 Citizens United v Federal Election 1101
Commission
None of the online records could be deemed a valid certified judicial or clerical record.
1. Docket
The docket says:
Jan 21 2010 Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case
REMANDED. Kennedy, J., delivered the opinion of the Court, in which
Roberts, C. J., and Scalia and Alito, JJ., joined, in which Thomas, J., joined as
to all but Part IV, and in which Stevens, Ginsburg, Breyer, and Sotomayor,
JJ., joined as to Part IV. Roberts, C. J., filed a concurring opinion, in which
Alito, J., joined. Scalia, J., filed a concurring opinion, in which Alito, J., joined,
and in which Thomas, J., joined in part. Stevens, J., filed an opinion
concurring in part and dissenting in part, in which Ginsburg, Breyer, and
Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and
dissenting in part.
Feb 22 2010 JUDGMENT ISSUED.
2. 2009 Term Court Orders [master list - jz]
The header of the 2009 Term Court Orders says:
The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders.
Such an order will, for example, deny a petition for certiorari without comment. Regularly scheduled
lists of orders are issued on each Monday that the Court sits, but "miscellaneous" orders may be
issued in individual cases at any time.
Scheduled order lists are posted on this Website on the day of their issuance, while miscellaneous
orders are posted on the day of issuance or the next day.
Caution: These electronic orders may contain computer-generated errors or other deviations from the
official printed versions. Moreover, all order lists and miscellaneous orders are replaced within a few
months by paginated versions of them in a preliminary print of the United States Reports, and one year
after the issuance of the preliminary print by the final version of the orders in a U. S. Reports bound
volume. In case of discrepancies between the print and electronic versions of orders, the print version
controls. In case of discrepancies between order lists or miscellaneous orders and any later official
version of them, the later version controls.
The 2009 Term Court Orders shows:
02/22/10 Order List
z Page 2/2 March 17, 2011
The 2009 Term Court Orders shows no entry for January 21, 2009.
3. Monday, February 22, 2010, Order List
The February 22, 2010 Order List shows no entry pertaining to Citizens United v Federal Elections
Commission.
4. 2009 Term Journal
On Page 505, Journal entry appears for January 21, 2010, an abstract appears of the opinion in Citizens United
v Federal Elections Commission.
The opening statement says:
Present: Chief Justice Roberts, Justice Stevens, Justice Scalia, Jus-
tice Kennedy, Justice Thomas, Justice Ginsburg, Justice Breyer, Justice
Alito, and Justice Sotomayor.
The opening statement does not include any reference to certification.
On the next page, page 507 (no page 506 appears in the online Journal 1 ), Journal entry appears for January
25, 2010.
The opening statement says:
Present: Chief Justice Roberts, Justice Stevens, Justice Scalia, Jus-
tice Kennedy, Justice Thomas, Justice Ginsburg, Justice Alito, and Jus-
tice Sotomayor.
The Chief Justice said:
“We have issued orders today, they have been duly entered and certi-
fied, and filed with the Clerk.”
5. Syllabus and Opinion of the Court
The Syllabus (page 7) says:
KENNEDY, J., delivered the opinion of the Court, in which
ROBERTS, C. J., and SCALIA and ALITO, JJ., joined, in which
THOMAS, J., joined as to all but Part IV, and in which STEVENS,
GINSBURG, BREYER, and SO-TOMAYOR, JJ., joined as to Part
IV. ROBERTS, C. J., filed a concurring opinion, in which ALITO, J.,
joined. SCALIA, J., filed a concurring opinion, in which ALITO, J.,
joined, and in which THOMAS, J., joined in part. STEVENS, J., filed
an opinion concurring in part and dissenting in part, in which
GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. THOMAS,
J., filed an opinion concurring in part and dissenting in part.
The Opinion itself includes no further reference to papers filed by the justices.
1
The online Journal includes pages bearing Arabic numeral 1 through 1092, but a total of only 1035 such pages.
3/16/2011 Untitled Document
No. 08-205
Title: Citizens United, Appellant
v.
Federal Election Commission
Docketed: August 18, 2008
Lower Ct: United States District Court for the District of Columbia
Case Nos.: (07-2240)
Decision Date: July 18, 2008
Questions
Presented
1/13
3/16/2011 Untitled Document
Jan 15 2009 Brief amicus curiae of Chamber of Commerce of the United States of America
filed. (Distributed).
Jan 15 2009 Brief amicus curiae of American Civil Rights Union filed.
Jan 15 2009 Brief amicus curiae of Center for Competitive Politics filed.
Jan 26 2009 SET FOR ARGUMENT ON Tuesday, March 24, 2009.
Jan 27 2009 Record from the U.S.D.C. for the District of Columbia is electronically filed.
Jan 29 2009 CIRCULATED.
Feb 3 2009 Exhibits and CDs received from U.S.D.C. for the District of Columbia.
Feb 17 2009 Brief of appellee Federal Election Commission filed. (Distributed)
Feb 23 2009 Brief amici curiae of Center for Political Accountability, et al. filed. (Distributed)
Feb 24 2009 Brief amici curiae of Senator John McCain, et al. filed. (Distributed)
Mar 17 2009 Reply of appellant Citizens United, Appellant filed. (Distributed)
Mar 24 2009 Argued. For appellant: Theodore B. Olson, Washington, D.C. For appellee:
Malcolm L. Stewart, Deputy Solicitor General, Department of Justice,
Washington, D.C.
Jun 29 2009 This case is restored to the calendar for reargument. The parties are directed
to file supplemental briefs addressing the following question: For the proper
disposition of this case, should the Court overrule either or both Austin v.
Michigan Chamber of Commerce, 494 U.S. 652 (1990), and the part of
McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003), which addresses
the facial validity of Section 203 of the Bipartisan Campaign Reform Act of
2002, 2 U.S.C. �441b? The briefs, not to exceed 6,000 words, are to be filed
simultaneously with the Clerk and served upon opposing counsel on or before
2 p.m., Friday, July 24, 2009. Amicus briefs, not to exceed 4,500 words, may
be filed with the Clerk and served upon counsel to the parties by 2 p.m.,
Friday, July 31, 2009. Reply briefs, not to exceed 3,000 words, may be filed
with the Clerk and served upon opposing counsel on or before 2 p.m.,
Wednesday, August 19, 2009. The case is set for oral argument at 10 a.m.,
Wednesday, September 9, 2009.
Jul 21 2009 Consent to the filing of amicus curiae briefs in support of either party or
neither party received from counsel for the appellee.
Jul 23 2009 Motion for divided argument filed by the Solicitor General.
Jul 24 2009 Supplemental brief of appellant Citizens United, Appellant filed. (Distributed)
Jul 24 2009 Supplemental brief of appellee Federal Election Commission filed.
(Distributed)
Jul 24 2009 Supplemental brief amicus curiae of Reporters Committee for Freedom of the
Press in support of appellant filed. (Distributed)
Jul 28 2009 Brief amici curiae of Seven Former Chairmen and One Former Commissioner
of the Federal Election Commission in support of appellant filed. (Distributed)
Jul 29 2009 Brief amicus curiae of Pacific Legal Foundation in support of appellant filed.
(Distributed)
Jul 29 2009 Brief amici curiae of Program on Corporations, Law and Democracy, et al. in
support of appellee filed. (Distributed)
2/13
3/16/2011 Untitled Document
Jul 29 2009 Brief amici curiae of Center for Political Accountability, et al. in support of
Jul 30 2009 appellee to
Consent filed.
the(Distributed)
filing of amicus briefs, in support of either party or of neither
party, received from counsel for the appellant.
Jul 31 2009 Brief amicus curiae of Chamber of Commerce of the United States of America
in support of appellant filed. (Distributed).
Jul 31 2009 Brief amicus curiae of American Civil Liberties Union in support of the
appellant filed. (Distributed)
Jul 31 2009 Brief amicus curiae of Independent Sector in support of neither party filed.
(Distributed)
Jul 31 2009 Brief amici curiae of Montana, et al. in support of neither party filed.
(Distributed)
Jul 31 2009 Brief amici curiae of Former Officials of the American Civil Liberties Union in
support of neither party filed. (Distributed)
Jul 31 2009 Brief amici curiae of California Broadcasters Association, et al. in support of
appellant filed. (Distributed)
Jul 31 2009 Brief amici curiae of American Justice Partnership, et al. in support of
appellant filed. (Distributed)
Jul 31 2009 Brief amicus curiae of Institute for Justice in support of appellant filed.
(Distributed)
Jul 31 2009 Brief amicus curiae of Center for Competitive Politics in support of appellant
filed. (Distributed)
Jul 31 2009 Brief amicus curiae of Campaign Finance Scholars in support of appellant
filed. (Distributed)
Jul 31 2009 Brief amici curiae of Fidelis Center for Law and Policy, et al. filed. (Distributed)
Jul 31 2009 Brief amicus curiae of Alliance Defense Fund in support of appellant filed.
(Distributed)
Jul 31 2009 Brief amicus curiae of Senator Mitch McConnell in support of appellant filed.
(Distributed)
Jul 31 2009 Brief amicus curiae of Center for Constitutional Jurisprudence in support of
appellant filed. (Distributed)
Jul 31 2009 Brief amicus curiae of National Rifle Association in support of appellant filed.
(Distributed)
Jul 31 2009 Brief amicus curiae of Michigan Chamber of Commerce in support of appellant
filed. (Distributed)
Jul 31 2009 Brief amicus curiae of California First Amendment Coalition in support of
appellant filed. (Distributed)
Jul 31 2009 Brief amicus curiae of Cato Institute in suport of appellant filed. (Distributed)
Jul 31 2009 Brief amicus curiae of American Civil Rights Union in support of appellant
filed. (Distributed)
Jul 31 2009 Brief amici curiae of Wyoming Liberty Group, et al. in support of appellant
filed. (Distributed)
Jul 31 2009 Brief amici curiae of Free Speech Defense and Education Fund, Inc., et al., in
support of appellant filed. (Distributed)
3/13
3/16/2011 Untitled Document
Jul 31 2009 Brief amici curiae of Hachette Book Group, Inc., et al. in support of neither
party filed. (Distributed)
Jul 31 2009 Brief amicus curiae of American Federation of Labor and Congress of
Industrial Organizations in support of appellant filed. (Distributed)
Jul 31 2009 Brief amicus curiae of Committee for Economic Development in support of
appellee filed. (Distributed)
Jul 31 2009 Brief amici curiae of Center for Independent Media, et al. in support of
appellee filed. (Distributed)
Jul 31 2009 Brief amici curiae of Representatives Chris Van Hollen, et al. in support of
appellee filed. (Distributed)
Jul 31 2009 Brief amici curiae of Norman Ornstein, et al. in support of appellee filed.
(Distributed)
Jul 31 2009 Brief amici curiae of Justice at Stake, et al. in support of the appellee filed.
(Distributed)
Jul 31 2009 Brief amicus curiae of Democratic National Committee in support of appellee
filed. (Distributed)
Jul 31 2009 Brief amici curiae of Sunlight Foundation, et al. in support of appellee filed.
(Distributed)
Jul 31 2009 Brief amici curiae of Campaign Legal Center, et al. in support of appellee filed.
(Distributed)
Jul 31 2009 Brief amici curiae of League of Women Voters of the United States, et al. in
support of appellee filed. (Distributed)
Jul 31 2009 Brief amicus curiae of Public Good in support of appellee filed. (Distributed)
Jul 31 2009 Brief amici curiae of Senator John McCain, et al. in support of appellee filed.
(Distributed)
Jul 31 2009 Brief amicus curiae of American Independent Business Alliance in support of
appellee filed. (Distributed)
Jul 31 2009 Motion of Senator Mitch McConnell for leave to participate in oral argument as
amicus curiae and for divided argument filed.
Jul 31 2009 Brief amicus curiae of Judicial Watch, Inc. in support of appellant filed.
Aug 3 2009 Opposition of appellant to motion of Senator McConnell for divided argument.
Aug 10 2009 SET FOR REARGUMENT ON Wednesday, September 9, 2009.
Aug 17 2009 Motion of Senator Mitch McConnell for leave to participate in oral argument as
amicus curiae and for divided argument GRANTED.
Aug 17 2009 Motion for divided argument filed by the Solicitor General GRANTED. A total
of 80 minutes is allocated for oral argument and the time is divided as follows:
30 minutes to appellant, 10 minutes to Senator Mitch McConnell, 30 minutes
to appellee, and 10 minutes to Senator John McCain, et al.
Aug 18 2009 Motion of Wyoming Liberty Group, et al. in support of appellant for leave to
participate in oral argument as amici curiae and for divided argument filed.
Aug 19 2009 Supplemental reply of appellant Citizens United, Appellant filed. (Distributed)
Aug 19 2009 Supplemental reply of appellee Federal Election Commission filed.
(Distributed)
4/13
3/16/2011 Untitled Document
Sep 4 2009 Motion of Wyoming Liberty Group, et al. in support of appellant for leave to
participate in oral argument as amicus curiae and for divided argument
Sep 9 2009 DENIED.
Argued. For appellant: Theodore B. Olson, Washington, D.C.; and Floyd
Abrams, New York, N.Y., for Senator McConnell. For appellee: Elena Kagan,
Solicitor General, Department of Justice, Washington, D.C., and Seth P.
Waxman, Washington, D.C. for Senator McCain, et al.
Jan 21 2010 Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case
REMANDED. Kennedy, J., delivered the opinion of the Court, in which
Roberts, C. J., and Scalia and Alito, JJ., joined, in which Thomas, J., joined as
to all but Part IV, and in which Stevens, Ginsburg, Breyer, and Sotomayor,
JJ., joined as to Part IV. Roberts, C. J., filed a concurring opinion, in which
Alito, J., joined. Scalia, J., filed a concurring opinion, in which Alito, J., joined,
and in which Thomas, J., joined in part. Stevens, J., filed an opinion
concurring in part and dissenting in part, in which Ginsburg, Breyer, and
Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and
dissenting in part.
Feb 22 2010 JUDGMENT ISSUED.
Mar 30 2010 Exhibits & CS's returned to U.S.D.C. for District of Columbia.
(202) 514-
Malcolm L. Stewart Deputy Solicitor General
2201
Department of Justice
Washington, DC 20530
malcolm.l.stewart@usjoj.gov
5/13
3/16/2011 Untitled Document
Party
Other:name: Federal Election Commission
(212) 701-
Floyd Abrams Cahill Gordon & Reindel LLP
3000
80 Pine Street
New York, NY 10005
fabrams@cahill.com
Party name: Senator Mitch McConnell in support of appellant
(202) 719-
Jan Witold Baran Wiley Rein, LLP
7000
1776 K Street, N.W.
Washington, DC 20006
jbaran@wileyrein.com
Party name: Chamber of Commerce of the United States of America
(240)-863-
Benjamin Barr Government Watch, PC
8280
10737 Hunting Lane
Rockville, MD 20850
benjamin.barr@gmail.com
Party name: Wyoming Liberty Group, et al. in support of appellant
(202) 637-
H. Christopher Bartolomucci Hogan & Hartson LLP
5810
555 Thirteenth Street, N.W.
Washington, DC 20004
christopher.bartolomucci@hoganlovells.com
Party name: Norman Ornstein, et al. in support of appellee
(202) 628-
Robert F. Bauer Perkins Coie LLP
6600
607 14th Street, NW
Washington, DC 20005
Party name: Democratic National Committee in support of appellee
(812) 232-
James Bopp Jr. Bopp, Coleson & Bostrom
2434
1 South 6th Street
Terre Haute, IN 47807-3510
jboppjr@aol.com
6/13
3/16/2011 Untitled Document
Party name: Seven Former Chairmen and One Former Commissioner of the Federal Election
Commission
(480) 444-
Benjamin W. Bull Alliance Defense Fund
0020
15100 N. 90th Street
Scottsdale, AZ 85260
Party name: Alliance Defense Fund in support of appellant
(714) 628-
Anthony T. Caso Center for Constitutional Jurisprudence
2530
c/o Chapman University School of Law
One University Drive
Orange, CA 92886
caso@chapman.edu
Party name: Center for Constitutional Jurisprudence
(212) 768-
M. Devereux Chatillon Sonnenschein Nath & Rosenthal LLP
6700
1221 Avenue of the Americas
New York, NY 10020-1089
DChatillon@Sonnenschein.com
Party name: Independent Sector in support of neither party
(212) 455-
Michael J. Chepiga Simpson Thacher & Bartlett LLP
2000
425 Lexington Ave.
New York, NY 10017
Party name: Hachette Book Group, Inc. , et al. in support of neither party
(978)-287-
Jeffrey D. Clements Clements Law Office LLC
4901
Suite 4B-b
9 Damonmill Square
Concord, MA 01742
jclements@clementsllc.com
Party name: Program on Corporations, Law and Democracy, et al. in support of appellee
(202) 220-
Charles J. Cooper Cooper & Kirk, PLLC
9600
1523 New Hampshire Avenue, N.W.
7/13
3/16/2011 Untitled Document
Washington, DC 20036
ccooper@cooperkirk.com
Party name: National Rifle Association in support of appellant
(910)-326-
Deborah Dewart 620 E. Sabiston Drive
4554
Swansboro, NC 28584-9674
debcpalaw@earthlink.net
Party name: Foundation for Free Expression
(212) 998-
Norman Dorsen Stokes Professor of Law
6172
New York University School of Law
40 Washington Square South
New York, NY 10012
norman.dorsen@nyu.edu
Party name: Former Officials of the American Civil Liberties Union in support of neither partyi
(703) 582-
Peter J. Ferrara American Civil Rights Union
8466
1232 Pine Hill Road
McLean, VA 22101
peterferrara@msn.com
Party name: American Civil Rights Union
(312) 276-
Patrick T. Gillen Fidelis Center for Law & Policy
5109
190 South LaSalle Street
Suite 2130
Chicago, IL 60603
Party name: Fidelis Center for Law and Policy, et al.
(202) 637-
Laurence E. Gold AFL-CIO
5130
815 Sixteenth Street, N.W.
8/13
3/16/2011 Untitled Document
Washington, DC 20006
lgold@aflcio.org
Party name: American Federation of Labor and Congress of Industrial Organizations in support of
appellant
(703) 894-
Allison R. Hayward Professor
6800
Center for Competitive Politics
124 S. West Street, Suite 201
Alesandria, VA 22314
ahaward@campaignfreedom
Party name: Campaign Finance Scholars in support of appellant
(703) 894-
Stephen M. Hoersting Center for Competitive Politics
6800
124 S. West Street
Suite 201
Alexandria, VA 22314
shoersting@campaignfreedom.org
Party name: Center for Competitive Politics in support of appellant
(310) 979-
Jean-Paul Jassy Bostwick & Jassy LLP
6059
12400 Wilshire Blvd. Suite 400
Los Angeles, CA 90025
jpjassy@bostwickjassy.com
Party name: California First Amendment Coalition in support of appellant
(406)-444-
Anthony Johnstone Solicitor
2026
Department of Justice
215 North Sanders.
P.O.Box 201401
Helena, MT 59620-1401
ajohnstone@mt.gov
Party name: Montana, et al. in support of neither party
(916) 419-
Deborah J. La Fetra Pacific Legal Foundation
7111
3900 Lennane Dr., Suite 200
Sacramento, CA 95834
9/13
3/16/2011 Untitled Document
djl@pacificlegal.org
Party name: Pacific Legal Foundation in support of appellant
(206) 341-
William R. Maurer Institute for Justice
9300
101 Yesler Way, Suite 603
Seattle, WA 98104
Party name: Institute for Justice
(517) 374-
Richard D. McLellan Dykema Gossett PLLC
9181
201 Townsent Street
Suite 900
Lansing, MI 48933
Party name: Michigan Chamber of Commerce in support of appellant
(510) 548-
Seth E. Mermin Public Good
4064
3130 Shattuck Avenue
Berkeley, CA 94705
Party name: Public Good in support of appellee
(202) 295-
Cleta Mitchell Foley & Lardner LLP
5300
Washington Harbour
3000 K Street, NW , Suite 600
Washinton, DC 20007
Party name: American Justice Partnership, et al. in support of appellant
(202) 588-
Scott L. Nelson Public Citizen Litigation
1000
1600 20th Street, N.W.
Washington, DC 20009
snelson@citizen.org
Party name: Senator John McCain, et al.
(202) 857-
Lawrence H. Norton -Womble Carlyle Sandridge & Rice
4429
1401 I Street, NW Seventh Floor
Washington, DC 20005
Party name: California Broadcasters Association, et al. in support of appellant
10/13
3/16/2011 Untitled Document
(703) 356-
William J. Olson William J.Olson PC
5070
370 Maple Avenue West, Suite 4
Vienna, VA 22180-5615
wjo@mindspring.com
Party name: Free Speech Defense and Education Fund, Inc., et al.
(202) 646-
Paul J. Orfanedes Judicial Watch, Inc.
5172
425 Third Street, S.W., Suite 800
Washington, DC 20024
porfanedes@judicialwatch.org
Party name: Judicial Watch, Inc.
(213) 683-
Bradley S. Phillips Munger Tolles & Olson LLP
9100
355 South Grand Ave., 35th Floor
Los Angeles, CA 90071-1560
brad.phillips@mto.com
Party name: Representatives Chris Van Hollen, et al. in support of appellee
(202) 736-
Trevor Potter Campaign Legal Center
2200
1640 Rhode Island Ave., N.W.
Washington, DC 20036
Party name: Campaign Legal Center, et al. in support of appellee
(202)-628-
Karl J. Sandstrom Perkins Coie LLP
6600
607 14th Street NW 8th Floor
Washington, DC 20005
ksandstrom@perkinscoie.com
Party name: Center for Political Accountability, et al. in support of appellee
(303) 863-
James Eckford Scarboro Arnold & Porter, LLP
1000
370 17th Street, suite 4500
Denver, CO 80202
James.Scarboro@aporter.com
11/13
3/16/2011 Untitled Document
(212) 549-
Steven R. Shapiro American Civil Liberties Union Foundation
2500
125 Broad Street
New York, NY 10004
sshapiro@aclu.org
Party name: American Civil Liberties Union in support of the appellant
(703) 682-
Steven M. Simpson Institute for Justice
9320
Institute for Justice
901 North Glebe Road, Suite 900
Arlington, VA 22203
ssimpson@ij.org
Party name: Institute for Justice in support of appellant
(202) 639-
Paul M. Smith Jenner & Block LLP
6000
1099 New York Avenue, N.W., Suite 900
Washington, DC 20001
PSmith@jenner.com
Party name: Committee for Economic Development in support of appellee
(201) 488-
Gary S. Stein Pashman Stein PC
8200
Court Plaza South
21 Main Street, Suite 100
Hackensack, NJ 07601
Party name: Sunlight Foundation, et al. in support of appellee
(202) 663-
Seth P. Waxman Wilmer Cutler Pickering Hale and Dorr LLP
6000
1875 Pennsylvania Avenue, N.W.
Washington, DC 20006
seth.waxman@wilmerhale.com
(202)-457-
Benjamin D. Wood Patton Boggs LLP
6000
2550 M Street, NW
Washington, DC 20037
12/13
3/16/2011 Untitled Document
Party name: Cato Institute in suport of appellant
(617) 232-
Brenda Wright 358 Chestnut Hill Avenue
5885
Suite 303
Brighton, MA 02135
bwright@demos.org
Party name: American Independent Business Alliance in support of appellee
(202) 296-
Elizabeth B. Wydra Constitutional Accountability Center
6889
1200 18th St., N.W., Suite 1002
Washington, DC 20036
elizabeth@theusconstitution.org
Party name: League of Women Voters of the United States, et al. in support of appellee
13/13
3/16/2011 Untitled Document
The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders. Such an order
will, for example, deny a petition for certiorari without comment. Regularly scheduled lists of orders are issued on
each Monday that the Court sits, but "miscellaneous" orders may be issued in individual cases at any time.
Scheduled order lists are posted on this Website on the day of their issuance, while miscellaneous orders are
posted on the day of issuance or the next day.
Caution: These electronic orders may contain computer-generated errors or other deviations from the official printed
versions. Moreover, all order lists and miscellaneous orders are replaced within a few months by paginated versions
of them in a preliminary print of the United States Reports, and one year after the issuance of the preliminary print by
the final version of the orders in a U. S. Reports bound volume. In case of discrepancies between the print and
electronic versions of orders, the print version controls. In case of discrepancies between order lists or
miscellaneous orders and any later official version of them, the later version controls.
4/4
(ORDER LIST: 559 U.S.)
are denied.
CERTIORARI GRANTED
(1984)?
CERTIORARI DENIED
09-7916 A. H. V. PENNSYLVANIA
09-7917 C. G. V. PENNSYLVANIA
09-7924 K. E. H. V. PENNSYLVANIA
10
11
12
13
14
15
petition.
16
The motion of DRI - The Voice of the Defense Bar for leave
is denied.
petitions.
petition.
17
unless the docketing fee required by Rule 38(a) is paid and the
cited therein.
petition.
petitions.
18
petitions.
MANDAMUS DENIED
19
REHEARINGS DENIED
20
21
Per Curiam
PER CURIAM.
In Hudson v. McMillian, 503 U. S. 1, 4 (1992), this
Court held that “the use of excessive physical force against
a prisoner may constitute cruel and unusual punishment
[even] when the inmate does not suffer serious injury.” In
this case, the District Court dismissed a prisoner’s exces
sive force claim based entirely on its determination that
his injuries were “de minimis.” Because the District
Court’s approach, affirmed on appeal, is at odds with
Hudson’s direction to decide excessive force claims based
on the nature of the force rather than the extent of the
injury, the petition for certiorari is granted, and the judg
ment is reversed.
I
In March 2008, petitioner Jamey Wilkins, a North
Carolina state prisoner, filed suit in the United States
District Court for the Western District of North Carolina
pursuant to 42 U. S. C. §1983. Wilkins’ pro se complaint
alleged that, on June 13, 2007, he was “maliciously and
sadistically” assaulted “[w]ithout any provocation” by a
corrections officer, respondent Gaddy.1 App. to Pet. for
Cert. C–4. According to the complaint, Gaddy, apparently
angered by Wilkins’ request for a grievance form,
“snatched [Wilkins] off the ground and slammed him onto
the concrete floor.” Ibid. Gaddy “then proceeded to punch,
kick, knee and choke [Wilkins] until another officer had to
——————
1 The materials in the record do not disclose Gaddy’s full name.
2 WILKINS v. GADDY
Per Curiam
Per Curiam
Per Curiam
Per Curiam
Per Curiam
Per Curiam
It is so ordered.
——————
survived dismissal for failure to state a claim because that court’s
precedents have classified the sort of injuries alleged here as non-de
minimis. See, e.g., ibid. (permitting a prisoner’s Eighth Amendment
excessive force claim to proceed to trial where evidence indicated that
the prisoner suffered “one-centimeter abrasions on both his left knee
and left shoulder, pain in his right knee, and tenderness around his left
thumb,” as well as “back problems”); Gomez, 163 F. 3d, at 922 (refusing
to grant summary judgment on de minimis injury grounds where the
prisoner alleged “physical pain [and] bodily injuries in the form of cuts,
scrapes, [and] contusions to the face, head, and body”).
Cite as: 559 U. S. ____ (2010) 1
Per Curiam
HAYNES
PER CURIAM.
This case presents the question whether any decision of
this Court “clearly establishes” that a judge, in ruling on
an objection to a peremptory challenge under Batson v.
Kentucky, 476 U. S. 79 (1986), must reject a demeanor
based explanation for the challenge unless the judge per
sonally observed and recalls the aspect of the prospective
juror’s demeanor on which the explanation is based. The
Court of Appeals appears to have concluded that either
Batson itself or Snyder v. Louisiana, 552 U. S. 472 (2008),
clearly established such a rule, but the Court of Appeals
read far too much into those decisions, and its holding, if
allowed to stand, would have important implications. We
therefore grant the petition for certiorari, grant respon
dent’s motion to proceed in forma pauperis, and reverse
the judgment of the Court of Appeals.
I
Respondent was tried in a Texas state court for the
murder of a police officer, and the State sought the death
penalty. During voir dire, two judges presided at different
stages. Judge Harper presided when the attorneys ques
tioned the prospective jurors individually, but Judge
Wallace took over when peremptory challenges were exer
cised. When the prosecutor struck an African-American
juror named Owens, respondent’s attorney raised a Batson
2 THALER v. HAYNES
Per Curiam
Per Curiam
trial judge who has not witnessed the voir dire may
refer to the record,” id., at 173–174 (footnote omitted).
With respect to the strike of juror Owens, the court held
that Judge Wallace’s acceptance of the prosecutor’s expla
nation was not clearly erroneous and noted that “[t]he
record does reflect that Owens was congenial and easygo
ing during voir dire and that her attitude was less formal
than that of other veniremembers.” Id., at 172. This
Court denied respondent’s petition for a writ of certiorari.
Haynes v. Texas, 535 U. S. 999 (2002).
After the Texas courts denied his application for state
habeas relief, respondent filed a federal habeas petition.
The District Court denied the petition and observed that
this Court had never held that the deference to state-court
factual determinations that is mandated by the federal
habeas statute is inapplicable when the judge ruling on a
Batson objection did not observe the jury selection. App.
to Pet. for Cert. 80, n. 10.
A panel of the Court of Appeals granted a certificate of
appealability with respect to respondent’s Batson objec
tions concerning Owens and one other prospective juror.
Haynes v. Quarterman, 526 F. 3d 189, 202 (CA5 2008). In
its opinion granting the certificate, the panel discussed
our opinion in Snyder at length and then concluded:
“Under Snyder’s application of Batson, . . . an appel
late court applying Batson arguably should find clear
error when the record reflects that the trial court was
not able to verify the aspect of the juror’s demeanor
upon which the prosecutor based his or her peremp
tory challenge.” 526 F. 3d, at 199.
When the same panel later ruled on the merits of re
spondent’s Batson claim regarding juror Owens,1 the court
——————
1 Because the panel held that the strike of Owens violated Batson, the
panel did not rule on the legitimacy of the other strike as to which a
4 THALER v. HAYNES
Per Curiam
Per Curiam
Per Curiam
case, the judge who presided over the voir dire also ruled
on the Batson objections, and thus we had no occasion to
consider how Batson applies when different judges preside
over these two stages of the jury selection process. Sny
der, 552 U. S., at 475–478. The part of Snyder on which
the Court of Appeals relied concerned a very different
problem. The prosecutor in that case asserted that he had
exercised a peremptory challenge for two reasons, one of
which was based on demeanor (i.e., that the juror had
appeared to be nervous), and the trial judge overruled the
Batson objection without explanation. 552 U. S., at 478–
479. We concluded that the record refuted the explanation
that was not based on demeanor and, in light of the par
ticular circumstances of the case, we held that the per
emptory challenge could not be sustained on the de
meanor-based ground, which might not have figured in the
trial judge’s unexplained ruling. Id., at 479–486. Nothing
in this analysis supports the blanket rule on which the
decision below appears to rest.
The opinion in Snyder did note that when the explana
tion for a peremptory challenge “invoke[s] a juror’s de
meanor,” the trial judge’s “first hand observations” are of
great importance. Id., at 477. And in explaining why we
could not assume that the trial judge had credited the
claim that the juror was nervous, we noted that, because
the peremptory challenge was not exercised until some
time after the juror was questioned, the trial judge might
not have recalled the juror’s demeanor. Id., at 479. These
observations do not suggest that, in the absence of a per
——————
Appeals seems to have concluded), Snyder could not have constituted
“clearly established Federal law as determined by” this Court for
purposes of respondent’s habeas petition because we decided Snyder
nearly six years after his conviction became final and more than six
years after the relevant state-court decision. See Williams v. Taylor,
529 U. S. 362, 390 (2000) (opinion for the Court by STEVENS, J.); id., at
412 (opinion for the Court by O’Connor, J.).
Cite as: 559 U. S. ____ (2010) 7
Per Curiam
Reference Index
Contents: Page
Statistics ....................................................................................... II
Arguments ................................................................................... IV
Attorneys ...................................................................................... IV
Briefs ............................................................................................. IV
Certiorari ..................................................................................... V
Motions ......................................................................................... VI
Opinions ........................................................................................ VI
(I)
JNL09$STAT—08-02-10 13:08:35 JNLINDPGT MILES
II
Paid In Forma
Original Pauperis Total
Cases
Cases
III
GENERAL: Page
APPEALS:
Dismissed for want of jurisdiction with explanation
(09–46 & 09–553; 09–797) ................................................ 479, 917
Jurisdiction Postponed (09–1233) ........................................... 941
Judgment affirmed, three Justices would note probable
jurisdiction (09–1287) ........................................................... 1033
APPLICATIONS:
Amicus briefs filed in capital case (09A1061; 09–1345) ..... 867
Application to vacate stay denied without prejudice
(09A736; 09A1133)............................................................. 539, 916
Dissent to granting of temporary stay and stay
(09A648) .............................................................................. 469, 475
Dissenting statement to denial of stay (10A52) .................. 1039
Preliminary injunction denied (Org. 1, 2, 3) ......................... 481
Stay of District Court order in per curiam opinion
(09A648) .................................................................................. 475
IV
ATTORNEYS:
Court appointed amicus to brief and argue in support of
judgment below (09–6822)................................................... 1043
Motion for appointment of counsel granted (08–7412; 08–
1569; 09–5327; 09–158; 09–338; 09–367; 09–150; 09–7073;
09–5801; 09–868; 09–9000) .................................. 5, 300, 373, 421,
CERTIFIED QUESTIONS:
Certified question dismissed (09–166) ................................... 244
CERTIORARI:
(08–1596) ................................................................................. 5
GRANTED CASES:
Briefing schedule for cross-petitions amended (08–1498 &
VI
VII
OPINIONS:
Concurring opinion announced (08–964) ............................... 1029
Concurring opinion in order granting vacating and re
manding (08–1307) ................................................................ 737
Concurring opinion in the denial of the petition for certio
rari (09–7839) ......................................................................... 370
Dissenting opinion announced (08–1498 & 09–89; 08–1521;
08–861) .................................................................... 997, 1029, 1030
Dissenting opinion from denial of certiorari (08–1385; 09–
35; 09–671).................................................................. 230, 525, 673
Dissenting opinion from order granting, vacating and re
manding (08–10314; 08–1229; 08–7721; 08–1307; 09–
8854) .................................................................. 333, 591, 737, 1033
Justice Alito recused (08–992; 08–6338) ............................ 393, 969
Justice Breyer recused (09–475) ............................................. 997
Justice Sotomayor recused (08–969; 08–103; 09–810; 08–
1198; 08–1341; 08–1191)................. 530, 621, 773, 799, 888, 1004
Justice Stevens recused (08–1151).......................................... 969
Opinion concurring in part and dissenting in part an
nounced (08–205) ................................................................... 505
Per Curiam; argued cases; (07–11191; 08–7621; 08–6261;
08–1196) ............................................................ 530, 861, 889, 1003
Per Curiam granting application for stay (09A648) .......... 475
Per Curiam certifying question to Montana Supreme
Court (09–940) ....................................................................... 917
Per Curiam in granted case but not argued (08–1234) ..... 591
Per Curiam; no argument (08–10495; 09–144; 08–1263;
08–10537; 09–91; 08–559; 09–5270; 08–10914; 09–273;
09–5731; 09–8852; 09–8854) ..................................................... 219,
281, 299, 333, 373, 421, 479, 543, 869, 1033
Special sitting to release opinion (08–205) ........................... 505
Statement respecting the denial of certiorari (08–1407;
09–7328; 09–7839; 09–9634) ............................. 204, 296, 370, 927
Statement respecting the dismissal of the certified ques
tion (09–166)........................................................................... 244
ORIGINAL CASES:
1, 2 & 3 Original, Preliminary injunction denied................ 481
1, 2 & 3 Original, Renewed motion for preliminary injunc
tion denied.............................................................................. 648
VIII
REHEARING:
RULES:
STAYS:
CONCLUSION:
Certiorari—Summary Dispositions
No. 08–906. Joseph Afanwi, Petitioner v. Eric H. Holder, Jr., Attor
ney General. On petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
Court of Appeals for the Fourth Circuit for further consideration in
light of the position asserted by the Solicitor General in her brief for
the respondent filed August 26, 2009.
No. 08–10150. Martin Frankel, Petitioner v. United States. On peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit. Motion of petitioner for leave to proceed in forma
pauperis and petition for writ of certiorari granted. Judgment vacated,
and case remanded to the United States Court of Appeals for the Sec
ond Circuit for further consideration in light of the position asserted
by the Solicitor General in her brief for the United States filed August
4, 2009.
No. 09–5115. Kevin M. Hamilton, Petitioner v. Massachusetts. On
petition for writ of certiorari to the Appeals Court of Massachusetts.
Motion of petitioner for leave to proceed in forma pauperis and peti
tion for writ of certiorari granted. Judgment vacated, and case re
manded to the Appeals Court of Massachusetts for further consider
ation in light of Melendez-Diaz v. Massachusetts, 557 U. S. ––– (2009).
Certiorari Denied
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 08–10737. Kirby Perritte, Petitioner v. Florida. Petition for writ
of certiorari to the District Court of Appeal of Florida, Fifth District,
denied.
No. 08–10738. Maurice Pierre Olivier, Petitioner v. California. Peti
tion for writ of certiorari to the Court of Appeal of California, Second
Appellate District, denied.
No. 08–10739. Mondric Bradley, Petitioner v. Mississippi. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 08–10740. James Edward Brown, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 08–10741. Chris J. Jacobs, Petitioner v. Wisconsin. Petition for
writ of certiorari to the Court of Appeals of Wisconsin, District III,
denied.
No. 08–10742. Jason Newell, Petitioner v. Walter A. McNeil, Secre
tary, Florida Department of Corrections. Petition for writ of certiorari
to the Supreme Court of Florida denied.
No. 08–10743. Theodore W. Oswald, Petitioner v. Michael Thurmer,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied.
No. 08–10744. Chaddrick Levell Thomas, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Eleventh Circuit denied.
No. 08–10745. Eddie Lamar Taylor, Petitioner v. North Carolina.
Petition for writ of certiorari to the Supreme Court of North Caro
lina denied.
No. 08–10746. Everett Watson, Petitioner v. City of Akron, Ohio,
et al. Petition for writ of certiorari to the Court of Appeals of Ohio,
Summit County, denied.
No. 08–10747. Scott Koth, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 08–10748. Babatunde Osiname, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
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for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this petition.
No. 08–1358. Brandy Aileen Holmes, Petitioner v. Louisiana. Motion
of National Organization on Fetal Alcohol Syndrome for leave to file a
brief as amicus curiae granted. Motion of Constitution Project for
leave to file a brief as amicus curiae granted. Motion of Louisiana
Association of Criminal Lawyers for leave to file a brief as amicus
curiae granted. Motion of National Center on Domestic and Sexual
Violence, et al. for leave to file a brief as amici curiae granted. Petition
for writ of certiorari to the Supreme Court of Louisiana denied.
No. 08–1361. Swisher International, Inc., Petitioner v. Thomas J.
Vilsack, Secretary of Agriculture. Motion of Pacific Legal Foundation,
et al. for leave to file a brief as amici curiae granted. Petition for writ
of certiorari to the United States Court of Appeals for the Eleventh
Circuit denied.
No. 08–1389. John Prelesnik, Warden, Petitioner v. Chamar Avery.
Motion of respondent for leave to proceed in forma pauperis granted.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 08–1425. Robert Welch, Warden, Petitioner v. John C. Moore, Jr.
Motion of respondent for leave to proceed in forma pauperis granted.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 08–1436. Gerald K. Smith, as Litigation Trustee of the Farmland
Dairies LLC Litigation Trust, et al., Petitioners v. Bank of America
Corporation, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 08–1439. Susan Roe, Jr., et al., Petitioners v. City of Waterbury,
Connecticut, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 08–1459. Michigan, Petitioner v. Jasmine Dorsey. Motion of re
spondent for leave to proceed in forma pauperis granted. Petition for
writ of certiorari to the Court of Appeals of Michigan denied.
No. 08–1479. Pfizer, Inc., Petitioner v. James D. Dotson; and
No. 09–29. James D. Dotson, Petitioner v. Pfizer Inc. Petitions for
writs of certiorari to the United States Court of Appeals for the Fourth
Circuit denied. The Chief Justice took no part in the consideration or
decision of these petitions.
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Mandamus Denied
No. 08–1559. In Re John L. Corrigan, Petitioner;
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Prohibition Denied
No. 08–10941. In Re Michael Telemaque, Petitioner. Petition for writ
of prohibition denied.
Rehearings Denied
No. 08–7213. Stephen Gill and Barbara Anne Riley, Petitioners v.
United States;
No. 08–9569. Dana Linn Flynn, Petitioner v. Kansas, et al.;
No. 08–9773. Danny Hawk, Petitioner v. James K. Redding, et al.;
and Danny Hawk, Petitioner v. James K. Redding, et al.;
No. 08–9942. Wesley Edward Smith, Petitioner v. Washington Mu
tual Bank FA, et al.;
No. 08–9980. David Sonachansingh, aka Archie, Petitioner v. New
York;
No. 08–10034. David Lee Ballard, Petitioner v. Nicholas Simien,
et al.;
No. 08–10044. Kevin Lawrence Hendrickson, Petitioner v.
Washington;
No. 08–10217. Rodica Waivio, Petitioner v. Board of Trustees of the
University of Illinois at Chicago, et al.; and
No. 08–10218. Donna Marie Conner, Petitioner v. Lions Gate Enter
tainment Corporation, et al. Petitions for rehearing denied.
No. 08–9749. Yvonne Pearson, Petitioner v. Bestcare, et al. Motion
for leave to file a petition for rehearing denied.
Eisenberg
Bishop
Laurie Wilmore Half Moon Bay, Sandra Uribe
CA
Julie Pauline Wilson Milwaukee, WI Raymond J. Pollen
Douglas Neil Yeargin West Palm Beach, Claudia Modder
FL McKenna
Bennett G. Young San Francisco, CA Margaret A.
Keane
Steven Y. Yurowitz New York, NY Richard Alfred
Greenberg
Donald Henry Zeigler, III Monroe, LA D. Brian Allen
Admissions to the Bar on Oral Motions
Applicant City and State Movant
Gulick
the Court, supporting the petitioner, and by Ms. Celia A. Davis for
the respondent.
No. 08–678. Mohawk Industries, Inc., Petitioner v. Norman Carpen
ter. Argued by Mr. Randall L. Allen for the petitioner, by Ms. Judith
Resnik for the respondent, and by Mr. Edwin S. Kneedler for the
United States as amicus curiae, by special leave of the Court, support
ing the respondent.
Oral Arguments
No. 08–769. United States, Petitioner v. Robert J. Stevens. Argued
by Mr. Neal K. Katyal for the petitioner and by Ms. Patricia A. Millett
for the respondent.
No. 08–6925. Curtis Darnell Johnson, Petitioner v. United States.
Argued by Ms. Lisa Call for the petitioner and by Ms. Leondra R.
Kruger for the respondent.
No. 08–728. Taylor James Bloate, Petitioner v. United States. Ar
gued by Mr. Mark T. Stancil for the petitioner and by Mr. Matthew D.
Roberts for the respondent.
The Chief Justice said:
“Before we rise for the afternoon, I would like to note that we are
very pleased to have visiting with us today President Augusto Ibáñez
and other members of the Colombian Supreme Court. Welcome.”
Oral Arguments
No. 08–472. Ken L. Salazar, Secretary of the Interior, et al., Peti
tioners v. Frank Buono. Argued by Ms. Solicitor General Elena Kagan
for the petitioners and by Mr. Peter J. Eliasberg for the respondent.
No. 08–103. Reed Elsevier, Inc., et al., Petitioners v. Irvin Muchnick,
et al. Argued by Mr. Charles S. Sims for the petitioners, by Ms. Ginger
Anders for the United States as amicus curiae, by special leave of the
Court, supporting the petitioners, and by Ms. Deborah Jones Merritt,
appointed by this Court, as amicus curiae, supporting the judgment
below. Justice Sotomayor recused.
No. 08–604. Union Pacific Railroad Company, Petitioner v. Brother
hood of Locomotive Engineers and Trainmen General Committee of
Adjustment, Central Region. Argued by Mr. J. Scott Ballenger for the
petitioner and by Mr. Thomas H. Geoghegan for the respondent.
Attorney Discipline
Donahue
Davis
Anthony Marino Eleftheri Indianapolis, IN Sharon Funcheon
Murphy
Thomas J. Fisher Alexandria, VA Arthur Irwin
Neustadt
Joseph P. Garland White Plains, NY I. Stephen Rabin
Julie Jarrell Gresham Biloxi, MS Stephen James
Carmody
William H. Gussman, Jr. New York, NY Howard Owen
Godnick
Jennifer Sullivan Hanson Atlanta, GA Bruce Steven
Harvey
Barry J. Herman Alexandria, VA Arthur Irwin
Neustadt
David Edward Hollar Chicago, IL Honorable Elena
Kagan, Solicitor
General of the
United States
James G. Hunt Helena, MT William E. Hunt
Gary K. Hunter, Jr. Tallahassee, FL Richard S.
Brightman
Max Thomas Hyde, Jr. Spartanburg, SC John B. White, Jr.
Zandra Lynn Johnson Greenville, SC Natalma M.
McKnew
George Wilton Kuney Knoxville, TN Penny J. White
Gaby Lorraine Longsworth Washington, DC Robert Greene
Sterne
Kristopher K. Madsen Council Bluffs, IA Michael Arthur
Sciortino
Philip William Marsh Washington, DC Allan M. Soobert
Aaron Michael McKown Newport Beach, Jeffery W. Ring
CA
John Chester Mitby Madison, WI Frank J. Bucaida
Roy L. Morris Washington, DC David B. B.
Helfrey
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Oral Arguments
No. 08–351. Anita Alvarez, Cook County State’s Attorney, Petitioner
v. Chermane Smith, et al. Argued by Mr. Paul Castiglione for the peti
tioner, by Mr. William M. Jay for the United States as amicus curiae,
by special leave of the Court, supporting the petitioner, and by
Mr. Thomas Peters for the respondents.
No. 970. Sonny Perdue, Governor of Georgia, et al., Petitioners v.
Kenny A., By His Next Friend Linda Winn, et al. Argued by Mr. Mark
H. Cohen for the petitioners, by Mr. Pratik A. Shah for the United
States as amicus curiae, by special leave of the Court, supporting the
petitioners, and by Mr. Paul D. Clement for the respondents.
Certiorari Granted
No. 08–1234. Jamal Kiyemba, et al., Petitioners v. Barack H. Obama,
President of the United States, et al. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit granted.
No. 08–1553. Kawasaki Kisen Kaisha Ltd., et al., Petitioners v.
Regal-Beloit Corporation, et al.; and
No. 08–1554. Union Pacific Railroad Company, Petitioner v. Regal-
Beloit Corporation, et al. Petitions for writs of certiorari to the United
States Court of Appeals for the Ninth Circuit granted. The cases are
consolidated and a total of one hour is allotted for oral argument.
Certiorari Denied
No. 08–1427. Corey Alan Brockman, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 08–1428. John Burkey, Petitioner v. Helen J. Marberry, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 08–1453. Tommy Ray Rollins, Jr., Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
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Mandamus Denied
No. 09–204. In Re Susan V. Klat, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
No. 09–5944. In Re Gary B. Williams, Petitioner;
No. 09–6024. In Re Julian Rochester, Petitioner; and
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Rehearing Denied
No. 09–5004 (09A338). Mark Howard McClain, Petitioner v. Hilton
Hall, Warden. Application for stay of execution of sentence of death
presented to Justice Thomas and by him referred to the Court denied.
Petition for rehearing denied.
Certiorari Denied
No. 09–7104 (09A363). Mark Howard McClain, Petitioner v. Stephen
Upton, Warden. Application for stay of execution of sentence of death
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Certiorari Denied
No. 09–7211 (09A391). Reginald Blanton, Petitioner v. Texas. Appli
cation for stay of execution of sentence of death presented to Justice
Scalia and by him referred to the Court denied. Petition for writ of
certiorari to the Court of Criminal Appeals of Texas denied.
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Certiorari—Summary Disposition
Certiorari Granted
Certificate Dismissed
Certiorari Denied
the United States Court of Appeals for the Fifth Circuit dismissed.
See Rule 39.8.
No. 08–10844. Richard L. Norton, Petitioner v. Officer Norris, et al.
Motion of petitioner for leave to proceed in forma pauperis denied,
and petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit dismissed. See Rule 39.8.
No. 08–10942. James I. Tibbs, Petitioner v. William McWhorter,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit dismissed. See Rule 39.8.
No. 08–10982. Yasin Muhammed Basardh, Petitioner v. Robert M.
Gates, Secretary of Defense, et al. Petition for writ of certiorari before
judgment to the United States Court of Appeals for the District of
Columbia Circuit denied.
No. 08–11023. Gary Lee Wheeler, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections, et al. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of certiorari to the United States Court of Appeals for the Elev
enth Circuit dismissed. See Rule 39.8.
No. 09–28. Jack E. Easterday, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied. Justice Breyer took no part in the consideration
or decision of this petition.
No. 09–49. Pavel Ivanovich Lazarenko, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied. Justice Breyer took no part in the consid
eration or decision of this petition.
No. 09–74. Keith Smith, Warden, Petitioner v. Maurice A. Mason.
Motion of respondent for leave to proceed in forma pauperis granted.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 09–104. Ad Hoc Committee of Kenton County Bondholders, Peti
tioner v. Delta Air Lines, Inc., et al. Motion of Professor George W.
Kuney for leave to file a brief as amicus curiae granted. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this motion and this petition.
No. 09–141. Julie M. Bennett, Petitioner v. Verizon Wireless. Peti
tion for writ of certiorari to the United States Court of Appeals for
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Mandamus Denied
No. 09–6157. In Re Charles McCorvey, Petitioner;
No. 09–6268. In Re Roosevelt Carter, Petitioner;
No. 09–6434. In Re Tommie H. Telfair, Petitioner; and
No. 09–6776. In Re Daniel Garraud, Petitioner. Petitions for writs
of mandamus denied.
No. 08–10694. In Re Julian Rochester, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus dismissed. See Rule 39.8.
No. 09–5102. In Re Gary Lee Wheeler, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
JNL09$1102—07-27-10 17:34:05 JOURNAPGT MILES
Prohibition Denied
Tarbert
Smith
Laurance Browning Lexington, KY Roy Burl
VanMeter McCoy, Jr.
Michael Anthony Waryasz Boston, MA Murray Allan
Kohn
Lacy Elaine Wilber Nashville, TN Rachel West
Harmon
Sandra Lynn Wright Shelby Township, Anthony Thomas
MI Sheehan
Steven A. Wright Shelby Township, Anthony Thomas
MI Sheehan
David Joel Zelner Chicago, IL Edward Fortune
McHale
Admissions to the Bar on Oral Motions
Applicant City and State Movant
Landau
Heights, IL Landau
Oral Arguments
Oral Arguments
No. 08–1065. Pottawattamie County, Iowa, et al., Petitioners v. Cur
tis W. McGhee, Jr., et al. Argued by Mr. Stephen Sanders, pro hac vice,
by special leave of the Court, for the petitioners, by Mr. Neil K. Katyal
for the United States as amicus curiae, by special leave of the Court,
supporting the petitioners, and by Mr. Paul D. Clement for the
respondents.
No. 08–9156. Holly Wood, Petitioner v. Richard F. Allen, Commis
sioner, Alabama Department of Corrections, et al. Argued by
Mr. Kerry A. Scanlon for the petitioner and by Mr. Solicitor General
Corey L. Maze for the respondents.
peatedly abused this Court’s process, the Clerk is directed not to accept
any further petitions in noncriminal matters from petitioner unless the
docketing fee required by Rule 38(a) is paid and petition submitted in
compliance with Rule 33.1. See Martin v. District of Columbia Court
of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Stevens dissents.
See id., at 4, and cases cited therein.
No. 09–6715. Kirk Leaphart, Petitioner v. City of Detroit, Michigan,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the Court of Appeals of
Michigan dismissed. See Rule 39.8. As petitioner has repeatedly abused
this Court’s process, the Clerk is directed not to accept any further
petitions in noncriminal matters from petitioner unless the docketing
fee required by Rule 38(a) is paid and petition submitted in compliance
with Rule 33.1. See Martin v. District of Columbia Court of Appeals,
506 U. S. 1 (1992) (per curiam). Justice Stevens dissents. See id., at 4,
and cases cited therein.
No. 09–6892. Willie E. Boyd, Petitioner v. United States. Motion of
petitioner for leave to proceed in forma pauperis denied, and petition
for writ of certiorari to the United States Court of Appeals for the
Eighth Circuit dismissed. See Rule 39.8.
No. 09–6927. Kevin Brown, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this petition.
Mandamus Denied
Rehearings Denied
Oral Arguments
No. 08–7412. Terrance Jamar Graham, Petitioner v. Florida. Argued
by Mr. Bryan S. Gowdy, appointed by this Court, for the petitioner and
by Mr. Solicitor General Scott D. Makar for the respondent.
No. 08–7621. Joe Harris Sullivan, Petitioner v. Florida. Argued by
Mr. Bryan Stevenson for the petitioner and by Mr. Solicitor General
Scott D. Makar for the respondent.
No. 08–964. Bernard L. Bilski and Rand A. Warsaw, Petitioners v.
David J. Kappos, Under Secretary of Commerce for Intellectual Prop
erty and Director, Patent and Trademark Office. Argued by Mr. J. Mi
chael Jakes for the petitioners and by Mr. Malcolm L. Stewart for the
respondent.
Certiorari Denied
No. 09–7328 (09A428). John Allen Muhammad, Petitioner v. Loretta
K. Kelly, Warden. Application for stay of execution of sentence of death
presented to The Chief Justice and by him referred to the Court de
nied. Petition for writ of certiorari to the United States Court of Ap
peals for the Fourth Circuit denied. Statement by Justice Stevens, with
whom Justice Ginsburg and Justice Sotomayor join, respecting the de
nial of the petition for writ of certiorari.
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Nethercutt
Nethercutt
Nethercutt
Oral Arguments
No. 08–911. Agron Kucana, Petitioner v. Eric H. Holder, Jr., Attor
ney General. Argued by Mr. Rick M. Schoenfield for the petitioner, by
Ms. Nicole A. Saharsky for the respondent supporting the petitioner,
and by Ms. Amanda C. Leiter, appointed by this Court as amicus cu
riae, supporting the judgment below.
No. 08–1107. The Hertz Corporation, Petitioner v. Melinda Friend,
et al. Argued by Mr. Sri Srinivasan for the petitioner and by Mr. Todd
M. Schneider for the respondents.
writ of certiorari to the United States Court of Appeals for the First
Circuit denied.
No. 09–6642. Akeem Muhammad, Petitioner v. George Sapp, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–6649. Germain Didier Ndongo, Petitioner v. Eric H. Holder,
Jr., Attorney General. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 09–6695. Thon N. Sang, Petitioner v. A. K. Scribner, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–6724. Jesus Valverde, Jr., Petitioner v. Arizona. Petition for
writ of certiorari to the Supreme Court of Arizona denied.
No. 09–6735. Michael Lamar Bramit, Petitioner v. California. Peti
tion for writ of certiorari to the Supreme Court of California denied.
No. 09–6756. Robert Wendell Tate, Petitioner v. Millicent Warren,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–6758. Roosevelt Jeanlouis, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections. Petition for writ of cer
tiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–6761. Roscoe Melvin Owens, Petitioner v. Michigan. Petition
for writ of certiorari to the Court of Appeals of Michigan denied.
No. 09–6769. Rudy Stanko, Petitioner v. Blake Davis, Warden, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 09–6772. Valerie M. Fobbs, Petitioner v. John E. Potter, Post
master General. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–6793. Henry W. Martin, Jr., Petitioner v. Cecilia Reynolds,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–6870. Clarence Jamison, Petitioner v. Delaware. Petition for
writ of certiorari to the Supreme Court of Delaware denied.
No. 09–6908. William Hyde, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Federal
Circuit denied.
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Mandamus Denied
No. 09–6467. In Re Paul Minix, Petitioner; and
No. 09–7030. In Re Charles Phillip Maxwell, Petitioner. Petitions for
writs of mandamus denied.
No. 09–6412. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
No. 09–6501. In Re Dorothy Woerth, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
No. 09–6528. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
JNL09$1116—12-01-09 21:16:09 JOURNAPGT MILES
Rehearings Denied
Williams
Banko
Timothy G. Chovanec Fort Worth, TX David Fielding
Brian David Clark Huntsville, AL Robert B. Tuten
Brendan Daniel Cummins Minneapolis, MN Paul Curtis
Peterson
Justin David Cummins Minneapolis, MN Paul Curtis
Peterson
Micheal Leon Darrah Oklahoma City, Mark E. Bialick
OK
Karen T. Davis Indianapolis, IN Kenneth J. Falk
Jason Paul DeMont Phoenix, AZ Russell W.
Binns, Jr.
Sara Elizabeth Dill Chicago, IL John Daniel
Finerty
Jon Stuart Doyle Marion, OH S. Fredrick
Zeigler
Russell Lee England Pelham, AL Devinti Martel
Williams
Daniel Scott Fisher St. Paul, MN Scott M. Browning
Christine M. Fitzgerald New York, NY George Allan
Davidson
Geoffrey H. Gentile, Sr. Fort Myers, FL Mark A. Boyle
Gary M. Gertzog New York, NY Gregg H. Levy
Sarah Anne Gervase Fairfax, VA Robert Dowlut
John P. Gonzalez New Orleans, LA Virginia Weichert
Gundlach
Christopher Ryan Hart Washington, DC Richard Alan
Olderman
Carly Ann Hermanson Tallahassee, FL Robert R.
Wheeler
Barry Scott Herrin Columbia, SC Robert Michael
Karton
Joel Gwen Holley Lanett, AL Devinti Martel
Williams
Erin Lai Los Angeles, CA Johnny H.
Edwards
JNL09$1116—12-01-09 21:16:09 JOURNAPGT MILES
Certiorari Denied
No. 09–444 (09A452). Larry Bill Elliott, Petitioner v. Loretta K.
Kelly, Warden. Application for stay of execution of sentence of death
presented to The Chief Justice and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied. Justice Stevens, Justice Gins
burg, and Justice Sotomayor would grant the application for stay of
execution.
JNL09$1118—11-24-09 15:03:22 JOURNAPGT MILES
Certiorari Denied
No. 09–7505 (09A472). Danielle Simpson, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division. Application for stay of execution of sentence of death
presented to Justice Scalia and by him referred to the Court denied.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied. Justice Stevens, Justice Ginsburg, and
Justice Sotomayor would grant the application for stay of execution.
JNL09$1119—11-24-09 15:04:00 JOURNAPGT MILES
Certiorari Denied
No. 09–7567 (09A466). Robert Lee Thompson, Petitioner v. Texas.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the Court of Criminal Appeals of Texas denied.
JNL09$1130—12-17-09 16:22:34 JOURNAPGT MILES
Certiorari—Summary Dispositions
Certiorari Granted
Certiorari Denied
No. 08–1392. Nimatallah Shaffik Massis, Petitioner v. Eric H.
Holder, Jr., Attorney General, et al. Petition for writ of certiorari to
the United States Court of Appeals for the Fourth Circuit denied.
No. 08–1494. Joel Arguelles-Olivares, Petitioner v. Eric H.
Holder, Jr., Attorney General. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 08–1575. Jason Landis Linder, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Fourth Circuit denied.
No. 09–10. Timothy Justin Joyner, Petitioner v. Arkansas. Petition
for writ of certiorari to the Supreme Court of Arkansas denied.
No. 09–26. Susan Hertz, Individually and as Personal Representa
tive of the Estate of Roger B. Hertz, Deceased, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–70. Modern, Inc., et al., Petitioners v. St. Johns River Water
Management District, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Eleventh Circuit denied.
No. 09–86. Michael H. Boulware, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
No. 09–98. Wilmer Lee Scurlark, aka Bonay, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 09–102. Virginia, Petitioner v. Demetres Jerrod Rudolph. Peti
tion for writ of certiorari to the Supreme Court of Virginia denied.
No. 09–106. Isaac Pedernera, Petitioner v. Eric H. Holder, Jr., Attor
ney General. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
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tiorari to the United States Court of Appeals for the Second Circuit
denied. Justice Sotomayor took no part in the consideration or decision
of this petition.
No. 09–6600. Matthew Joseph Sikora, Jr., Petitioner v. Clandestine
Attackers/Assailants, et al. Motion of petitioner for leave to proceed
in forma pauperis denied, and petition for writ of certiorari to the
United States Court of Appeals for the Eighth Circuit dismissed. See
Rule 39.8. As petitioner has repeatedly abused this Court’s process,
the Clerk is directed not to accept any further petitions in noncriminal
matters from petitioner unless the docketing fee required by Rule 38(a)
is paid and petition submitted in compliance with Rule 33.1. See Martin
v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per cu
riam). Justice Stevens dissents. See id., at 4, and cases cited therein.
No. 09–6609. Echo W. Dixon, Petitioner v. Leroy Grant, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit denied. Justice Sotomayor took no part in the con
sideration or decision of this petition.
No. 09–6645. Percy Allen Williams, Jr., Petitioner v. Robert Jones,
Superintendent, Hyde Correctional Institution. Petition for writ of cer
tiorari before judgment to the United States Court of Appeals for the
Fourth Circuit denied.
No. 09–6686. William Baumer, Petitioner v. Matthew Cate, Secre
tary, California Department of Corrections and Rehabilitation. Motion
of petitioner for leave to proceed in forma pauperis denied, and peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit dismissed. See Rule 39.8.
No. 09–6697. Benny R. Smith, Petitioner v. David R. McKune. Mo
tion of petitioner for leave to proceed in forma pauperis denied, and
petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit dismissed. See Rule 39.8.
No. 09–6721. Franz A. Wakefield, Petitioner v. Walt Disney Com
pany, et al. Motion of petitioner for leave to proceed in forma pauperis
denied, and petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit dismissed. See Rule 39.8. Justice Alito
took no part in the consideration or decision of this motion and this
petition.
No. 09–6738. Larry Vernon Jones, Petitioner v. L. E. Scribner, War
den, et al. Petition for writ of certiorari before judgment to the United
States Court of Appeals for the Ninth Circuit denied.
JNL09$1130—12-17-09 16:22:34 JOURNAPGT MILES
Mandamus Denied
No. 09–351. In Re Jeffrey S. Pesarik, Petitioner; and
No. 09–7229. In Re Barry J. Walshe, Petitioner. Petitions for writs
of mandamus denied.
No. 09–7050. In Re Oscar Dantzler, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
Rehearings Denied
No. 08–1172. Joseph P. Nacchio, Petitioner v. United States;
No. 08–1348. Donald Eugene Railsback, Petitioner v. Washington;
No. 08–1421. Richard A. Van Auken, Petitioner v. Catron, Catron &
Pottow, P.A., et al.;
No. 08–1485. Carolyn Brown, Deloise Fikes, and James Russell, Peti
tioners v. One Beacon Insurance Company, Inc.;
JNL09$1130—12-17-09 16:22:34 JOURNAPGT MILES
Marrano
Bergin
Mark William Gibbons Carson City, NV Douglas R. Shaw
D. Randall Gilmer Trenton, MI Edwina Clifton
Rogers
Christina Finzel Gomez Denver, CO Stephen
Masciocchi
William John Grant Inverness, FL Milan Bo
Samargya
Gay Gueringer San Antonio, TX Sheldon Edward
Richie
Jennifer Renee Haymes Alexandria, VA Paul W. Layer
Robert W. Helm Washington, DC Paul Howard
Friedman
James J. Helminski Grand Rapids, MI Donald L. Petrulis
Daniel G. Hempey Lihue, HI Paul Francois
DeMeester
Robert J. Herrington Los Angeles, CA Lance A.
Etcheverry
Sharon Anne Hicks Columbus, OH Melissa Jo Callais
Mark Andrew Hirsch Albuquerque, NM J. Brent Ricks
Elizabeth Brady Hitt Miami, FL Benedict P.
Kuehne
David Ryan Herring Tyler, TX Robert Scott
Iglesias Davis
Diana Nickerson Jacobs Pittsburgh, PA David Bennet
Rodes
Jeremy L. Johnson Minneapolis, MN Aaron F. Biber
John C. Kairis Wilmington, DE James Richard
Banko
Tracey Kitzman New York, NY Mark Reinhardt
Francis H. Koh Bethesda, MD Deane A. Shure
Andrew N. Krinsky New York, NY Steven Troup
Robin H. Kyle Detroit, MI Kenneth N.
Hylton, Sr.
Gregory Wayne Laird Oklahoma City, Robert Alan
OK Ravitz
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Oral Arguments
No. 08–304. Graham County Soil and Water Conservation District,
et al., Petitioners v. United States, ex rel. Karen T. Wilson. Argued by
Mr. Solicitor General Christopher G. Browning, Jr. for the petitioners,
by Mr. Mark T. Hurt for the respondent, and by Mr. Douglas Hallward-
Driemeier for the United States as amicus curiae, by special leave of
the Court, supporting the respondent.
No. 08–905. Merck & Co., Inc., et al., Petitioners v. Richard Reyn
olds, et al. Argued by Mr. Kannon K. Shanmugam for the petitioners,
by Mr. David C. Frederick for the respondents, and by Mr. Malcolm L.
Stewart for the United States as amicus curiae, by special leave of
the Court, supporting the respondents.
Lagonia
Oral Arguments
No. 08–1119. Milavetz, Gallop & Milavetz, P.A., et al., Petitioners v.
United States; and
No. 08–1225. United States, Petitioner v. Milavetz, Gallop & Mila
vetz, P.A., et al. Argued by Mr. G. Eric Brunstad, Jr. for Milavetz,
Gallop & Milavetz, P.A., et al. and by Mr. William M. Jay for the
United States.
No. 08–1134. United Student Aid Funds, Inc., Petitioner v. Francisco
J. Espinosa. Argued by Ms. Madeleine C. Wanslee for the petitioner,
by Mr. Toby J. Heytens for the United States as amicus curiae, by
special leave of the Court, supporting the petitioner, and by
Mr. Michael J. Meehan for the respondent.
Oral Argument
No. 08–1151. Stop the Beach Renourishment, Inc., Petitioner v. Flor
ida Department of Environmental Protection, et al. Argued by Mr. D.
Kent Safriet for the petitioner, by Mr. Solicitor General Scott D. Makar
for the respondents, and by Mr. Edwin S. Kneedler for the United
States as amicus curiae, by special leave of the Court, supporting
the respondents.
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Certiorari Denied
No. 09–7839 (09A521). Cecil C. Johnson, Petitioner v. Phil Brede
sen, Governor of Tennessee, et al. On application for stay and petition
for writ of certiorari to the United States Court of Appeals for the
Sixth Circuit. Application for stay of execution of sentence of death
presented to Justice Stevens and by him referred to the Court denied.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied. Statement by Justice Stevens, with whom
Justice Breyer joins, respecting the denial of the petition for writ of
certiorari. Statement by Justice Thomas, concurring in the denial of
the petition for writ of certiorari.
JNL09$1203—12-07-09 20:04:39 JOURNAPGT MILES
Certiorari Denied
No. 09–7879 (09A533). Bobby Wayne Woods, Petitioner v. Texas.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the Court of Criminal Appeals of Texas denied.
Justice Sotomayor would grant the application for stay of execution.
Certiorari Denied
No. 09–7880 (09A535). Bobby Wayne Woods, Petitioner v. Brad Liv
ingston, Executive Director, Texas Department of Criminal Justice.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the United States Court of Appeals for the Fifth
Circuit denied.
JNL09$1207—12-16-09 15:05:26 JOURNAPGT MILES
Certiorari Granted
No. 08–1371. Christian Legal Society Chapter of the University of
California, Hastings College of the Law, aka Hastings Christian Fel
lowship, Petitioner v. Leo P. Martinez, et al. Petition for writ of certio
rari to the United States Court of Appeals for the Ninth Circuit
granted.
No. 09–6338. Percy Dillon, Petitioner v. United States. Motion of
petitioner for leave to proceed in forma pauperis granted. Petition for
writ of certiorari to the United States Court of Appeals for the Third
Circuit granted.
Certiorari Denied
No. 08–10760. Willie J. Mouling, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
District of Columbia Circuit denied.
No. 09–270. Michael Burnell Marley, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–341. Anthony D’Aria, Petitioner v. Joseph Glass, et al.; and
No. 09–410. Marty Evans, Petitioner v. Joseph Glass, et al. Petitions
for writs of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 09–396. Jalana Hudson, Petitioner v. Georgia. Petition for writ
of certiorari to the Court of Appeals of Georgia denied.
No. 09–397. Andre S. Henley, Petitioner v. Georgia. Petition for writ
of certiorari to the Supreme Court of Georgia denied.
JNL09$1207—12-16-09 15:05:26 JOURNAPGT MILES
Mandamus Denied
No. 09–6857. In Re Webster Bivens, Petitioner. Petition for writ of
mandamus denied.
No. 09–6854. In Re Ralph Oyague, Petitioner. Petition for writ of
mandamus denied. Justice Sotomayor took no part in the consideration
or decision of this petition.
Rehearings Denied
No. 08–1389. John Prelesnik, Warden, Petitioner v. Chamar Avery;
No. 08–10085. William Roger McNeill, Petitioner v. Preston
Goff, Jr., Warden;
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Oral Arguments
No. 08–861. Free Enterprise Fund and Beckstead and Watts, LLP,
Petitioners v. Public Company Accounting Oversight Board, et al. Ar
gued by Mr. Michael A. Carvin for the petitioners, by Ms. Solicitor
General Elena Kagan for respondent United States, and by Mr. Jeffrey
A. Lamken for respondents Public Company Accounting Oversight
Board, et al.
No. 08–1175. Florida, Petitioner v. Kevin Dewayne Powell. Argued
by Mr. Joseph W. Jacquot for the petitioner, by Mr. David O’Neil for
the United States as amicus curiae, by special leave of the Court,
supporting the petitioner, and by Ms. Deborah K. Brueckheimer for
the respondent.
Certiorari Denied
No. 09–7908 (09A543). Kenneth Biros, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
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Opinions
No. 08–678. Mohawk Industries, Inc., Petitioner v. Norman Carpen
ter. On writ of certiorari to the United States Court of Appeals for the
Eleventh Circuit. Judgment affirmed. Opinion by Justice Sotomayor.
Opinion by Justice Thomas, concurring in part and concurring in the
judgment.
No. 08–351. Anita Alvarez, Cook County State’s Attorney, Petitioner
v. Chermane Smith, et al. On writ of certiorari to the United States
Court of Appeals for the Seventh Circuit. Judgment vacated, and case
remanded to the United States Court of Appeals for the Seventh Cir
cuit with instructions to dismiss. Opinion by Justice Breyer. Opinion
by Justice Stevens, concurring in part and dissenting in part.
No. 08–604. Union Pacific Railroad Company, Petitioner v. Brother
hood of Locomotive Engineers and Trainmen General Committee of
Adjustment, Central Region. On writ of certiorari to the United States
Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion
by Justice Ginsburg.
No. 08–992. Jeffrey A. Beard, Secretary, Pennsylvania Department
of Corrections, et al., Petitioners v. Joseph J. Kindler. On writ of certio
rari to United States Court of Appeals for the Third Circuit. Judgment
vacated, and case remanded to the United States Court of Appeals for
the Third Circuit for further proceedings consistent with the opinion
of this Court. Opinion by The Chief Justice. Concurring opinion by
Justice Kennedy, with whom Justice Thomas joins. Justice Alito took
no part in the consideration or decision of this case.
Oral Arguments
Certiorari Denied
Oral Argument
No. 08–1198. Stolt-Nielsen S.A., et al., Petitioners v. AnimalFeeds
International Corp. Argued by Mr. Seth P. Waxman for the petitioners
and by Ms. Cornelia T.L. Pillard for the respondent. Justice Soto
mayor recused.
Certiorari—Summary Disposition
No. 09–285. Indiana State Police Pension Trust, et al., Petitioners v.
Chrysler LLC, et al. On petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit. Motion of Washington
Legal Foundation, et al. for leave to file a brief as amici curiae
granted. Petition for writ of certiorari granted. Judgment vacated, and
case remanded to the United States Court of Appeals for the Second
Circuit with instructions to dismiss the appeal as moot. See United
States v. Munsingwear, Inc., 340 U. S. 36 (1950).
Certiorari Denied
No. 08–1472. USA Mobility Wireless, Inc., Petitioner v. Jerilyn
Quon, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 08–10252. Dustin Lee Honken, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit denied.
No. 09–157. Jinghai Li, Petitioner v. Eric H. Holder, Jr., Attorney
General. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–227. Shafiq Rasul, et al., Petitioners v. Richard Myers, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 09–244. United States, Petitioner v. Mikola Bowden. Petition for
writ of certiorari to the United States Court of Appeals for the Elev
enth Circuit denied.
No. 09–259. Metro Lights, L.L.C., Petitioner v. City of Los Angeles,
California. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–274. Charles L. Ryan, Director, Arizona Department of Cor
rections, Petitioner v. Roger Mark Scott. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
No. 09–301. Common Cause of Pennsylvania, et al., Petitioners v.
Pennsylvania, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 09–309. Time Warner Telecom of Oregon, LLC, Petitioner v.
City of Portland, Oregon, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
JNL09$1214—12-23-09 18:40:27 JOURNAPGT MILES
for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this petition.
Rehearings Denied
No. 08–10439. Adegbenga Tito Ijadimini, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division;
No. 08–10552. Donald Jones, Petitioner v. Google, Inc., et al.;
No. 08–10588. James Samuel Kor, Jr., Petitioner v. Tom Felker,
Warden;
No. 08–10629. Lee Roy Brown, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions
Division;
No. 08–10739. Mondric Bradley, Petitioner v. Mississippi;
No. 08–10752. Carlos Salazar Lopez, aka Carlos Salazar, Petitioner
v. United States;
No. 08–10759. In Re James Renwick Manship, Petitioner;
No. 08–10780. John Jay Dittrich, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections, et al.;
No. 08–10839. Joe Richard Randle, Jr., Petitioner v. D. Woods;
No. 08–10922. Marilyn Fischer Lynch, Petitioner v. John Hertzig,
et al.;
No. 08–11033. Richard L. Johnson, Petitioner v. Florida;
No. 08–11070. In Re Pierre-Richard Augustin, Petitioner;
No. 08–11112. Blondell F. Mitchell, Petitioner v. KDJM-FM, et al.;
No. 08–11141. Yvonne Thomas, Petitioner v. St. Louis Board of Po
lice Commissioners, et al.;
No. 09–112. Angel Ruiz Rivera, et al., Petitioners v. Department of
Education, et al.;
No. 09–121. Gene Hoy, Petitioner v. Mentor Township, Michigan;
No. 09–318. Terrance Morris, et al., Petitioners v. Jarrett Lanpher,
et al.;
No. 09–5039. Robert Dillard, Petitioner v. E. Richard Bazzle,
Warden;
No. 09–5061. Said Abdullah Hakim, Petitioner v. Sandra F. Thomas,
Superintendent, Lumberton Correctional Institution;
JNL09$1214—12-23-09 18:40:27 JOURNAPGT MILES
Glasser
Garland
James Edward Dorman Avon Lake, OH Lisa A. Locke
Graves
Gene J. Esshaki Detroit, MI Steven A. Wright
Kevin S. Golden San Francisco, CA George Andreas
Kimbrell
Pleicones
Certiorari Granted
No. 09–367. Brian Russell Dolan, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Tenth Circuit granted.
JNL09$0111—01-26-10 15:25:27 JOURNAPGT MILES
Certiorari Denied
No. 08–1462. Margaret York, William Nash, and Victor Turner, Peti
tioners v. Richard Robinson. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 08–1571. Steve Cooley, et al., Petitioners v. David Eng. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 08–10679. Daniel Johnson, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–142. Geoffrey Nels Fieger, Petitioner v. Supreme Court of
Michigan, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 09–194. Francoise Anate Gomis, Petitioner v. Eric H. Holder, Jr.,
Attorney General. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit denied.
No. 09–229. Abdul H. Khan, et al., Petitioners v. Eric H. Holder, Jr.,
Attorney General. Petition for writ of certiorari to the United States
Court of Appeals for the Seventh Circuit denied.
No. 09–239. Josh A. Allen, Petitioner v. Montana. Petition for writ
of certiorari to the Supreme Court of Montana denied.
No. 09–252. John Gerard Quinn, Petitioner v. John Roach, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
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No. 09–477. Elaine Spencer Marr and Elliott Paul Moore, Petition
ers v. Larry H. Hughes, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Tenth Circuit denied.
No. 09–482. Jason Hollady, Petitioner v. Michigan, et al. Petition for
writ of certiorari to the United States Court of Appeals for the Sixth
Circuit denied.
No. 09–483. Koninklijke Boskalis Westminster NV, et al., Petitioners
v. Compania Naviera Joanna SA, et al. Petition for writ of certiorari to
the United States Court of Appeals for the Fourth Circuit denied.
No. 09–485. George Grisham, Petitioner v. Marilyn S. Brooks, Super
intendent, Albion State Correctional Institution, et al. Petition for writ
of certiorari to the United States Court of Appeals for the Third Cir
cuit denied.
No. 09–487. Arkansas Dairy Cooperative Association, et al., Peti
tioners v. Department of Agriculture, et al. Petition for writ of certio
rari to the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 09–501. David E. Danner, Petitioner v. Commission on Continu
ing Legal Education and Specialization of the Tennessee Supreme
Court, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 09–502. Victoria Giampa, Petitioner v. Charles Giampa. Petition
for writ of certiorari to the Supreme Court of Nevada denied.
No. 09–503. Michael A. Hense, Petitioner v. Yoko Hense. Petition for
writ of certiorari to the Court of Appeals of New York denied.
No. 09–505. 480.00 Acres of Land, et al., Petitioners v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–506. The Children’s Fund, et al., Petitioners v. Springfield
Holding Company Ltd. LLC, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Tenth Circuit denied.
No. 09–507. Hargis Industries, Inc., dba Sealtite Building Fasteners
and dba East Texas Fasteners, Petitioner v. B&B Hardware, Inc. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit denied.
No. 09–509. Judy Jones, Petitioner v. Virginia Andrews Burdette.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
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certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 09–7054. Ernest Howard, Sr., Petitioner v. Steve Upton, War
den. Petition for writ of certiorari to the Supreme Court of Georgia
denied.
No. 09–7056. Michael Shane Good, Petitioner v. Florida. Petition for
writ of certiorari to the District Court of Appeal of Florida, First Dis
trict, denied.
No. 09–7057. Jimmie T. Taylor, Petitioner v. Walter A. McNeil, Sec
retary, Florida Department of Corrections. Petition for writ of certio
rari to the United States Court of Appeals for the Eleventh Circuit
denied.
No. 09–7058. Mary Marie Tuley, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–7063. Richmond B. Taylor, Petitioner v. Barbara Sampson,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Sixth Circuit denied.
No. 09–7082. Calvin Dwight Ware, Petitioner v. Shirlee Harry, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Sixth Circuit denied.
No. 09–7086. Ricardo J. Calderon-Lopez, Petitioner v. Puerto Rico
Court of First Instance, San Juan Part, et al. Petition for writ of certio
rari to the United States Court of Appeals for the First Circuit denied.
No. 09–7087. Craig Bundrant, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–7088. Dennis Michael Salerno, Petitioner v. Michigan. Peti
tion for writ of certiorari to the Court of Appeals of Michigan denied.
No. 09–7092. Samuel L. Pinkston, Petitioner v. Indiana. Petition for
writ of certiorari to the Court of Appeals of Indiana, Second District,
denied.
No. 09–7096. Shane Demarcus Lemons, Petitioner v. Burl Cain, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
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No. 09–7412. Alva Zane McGrath, Jr., Petitioner v. Rick Thaler, Di
rector, Texas Department of Criminal Justice, Correctional Institu
tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–7413. Nancy Lewis, Petitioner v. Burger King. Petition for
writ of certiorari to the United States Court of Appeals for the Tenth
Circuit denied.
No. 09–7415. James Lincoln Strong, Petitioner v. Pennsylvania. Peti
tion for writ of certiorari to the Superior Court of Pennsylvania, Har
risburg Office, denied.
No. 09–7426. Bryan Davis, Sr., Petitioner v. California Western
School of Law, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 09–7448. Fernando Pena, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Third Circuit denied.
No. 09–7456. James Walton Hammond, Jr., Petitioner v. Alvin W.
Keller, Secretary, North Carolina Department of Correction, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 09–7458. Terry L. Garnto, Petitioner v. Patricia Mekusker, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–7468. Anthony J. DeNoma, Petitioner v. Ohio. Petition for
writ of certiorari to the Court of Appeals of Ohio, Hamilton County,
denied.
No. 09–7469. Robert L. Cook, Jr., Petitioner v. Jeffrey A. Beard,
Secretary, Pennsylvania Department of Corrections, et al. Petition for
writ of certiorari to the United States Court of Appeals for the Third
Circuit denied.
No. 09–7483. Darnell Nowlin, Petitioner v. H. Dwight Hamrick, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Eleventh Circuit denied.
No. 09–7484. Daniel Vasquez, Petitioner v. R. J. Kirkland, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–7487. Carlos Mendoza, Petitioner v. Troy Steele, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
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Attorney Discipline
No. D–2458. In the Matter of Leo P. DeMarco, II. Leo P. DeMarco, II,
of Malden, Massachusetts, having requested to resign as a member of
the Bar of this Court, it is ordered that his name be stricken from the
roll of attorneys permitted to the practice of law before this Court.
The Rule to Show Cause, issued on November 30, 2009, is discharged.
Opinion
No. 08–724. Keith Smith, Warden, Petitioner v. Frank G. Spisak, Jr.
On writ of certiorari to the United States Court of Appeals for the
Sixth Circuit. Judgment reversed. Opinion by Justice Breyer. Opinion
by Justice Stevens, concurring in part and concurring in the judgment.
Oral Arguments
No. 08–1224. United States, Petitioner v. Graydon Earl Comstock,
Jr., et al. Argued by Ms. Solicitor General Elena Kagan for the peti
tioner and by Mr. G. Alan Dubois for the respondents.
No. 08–645. Timothy Mark Cameron Abbott, Petitioner v. Jacquelyn
Vaye Abbott. Argued by Ms. Amy Howe for the petitioner, by
Ms. Ginger Anders for the United States as amicus curiae, by special
leave of the Court, supporting the petitioner, and by Mr. Karl E. Hays
for the respondent.
Order
IT IS ORDERED that the revised Rules of this Court, approved by
the Court and lodged with the Clerk, shall be effective February 16,
2010, and be printed as an appendix to the United States Reports.
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Certiorari Denied
No. 09–8394 (09A628). Gary Johnson, Petitioner v. Texas. Applica
tion for stay of execution of sentence of death presented to Justice
Scalia and by him referred to the Court denied. Petition for writ of
certiorari to the Court of Criminal Appeals of Texas denied.
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Oral Arguments
Certiorari Granted
No. 09–337. Wanda Krupski, Petitioner v. Costa Crociere S.p.A.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit granted. Brief of petitioner to be filed on or
before Thursday, February 25, 2010. Brief of respondent to be filed on
or before Thursday, March 25, 2010. Reply brief, if any, to be filed in
accordance with Rule 25.3 of the Rules of this Court.
No. 09–448. Bridget Hardt, Petitioner v. Reliance Standard Life In
surance Company. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit granted. Brief of petitioner to
be filed on or before Thursday, February 25, 2010. Brief of respondent
to be filed on or before Thursday, March 25, 2010. Reply brief, if any,
to be filed in accordance with Rule 25.3 of the Rules of this Court.
No. 09–497. Rent-A-Center, West, Inc., Petitioner v. Antonio Jack
son. Petition for writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit granted. Brief of petitioner to be filed on
or before Thursday, February 25, 2010. Brief of respondent to be filed
on or before Thursday, March 25, 2010. Reply brief, if any, to be filed
in accordance with Rule 25.3 of the Rules of this Court.
No. 09–559. John Doe #1, et al., Petitioners v. Sam Reed, Washington
Secretary of State, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit granted. Brief of peti
tioners to be filed on or before Thursday, February 25, 2010. Brief of
respondents to be filed on or before Thursday, March 25, 2010. Reply
brief, if any, to be filed in accordance with Rule 25.3 of the Rules of
this Court.
No. 09–475. Monsanto Company, et al., Petitioners v. Geertson Seed
Farms, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit granted. Brief of petitioners to be filed
on or before Thursday, February 25, 2010. Brief of respondents to be
filed on or before Thursday, March 25, 2010. Reply brief, if any, to be
filed in accordance with Rule 25.3 of the Rules of this Court. Justice
Breyer took no part in the consideration or decision of this petition.
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Appeals—Summary Disposition
Certiorari—Summary Dispositions
Certiorari Denied
No. 08–11060. Frank L. Ferguson, Petitioner v. West Virginia. Peti
tion for writ of certiorari to the Circuit Court of West Virginia, Ka
nawha County, denied.
No. 09–197. Kimco of Evansville, Inc., nka KCH Acquisition, Inc.,
et al., Petitioners v. Indiana. Petition for writ of certiorari to the Su
preme Court of Indiana denied.
No. 09–224. Stanley R. Nickels, Petitioner v. Grand Trunk Western
Railroad, Inc. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
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Mandamus Denied
No. 09–7455. In Re Darrel Lee Wilber, Petitioner. Petition for writ
of mandamus denied.
No. 09–7492. In Re Rayshon Thomas, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
Rehearings Denied
No. 08–10000. Rose Huff, Petitioner v. Kentucky Retirement
Systems;
No. 08–10781. Antonio Andrade Calles, Petitioner v. Domingo
Uribe, Jr., Warden;
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Long, Jr.
Bell, Jr.
Opinions
Oral Arguments
No. 08–1402. Mary Berghuis, Warden, Petitioner v. Diapolis Smith.
Argued by Mr. Solicitor General B. Eric Restuccia for the petitioner
and by Mr. James Sterling Lawrence for the respondent.
No. 08–810. Sally L. Conkright, et al., Petitioners v. Paul J. From
mert, et al. Argued by Mr. Robert A. Long, Jr. for the petitioners, by
Mr. Peter K. Stris for the respondents, and by Mr. Matthew D. Roberts
for the United States as amicus curiae, by special leave of the Court,
supporting the respondents.
Opinion
No. 08–205. Citizens United, Appellant v. Federal Election Commis
sion. Appeal from the United States District Court for the District of
Columbia. Judgment reversed with respect to the constitutionality of
2 U. S. C. § 441b’s restrictions on corporate independent expenditures.
Judgment affirmed with respect to BCRA’s disclaimer and disclosure
requirements. Case remanded to the United States District Court for
the District of Columbia for further proceedings consistent with the
opinion of this Court. Opinion by Justice Kennedy. Concurring opinion
by The Chief Justice, with whom Justice Alito joins. Concurring opin
ion by Justice Scalia, with whom Justice Alito joins, and with whom
Justice Thomas joins in part. Opinion announced by Justice Stevens,
with whom Justice Ginsburg, Justice Breyer, and Justice Sotomayor
join, concurring in part and dissenting in part. Opinion by Justice
Thomas, concurring in part and dissenting in part.
Certiorari—Summary Dispositions
tions, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
No. 09–5407. Melbert Ray Ford, Petitioner v. Hilton Hall, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–6034. Joseph Messer, Petitioner v. David L. Runnels, War
den, et al. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–6125. John Harrell, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 09–6429. Will Moses Palmer, Petitioner v. M. Valdez, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
No. 09–6795. N. L. W., Petitioner v. Colorado. Petition for writ of
certiorari to the Court of Appeals of Colorado denied.
No. 09–6907. Maurice Taft Gibson, aka Mo, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–7012. Larry Hatten, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–7158. James L. Patterson, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 09–7172. Kathalina Monacelli, Petitioner v. Fifth Third Bank,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Eleventh Circuit denied.
No. 09–7276. Raymond Sneed, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 09–7428. Richard Wade Farley, Petitioner v. California. Petition
for writ of certiorari to the Supreme Court of California denied.
No. 09–7624. Pamela J. Smith, Petitioner v. Tennessee. Petition for
writ of certiorari to the Court of Criminal Appeals of Tennessee, East
ern Division, denied.
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peals for the Second Circuit denied. Justice Sotomayor took no part in
the consideration or decision of this petition.
No. 09–7754. Laurie Marie Laskey, Petitioner v. Intel Corporation.
Petition for writ of certiorari to the Court of Appeal of California,
First Appellate District, denied. The Chief Justice took no part in the
consideration or decision of this petition.
No. 09–7767. H. Patrick Barclay, Petitioner v. New York, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit denied. Justice Sotomayor took no part in the con
sideration or decision of this petition.
No. 09–8021. James White, Petitioner v. James McGrady, Super
intendent, State Correctional Institution at Retreat, et al. Motion of
petitioner to defer consideration of the petition for writ of certiorari
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Third Circuit denied.
No. 09–8085. Jaime Enrique Romero-Padilla, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied. Justice Sotomayor took no part
in the consideration or decision of this petition.
No. 09–8094. Richard Vieux, Petitioner v. United States. Motion of
petitioner for leave to proceed in forma pauperis denied, and petition
for writ of certiorari to the United States Court of Appeals for the
Eleventh Circuit dismissed. See Rule 39.8.
No. 09–8125. Sharief Russell, aka Lucky, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this petition.
No. 09–8186. Mark Nicholas Smith, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit denied. Justice Sotomayor took no part in the con
sideration or decision of this petition.
Mandamus Denied
No. 09–8031. In Re Jennifer Norton, Petitioner; and
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Rehearings Denied
No. 09–331. Vera C. Harper, Individually and as Personal Repre
sentative of the Estate of Wilson Clark Harper, Deceased, and David
A. Harper, Petitioners v. United Services Automobile Association,
et al.;
No. 09–496. James A. Brown, Petitioner v. United States;
No. 09–5144. Billy Ray Risley, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions
Division;
No. 09–5515. Darlene R. Quinn, Petitioner v. United States;
No. 09–6397. Alfreda Christian, Petitioner v. California, et al.;
No. 09–6488. Keith Russell Judd, Petitioner v. New Mexico;
No. 09–6593. Tyrone Smith, Petitioner v. United States;
No. 09–6594. Gordon Todd Skinner, Petitioner v. Oklahoma;
No. 09–6617. Gary Nitschke, Petitioner v. Coastal Tank Cleaning,
et al.;
No. 09–6674. Kevin Millen, Petitioner v. Florida;
No. 09–6694. Darnell Eugene Ross, Petitioner v. Virginia;
No. 09–6772. Valerie M. Fobbs, Petitioner v. John E. Potter, Post
master General;
No. 09–6806. Harry L. McCall, Petitioner v. H. G. Crosthwait, et al.;
No. 09–6862. Albert R. Kuperman, Petitioner v. Richard M. Gerry,
Warden;
No. 09–6893. Wayne Ernest Barker, Petitioner v. Texas;
No. 09–7050. In Re Oscar Dantzler, Petitioner;
No. 09–7229. In Re Barry J. Walshe, Petitioner;
No. 09–7337. Donnie Johnson, Petitioner v. United States; and
No. 09–7346. Michael Andre Bryant, Petitioner v. United States. Pe
titions for rehearing denied.
Certiorari Denied
No. 09–8937 (09A728). Mark Brown, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
Certiorari Denied
No. 09–8938 (09A729). Mark Brown, Petitioner v. Ohio. Application
for stay of execution of sentence of death presented to Justice Stevens
and by him referred to the Court denied. Petition for writ of certiorari
to the Supreme Court of Ohio denied.
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Certiorari Denied
No. 09–8975 (09A739). Martin Edward Grossman, Petitioner v.
Florida. Application for stay of execution of sentence of death pre
sented to Justice Thomas and by him referred to the Court denied.
Petition for writ of certiorari to the Supreme Court of Florida denied.
Certiorari Granted
No. 09–350. Los Angeles County, California, Petitioner v. Craig Ar
thur Humphries, et ux. Petition for writ of certiorari to the United
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Mandamus Denied
No. 09–7885. In Re Barry N. Waddell, Petitioner;
No. 09–7982. In Re Lorenzo Townsend, Petitioner; and
No. 09–8198. In Re Alfredo Masis Sancho, Petitioner. Petitions for
writs of mandamus denied.
No. 09–8014. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8. As peti
tioner has repeatedly abused this Court’s process, the Clerk is directed
not to accept any further petitions in noncriminal matters from peti
tioner unless the docketing fee required by Rule 38(a) is paid and peti
tion submitted in compliance with Rule 33.1. See Martin v. District of
Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice
Stevens dissents. See id., at 4, and cases cited therein.
Rehearings Denied
No. 08–1472. USA Mobility Wireless, Inc., Petitioner v. Jerilyn
Quon, et al.;
No. 08–10404. James R. Fultz, Petitioner v. State Farm Mutual Au
tomobile Insurance Company;
No. 08–10506. Regina Darlene Garrett, Petitioner v. Mississippi;
No. 09–325. Alexandre Aronov, Petitioner v. Janet Napolitano, Sec
retary of Homeland Security, et al.;
No. 09–405. United States, ex rel. Bruce Darian, Petitioner v. Accent
Builders, Inc., et al.;
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Freifeld
Steiner
Oral Arguments
No. 08–1322. Michael J. Astrue, Commissioner of Social Security,
Petitioner v. Catherine G. Ratliff. Argued by Mr. Anthony Yang for the
petitioner and by Mr. James D. Leach for the respondent.
No. 08–974. Arthur L. Lewis, Jr., et al., Petitioners v. City of Chi
cago, Illinois. Argued by Mr. John A. Payton for the petitioners, by
Mr. Neal K. Katyal for the United States as amicus curiae, by special
leave of the Court, supporting the petitioners, and by Ms. Benna Ruth
Solomon for the respondent.
Oral Arguments
No. 08–1498. Eric H. Holder, Jr., Attorney General, et al., Petition
ers v. Humanitarian Law Project, et al.; and
No. 09–89. Humanitarian Law Project, et al., Petitioners v. Eric H.
Holder, Jr., Attorney General, et al. Argued by Mr. David D. Cole for
the petitioners in 09–89, and by Ms. Solicitor General Elena Kagan for
the petitioners in 08–1498.
No. 08–1569. United States, Petitioner v. Martin O’Brien and Arthur
Burgess. Argued by Mr. Benjamin Horwich for the petitioner and by
Mr. Jeffrey L. Fisher for the respondents.
Opinion
No. 08–680. Maryland, Petitioner v. Michael Blaine Shatzer, Sr. On
writ of certiorari to the Court of Appeals of Maryland. Judgment re
versed, and case remanded to the Court of Appeals of Maryland for
further proceedings not inconsistent with the opinion of this Court.
Opinion by Justice Scalia. Opinion by Justice Thomas, concurring in
part and concurring in the judgment. Opinion by Justice Stevens, con
curring in the judgment.
Oral Arguments
No. 08–1301. Thomas Carr, Petitioner v. United States. Argued by
Mr. Charles A. Rothfeld for the petitioner and by Mr. Curtis E. Gannon
for the respondent.
No. 08–1341. United States, Petitioner v. Glenn Marcus. Argued by
Mr. Eric D. Miller for the petitioner and by Mr. Herald Price Fahringer
for the respondent. Justice Sotomayor recused.
Certiorari—Summary Dispositions
Certiorari Granted
No. 09–150. Michigan, Petitioner v. Richard Perry Bryant. Motion of
respondent for leave to proceed in forma pauperis granted. Petition
for writ of certiorari to the Supreme Court of Michigan granted.
Certiorari Denied
No. 08–1458. Missouri Gas Energy, Petitioner v. Monica Schmidt,
Woods County, Oklahoma Assessor. Petition for writ of certiorari to
the Supreme Court of Oklahoma denied.
No. 09–293. Modesto Ozuna, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Seventh
Circuit denied.
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tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–8138. Reginald Johnson, Petitioner v. Pennsylvania. Petition
for writ of certiorari to the Supreme Court of Pennsylvania, Middle
District, denied.
No. 09–8139. Bruce Monroe Greer, Petitioner v. Cynthia Nelson,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Eleventh Circuit denied.
No. 09–8140. Mark Rene Flores, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–8143. Manuel Joseph Hernandez, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–8145. Kenneth B. Malpass, Petitioner v. Judith C. Powelson.
Petition for writ of certiorari to the Court of Appeals of Colorado
denied.
No. 09–8146. George P. Minter, Petitioner v. Indiana. Petition for
writ of certiorari to the Court of Appeals of Indiana, First District,
denied.
No. 09–8149. Toney Cole, Petitioner v. Illinois. Petition for writ of
certiorari to the Appellate Court of Illinois, First District, denied.
No. 09–8150. Bobby Joe Davis, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–8152. Allen Fitzgerald Calton, Petitioner v. Rick Thaler, Di
rector, Texas Department of Criminal Justice, Correctional Institu
tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–8155. Broderick White, Petitioner v. State Farm Insurance
Company. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied.
No. 09–8156. Kenneth Lee Weinberg, Petitioner v. Florida. Petition
for writ of certiorari to the District Court of Appeal of Florida, First
District, denied.
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Mandamus Denied
No. 09–8154. In Re James Dean Taylor, Petitioner; and
No. 09–8793. In Re Raymond Bruce Belton, Petitioner. Petitions for
writs of mandamus denied.
Rehearings Denied
No. 09–472. Wanda Spann, et vir, Petitioners v. Cobb County Supe
rior Court Judges, et al.;
No. 09–6043. Kelvin Levoid Smith, aka Frog, Petitioner v. United
States;
No. 09–6811. Linell Leonard Dumas, Jr., Petitioner v. R. K. Wong,
Warden;
No. 09–6995. Richard Paul Riggins, Petitioner v. Texas;
No. 09–7170. Nelson Carmona, Petitioner v. Michael J. Astrue, Com
missioner of Social Security;
No. 09–7258. In Re Andrew Eugene Newman, Petitioner;
No. 09–7357. Janice L. Schrader, Petitioner v. Robert F. Turner,
et al.;
No. 09–7426. Bryan Davis, Sr., Petitioner v. California Western
School of Law, et al.; and
No. 09–7523. Douglas B. Watson, Petitioner v. United States. Peti
tions for rehearing denied.
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Attorney Discipline
Oral Arguments
No. 08–1470. Mary Berghuis, Warden, Petitioner v. Van Chester
Thompkins. Argued by Mr. Solicitor General B. Eric Restuccia for the
petitioner, by Ms. Nicole A. Saharsky for the United States as amicus
curiae, by special leave of the Court, supporting the petitioner, and by
Ms. Elizabeth L. Jacobs for the respondent.
No. 09–5327. Albert Holland, Petitioner v. Florida. Argued by
Mr. Todd G. Scher, appointed by this Court, for the petitioner, and by
Mr. Solicitor General Scott D. Makar for the respondent.
No. 08–1394. Jeffrey K. Skilling, Petitioner v. United States. Argued
by Mr. Sri Srinivasan for the petitioner and by Mr. Michael R. Dreeben
for the respondent.
Opinions
No. 08–240. Mac’s Shell Service, Inc., et al., Petitioners v. Shell Oil
Products Company LLC, et al.; and
No. 08–372. Shell Oil Products Company LLC, et al., Petitioners v.
Mac’s Shell Service, Inc., et al. On writs of certiorari to the United
States Court of Appeals for the First Circuit. Judgment reversed in
part and affirmed in part. The cases are remanded to the United States
Court of Appeals for the First Circuit for further proceedings consist
ent with the opinion of this Court. Opinion by Justice Alito.
No. 08–103. Reed Elsevier, Inc., et al., Petitioners v. Irvin Muchnick,
et al. On writ of certiorari to the United States Court of Appeals for
the Second Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Second Circuit for further pro
ceedings consistent with the opinion of this Court. Opinion by Justice
Thomas. Opinion by Justice Ginsburg, with whom Justice Stevens and
Justice Breyer join, concurring in part and concurring in the judgment.
Justice Sotomayor took no part in the consideration or decision of
this case.
No. 08–6925. Curtis Darnell Johnson, Petitioner v. United States.
On writ of certiorari to the United States Court of Appeals for the
Eleventh Circuit. Judgment reversed, Johnson’s sentence set aside, and
case remanded to the United States Court of Appeals for the Eleventh
Circuit for further proceedings consistent with the opinion of this
Court. Opinion by Justice Scalia. Dissenting opinion by Justice Alito,
with whom Justice Thomas joins.
Oral Arguments
No. 08–1521. Otis McDonald, et al., Petitioners v. City of Chicago,
Illinois, et al. Argued by Mr. Alan Gura for the petitioners, by Mr. Paul
D. Clement for the respondents National Rifle Association, Inc., et al.
in support of the petitioners, and by Mr. James A. Feldman for the
respondents City of Chicago, Illinois, et al.
No. 08–1529. Esther Hui, et al., Petitioners v. Yanira Castaneda, as
Personal Representative of the Estate of Francisco Castaneda, et al.
Argued by Ms. Elaine J. Goldenberg for the petitioners, by Mr. Pratik
A. Shah for the United States as amicus curiae, by special leave of the
Court, supporting the petitioners, and by Mr. Conal Doyle for the
respondents.
Oral Argument
No. 08–1555. Mohamed Ali Samantar, Petitioner v. Bashe Abdi You
suf, et al. Argued by Mr. Shay Dvoretzky for the petitioner, by
Ms. Patricia A. Millett for the respondents, and by Mr. Edwin S.
Kneedler for the United States as amicus curiae, by special leave of
the Court, supporting the respondents.
Certiorari—Summary Dispositions
No. 08–9538. Donald Ray Harris, Petitioner v. United States. On
petition for writ of certiorari to the United States Court of Appeals for
the Eleventh Circuit. Motion of petitioner for leave to proceed in forma
pauperis and petition for writ of certiorari granted. Judgment vacated,
and case remanded to the United States Court of Appeals for the Elev
enth Circuit for further consideration in light of Johnson v. United
States, 559 U. S. ––– (2010).
No. 09–5135. Patrick Frederick Williams, Petitioner v. United
States. On petition for writ of certiorari to the United States Court of
Appeals for the Eleventh Circuit. Motion of petitioner for leave to pro
ceed in forma pauperis and petition for writ of certiorari granted.
Judgment vacated, and case remanded to the United States Court of
Appeals for the Eleventh Circuit for further consideration in light of
Johnson v. United States, 559 U. S. ––– (2010).
No. 09–8866. William Oscar Harris, aka Oscar El Hari, Bey, Peti
tioner v. United States. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 09–8867. Archie R. Kenerson, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 09–8872. Devon Groves, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Seventh
Circuit denied.
No. 09–8875. Jacques Terrell Hayes, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–8876. Kali A. Hill, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Fourth
Circuit denied.
No. 09–8878. Eric Genaro Pakas-Cardenas, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–8880. Marcus Corson and Oscar Alvarez, Petitioners v.
United States. Petition for writ of certiorari to the United States Court
of Appeals for the Seventh Circuit denied.
No. 09–8881. Joe Castilleja, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 09–8889. Oscar Villicana-Ibarra, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 09–8890. Charles Robert Barefoot, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 09–8897. Juan M. Perez Cardenas, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 09–8899. Chris Coleman, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Eighth Circuit denied.
No. 09–8912. John Tibbs, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the First
Circuit denied.
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Mandamus Denied
No. 09–8479. In Re Carmon Warren, Petitioner. Petition for writ of
mandamus denied.
No. 09–8402. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
Rehearings Denied
No. 09–509. Judy Jones, Petitioner v. Virginia Andrews Burdette;
No. 09–550. Joseph Fessler, et ux., Petitioners v. Kirk Sauer Commu
nity Development of Wilkes-Barre, et al.;
No. 09–667. Yiqing Feng, Petitioner v. Sabic Americas, Inc.;
No. 09–6241. Srinivas V. Vadde, Petitioner v. Georgia; and
No. 09–7761. Laurie Marie Laskey, Petitioner v. Vision Infosoft. Pe
titions for rehearing denied.
Opinions
No. 08–1119. Milavetz, Gallop & Milavetz, P.A., et al., Petitioners
v. United States; and
No. 08–1225. United States, Petitioner v. Milavetz, Gallop & Mila
vetz, P.A., et al. On writs of certiorari to the United States Court of
Appeals for the Eighth Circuit. Judgment affirmed as to §§ 101(12A)
and 528; and reversed as to § 526(a)(4), and the cases are remanded to
the United States Court of Appeals for the Eighth Circuit for further
proceedings consistent with the opinion of this Court. Opinion by Jus
tice Sotomayor. Opinion by Justice Scalia, concurring in part and con
curring in the judgment. Opinion by Justice Thomas, concurring in part
and concurring in the judgment.
No. 08–728. Taylor James Bloate, Petitioner v. United States. On
writ of certiorari to the United States Court of Appeals for the Eighth
Circuit. Judgment reversed, and case remanded to the United States
Court of Appeals for the Eighth Circuit for further proceedings con
sistent with the opinion of this Court. Opinion by Justice Thomas, an
nounced by The Chief Justice. Concurring opinion by Justice Ginsburg.
Dissenting opinion by Justice Alito, with whom Justice Breyer joins.
Certiorari Denied
No. 09–9456 (09A821). Lawrence Reynolds, Petitioner v. Ted
Strickland, Governor of Ohio, et al. Application for stay of execution
of sentence of death presented to Justice Stevens and by him referred
to the Court denied. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
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Certiorari—Summary Disposition
No. 08–1264. Tejbir S. Oberoi, Petitioner v. United States. On peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit. Petition for writ of certiorari granted. Judgment
vacated, and case remanded to the United States Court of Appeals for
the Second Circuit for further consideration in light of Bloate v. United
States, 559 U. S. ––– (2010). Justice Sotomayor took no part in the con
sideration or decision of this petition.
Certiorari Granted
Certiorari Denied
certiorari to the United States Court of Appeals for the Third Circuit
denied.
No. 09–8667. Dale D. Godown, Petitioner v. John C. Marshall, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit denied.
No. 09–8669. Thomas Hill, Petitioner v. Michigan. Petition for writ
of certiorari to the Supreme Court of Michigan denied.
No. 09–8676. Dejuma Campbell, Petitioner v. New York. Petition for
writ of certiorari to the Appellate Division, Supreme Court of New
York, Second Judicial Department, denied.
No. 09–8677. Gary Ervin, Petitioner v. Ohio. Petition for writ of
certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.
No. 09–8678. Bobby Glenn Canida, Petitioner v. Rick Thaler, Direc
tor, Texas Department of Criminal Justice, Correctional Institutions
Division. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
No. 09–8680. Thomas Terrill Foster, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections, et al. Petition for writ
of certiorari to the United States Court of Appeals for the Eleventh
Circuit denied.
No. 09–8681. Jeffrey Matthews, Petitioner v. Randall G. Workman,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Tenth Circuit denied.
No. 09–8682. John L. Lotter, Petitioner v. Nebraska. Petition for
writ of certiorari to the Supreme Court of Nebraska denied.
No. 09–8685. John Barnes, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the First
Circuit denied.
No. 09–8686. Ronald Ranker, Petitioner v. Corrections Corporation
of America, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–8695. Shannon P. Coryell, Petitioner v. California Depart
ment of Corrections, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 09–8698. Ricardo J. Calderon-Lopez, Petitioner v. Amarilys
Budet-Rodriguez, et al. Petition for writ of certiorari to the United
States Court of Appeals for the First Circuit denied.
No. 09–8699. Steven W. Doane, Petitioner v. Walter A. McNeil, Sec
retary, Florida Department of Corrections, et al. Petition for writ of
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Mandamus Denied
No. 09–8892. In Re Salvatore M. Bombardiere, Sr., Petitioner; and
No. 09–9161. In Re Joseph L. Rainey, Petitioner. Petitions for writs
of mandamus denied.
No. 09–8626. In Re Earnest C. Woods, II, Petitioner; and
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Rehearings Denied
Attorney Discipline
No. D–2466. In the Matter of Discipline of Isidoro Rodriguez. Isidoro
Rodriguez, of Annandale, Virginia, is suspended from the practice of
law in this Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred from the
practice of law in this Court.
No. D–2467. In the Matter of Discipline of Montgomery Blair Sibley.
Montgomery Blair Sibley, of Washington, District of Columbia, is sus
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pended from the practice of law in this Court and a rule will issue,
returnable within 40 days, requiring him to show cause why he should
not be disbarred from the practice of law in this Court.
No. D–2468. In the Matter of Discipline of Peter Paul Mitrano. Peter
Paul Mitrano, of Merrifield, Virginia, is suspended from the practice of
law in this Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred from the
practice of law in this Court.
Oral Arguments
No. 08–998. Jan Hamilton Chapter 13 Trustee, Petitioner v. Steph
anie Kay Lanning. Argued by Mr. Jan Hamilton for the petitioner, by
Mr. Thomas C, Goldstein for the respondent, and by Ms. Sarah Har
rington for the United States as amicus curiae, by special leave of the
Court, supporting the respondent.
No. 09–223. Richard A. Levin, Tax Commissioner of Ohio, Petitioner
v. Commerce Energy, Inc., et al. Argued by Mr. Solicitor General Ben
jamin C. Mizer for the petitioner and by Mr. Stephen C. Fitch for the
respondents.
Opinion
No. 08–1134. United Student Aid Funds, Inc., Petitioner v. Francisco
J. Espinosa. On writ of certiorari to the United States Court of Appeals
for the Ninth Circuit. Judgment affirmed. Opinion by Justice Thomas.
Gorman
Gorman
FL Ann Quince
Mary Ellen Clark Tallahassee, FL Justice Peggy
Ann Quince
Ward Patrick Griffin Washington, DC Justice Peggy
Ann Quince
Alison L. Kelly West Palm Beach, Justice Peggy
FL Ann Quince
Jenny S. Kim Tallahassee, FL Justice Peggy
Ann Quince
Jennifer Lynn Fessler Manchester, NH Robert V.
Ward, Jr.
Charles Edward Green, Jr. Plantsville, CT Robert V.
Ward, Jr.
Minhtram T. Tran New Bedford, MA Robert V.
Ward, Jr.
Michael Paul Wilson Philadelphia, PA Robert V.
Ward, Jr.
Christine H. Barrington West Haven, CT Robert V.
Ward, Jr.
Felix S. Betro Foxboro, MA Robert V.
Ward, Jr.
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Oral Argument
No. 08–1457. New Process Steel. L.P., Petitioner v. National Labor
Relations Board. Argued by Mr. Sheldon E. Richie for the petitioner
and by Mr. Neal K. Katyal for the respondent.
Oral Arguments
No. 08–1553. Kawasaki Kisen Kaisha Ltd., et al., Petitioners v.
Regal-Benoit Corporation, et al.; and
No. 08–1554. Union Pacific Railroad Company, Petitioner v. Regal-
Benoit Corporation, et al. Argued by Mr. J. Scott Ballenger for the
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Certiorari—Summary Disposition
Certiorari Denied
Mandamus Denied
Prohibition Denied
Rehearings Denied
Oral Arguments
No. 09–338. Paul Renico, Warden, Petitioner v. Reginald Lett. Ar
gued by Mr. Joel D. McGormley for the petitioner and by Ms. Marla R.
McCowan, appointed by this Court, for the respondent.
No. 08–1191. Robert Morrison, et al., Petitioners v. National Austra
lia Bank Ltd., et al. Argued by Mr. Thomas A. Dubbs for the petition
ers, by Mr. George T. Conway, III, for the respondents, and by
Mr. Matthew D. Roberts for the United States as amicus curiae, by
special leave of the Court, supporting the respondents. Justice Soto
mayor recused.
Opinions
Oral Arguments
Opinions
No. 08–1008. Shady Grove Orthopedic Associates, P.A., Petitioner v.
Allstate Insurance Company. On writ of certiorari to the United States
Court of Appeals for the Second Circuit. Judgment reversed, and case
remanded to the United States Court of Appeals for the Second Circuit
for further proceedings. Justice Scalia announced the judgment of the
Court and delivered the opinion of the Court with respect to Parts I
and II–A, an opinion with respect to Parts II–B and II–D, in which
The Chief Justice, Justice Thomas, and Justice Sotomayor join, and an
opinion with respect to Part II–C, in which The Chief Justice and Jus
tice Thomas join. Opinion by Justice Stevens, concurring in part and
concurring in the judgment. Dissenting opinion by Justice Ginsburg,
with whom Justice Kennedy, Justice Breyer, and Justice Alito join.
No. 08–651. Jose Padilla, Petitioner v. Kentucky. On writ of certio
rari to the Supreme Court of Kentucky. Judgment reversed, and case
remanded to the Supreme Court of Kentucky for further proceedings
not inconsistent with the opinion of this Court. Opinion by Justice Ste
vens. Opinion by Justice Alito, with whom The Chief Justice joins, con
curring in the judgment. Dissenting opinion by Scalia, with whom Jus
tice Thomas joins.
Oral Arguments
No. 09–60. Jose Angel Carachuri-Rosendo, Petitioner v. Eric H.
Holder, Jr., Attorney General. Argued by Mr. Sri Srinivasan for the
petitioner and by Ms. Nicole A. Saharsky for the respondent.
No. 08–6261. John Robertson, Petitioner v. United States, ex rel.
Wykenna Watson. Argued by Ms. Jaclyn S. Frankfurt for the peti
tioner, by Mr. Robert A. Long, Jr. for the respondent, and by
Ms. Solicitor General Elena Kagan for the United States as amicus
curiae, by special leave of the Court, supporting the respondent.
Certiorari—Summary Dispositions
No. 08–9888. Jesus Natividad Santos-Sanchez, Petitioner v. United
States. On petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit. Motion of petitioner for leave to proceed
in forma pauperis and petition for writ of certiorari granted. Judg
ment vacated, and case remanded to the United States Court of Ap
peals for the Fifth Circuit for further consideration in light of Padilla
v. Kentucky, 559 U. S. ––– (2010).
No. 09–163. Ameriprise Financial, Inc., fka American Express Fi
nancial Corporation, et al., Petitioners v. John E. Gallus, et al. On peti
tion for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit. Petition for writ of certiorari granted. Judgment
vacated, and case remanded to the United States Court of Appeals for
the Eighth Circuit for further consideration in light of Jones v. Harris
Associates L.P., 559 U. S. ––– (2010).
Certiorari Denied
No. 09–489. Theresa D’Jamoos, as Executrix of the Estate of Dawn
Elizabeth Weingeroff, et al., Petitioners v. Pilatus Aircraft Ltd., et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 09–498. Ismael John, et al., Petitioners v. United States; and
No. 09–499. People of Bikini, Petitioner v. United States. Petitions
for writs of certiorari to the United States Court of Appeals for the
Federal Circuit denied.
No. 09–681. Armand Bonvicino, et al., Petitioners v. Bruce Hopkins.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–709. Jeffrey J. Reed, Petitioner v. International Union,
United Automobile, Aerospace and Agricultural Implement Workers of
America. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–755. Louis Dale Marcantel, Individually and in His Official
Capacity as Chief of Police of the Village of Turkey Creek, Louisiana,
Petitioner v. Michell B. Deville, et vir; and
No. 09–817. Dewayne Tarver, Individually and in His Official Capac
ity as Duly Commissioned Officer by the Village of Turkey Creek, Peti
tioner v. Michell B. Deville, et vir. Petitions for writs of certiorari to
the United States Court of Appeals for the Fifth Circuit denied.
No. 09–779. Elmon Walters, et al., Petitioners v. American Coach
Lines of Miami, Inc. Petition for writ of certiorari to the United States
Court of Appeals for the Eleventh Circuit denied.
No. 09–819. SAP AG, et al., Petitioners v. Sky Technologies LLC.
Petition for writ of certiorari to the United States Court of Appeals
for the Federal Circuit denied.
No. 09–922. Dave Jordan, Petitioner v. Apache Corp., et al. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 09–952. John H. Bradbury, Petitioner v. Idaho Judicial Council.
Petition for writ of certiorari to the Supreme Court of Idaho denied.
No. 09–957. Charles Patton, Petitioner v. Illinois. Petition for writ
of certiorari to the Appellate Court of Illinois, First District, denied.
No. 09–959. Thomas W. Heath, III, Petitioner v. Securities and Ex
change Commission. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
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tiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–8942. Anthony Pompey, Petitioner v. New York. Petition for
writ of certiorari to the Appellate Division, Supreme Court of New
York, First Judicial Department, denied.
No. 09–8947. Alice Richards-Johnson, Petitioner v. American Ex
press. Petition for writ of certiorari to the United States Court of Ap
peals for the Seventh Circuit denied.
No. 09–8952. Emilio Jesus Nunez, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections, et al. Petition for writ
of certiorari to the United States Court of Appeals for the Eleventh
Circuit denied.
No. 09–8953. Oscar Alberto Parada, Petitioner v. California. Petition
for writ of certiorari to the Court of Appeal of California, Second Ap
pellate District, denied.
No. 09–8955. Dickie Crawley, Petitioner v. Ohio. Petition for writ of
certiorari to the Court of Appeals of Ohio, Hamilton County, denied.
No. 09–8956. Joseph Barragan Campa, Petitioner v. Texas. Petition
for writ of certiorari to the Court of Appeals of Texas, Fifth District,
denied.
No. 09–8960. Geraldo C. Bascomb, II, Petitioner v. Larry A. Small,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–8961. Thomas James Roberts, Petitioner v. Billy Mitchem,
Warden, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
No. 09–8965. Joseph D. Thornblad, Petitioner v. Robin Christopher
Vue-Benson, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Eighth Circuit denied.
No. 09–8968. William R. Harding, Petitioner v. Ohio. Petition for
writ of certiorari to the Court of Appeals of Ohio, Montgomery
County, denied.
No. 09–8971. Daniel Jon Peterka, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections. Petition for writ of cer
tiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–8974. Darrell Wayne Maness, Petitioner v. North Carolina.
Petition for writ of certiorari to the Supreme Court of North Caro
lina denied.
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Rehearings Denied
No. 09–7280. Paul Farnsworth, Petitioner v. Larry McNeil, et al.;
No. 09–7367. Donald C. Richardson, Petitioner v. Michigan State
Treasurer;
No. 09–7439. Donald Griggs, Petitioner v. United States;
No. 09–7457. Curtis Fuller, Petitioner v. David Bergh, Warden;
No. 09–7587. Raymond P. Vinnie, Petitioner v. Massachusetts;
No. 09–7676. Gerald H. Sternberg, Petitioner v. Michigan State Uni
versity, et al.;
No. 09–7714. Fred L. Murray, Jr., Petitioner v. Hyacinth Walker-
Murray;
No. 09–7877. Janet Francis, Petitioner v. Joint Force Headquarters
National Guard, et al.;
No. 09–7878. Sheila Dennis, Petitioner v. Keller Meyer Building
Services;
No. 09–8096. In Re James Edward Walls, Petitioner;
No. 09–8100. Ra’Zulu Ukawabutu, Petitioner v. Michelle R. Ricci,
Associate Administrator, New Jersey State Prison, et al.;
No. 09–8104. Laurie Marie Laskey, Petitioner v. Platt Electric Sup
ply, Inc.;
No. 09–8155. Broderick White, Petitioner v. State Farm Insurance
Company;
No. 09–8177. Steven Crain, Petitioner v. Ronald N. Tutor, et al.;
No. 09–8352. In Re Randy Jackson, Petitioner;
No. 09–8458. Allan Elias, Petitioner v. United States; and
No. 09–8535. David Winters, Petitioner v. United States Parole
Commissioner, et al. Petitions for rehearing denied.
Bourgeois
Cassidy, Jr.
O’Brien
Eric Vaughn Flam New York, NY Randall S. D.
Jacobs
Denzil Horace Forrester Charlotte, NC Randolph
Marshall Lee
Marcia Vestylena Forsett Bartow, FL James Marion
Moorman
Amanda Jill Futch Monroe, LA Johnny R.
Huckabay, II
Stephanie Agli Gallagher Baltimore, MD Steven Hale Levin
Geoffrey H. Genth Baltimore, MD Andrew Jay
Graham
Grant D. Gerber Baltimore, MD Charles Frederick
Ryland
Tamara M. Gerrard Honolulu, HI Robert S. Katz
Bonnie S. Greenberg Baltimore, MD Andrew Clayton
White
Michael John Halaiko Baltimore, MD Joseph William
Hovermill
Thomas J. Hamilton Washington, DC Stephen H. Myers
Mary L. Harokopus McKinney, TX Robert Francois
Friedman
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Grimm
Lamken
Certiorari—Summary Disposition
No. 08–1307. Charles E. Holster, III, Petitioner v. Gatco, Inc., dba
Folio Associates. On petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
Court of Appeals for the Second Circuit for further consideration in
light of Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co.,
559 U. S. ––– (2010). Concurring opinion by Justice Scalia. Dissenting
opinion by Justice Ginsburg, with whom Justice Breyer joins. Justice
Sotomayor took no part in the consideration or decision of this petition.
Certiorari Granted
certiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 09–678. Patricia Simon, et al., Petitioners v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the First Circuit denied.
No. 09–717. Delma Banks, Petitioner v. Rick Thaler, Director, Texas
Department of Criminal Justice, Correctional Institutions Division.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 09–727. Rodrique Bradley, Petitioner v. Louisiana. Petition for
writ of certiorari to the Court of Appeal of Louisiana, Second Circuit,
denied.
No. 09–763. Darniece Turnipseed, et al., Petitioners v. Dorothy
Brown, Clerk, Circuit Court of Illinois, Cook County, et al. Petition for
writ of certiorari to the Appellate Court of Illinois, First District,
denied.
No. 09–788. Norfolk Southern Railway Company, Petitioner v.
Thomas David Jordan, et al. Petition for writ of certiorari to the Court
of Appeals of Tennessee, Western Division, denied.
No. 09–790. Edmund Zagorski, Petitioner v. Ricky Bell, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 09–799. Eric L. Davies, et ux., Petitioners v. David T. Moysa,
et ux.; and Eric L. Davies, et ux., Petitioners v. Philip Doi, Judge,
District Court of Hawaii, First Circuit, et al. Petition for writ of certio
rari to the Supreme Court of Hawaii denied.
No. 09–800. North County Community Alliance, Inc., Petitioner v.
Ken L. Salazar, Secretary of the Interior, et al. Petition for writ of
certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 09–810. Grand River Enterprises Six Nations, Ltd., Petitioner
v. Dustin McDaniel, Attorney General of Arkansas. Petition for writ
of certiorari to the United States Court of Appeals for the Eighth
Circuit denied.
No. 09–826. David K. Stone, et al., Petitioners v. Devon Energy Pro
duction Company, L. P., et al. Petition for writ of certiorari to the Su
preme Court of Wyoming denied.
No. 09–946. Joseph Jaskolski, et al., Petitioners v. Rick Daniels, et al.
Petition for writ of certiorari to the Court of Appeals of Indiana, First
District, denied.
JNL09$0419—04-28-10 16:00:41 JOURNAPGT MILES
Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 09–1080. Liders Porras, Petitioner v. Eric H. Holder, Jr., Attor
ney General. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied. Justice Sotomayor took no
part in the consideration or decision of this petition.
No. 09–9042. Laurie Marie Laskey, Petitioner v. RCN Corporation.
Motion of petitioner for leave to proceed in forma pauperis denied,
and petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit dismissed. See Rule 39.8.
No. 09–9074. Steven Kent Bloom, Petitioner v. Elizabeth L. Rice,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the Court of Appeals of
Kansas dismissed. See Rule 39.8.
No. 09–9093. Gregory Lawrence Moore, Petitioner v. Rissie L.
Owens, et al. Motion of petitioner for leave to proceed in forma pau
peris denied, and petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit dismissed. See Rule 39.8.
No. 09–9638. Charles Bruce Thomas, Petitioner v. United States.
Motion of petitioner for leave to proceed in forma pauperis denied,
and petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit dismissed. See Rule 39.8. As petitioner has
repeatedly abused this Court’s process, the Clerk is directed not to
accept any further petitions in noncriminal matters from petitioner
unless the docketing fee required by Rule 38(a) is paid and petition
submitted in compliance with Rule 33.1. See Martin v. District of Co
lumbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Ste
vens dissents. See id., at 4, and cases cited therein.
No. 09–9655. Marian Jass, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this petition.
No. 09–9715. William Darby, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this petition.
No. 09–9745. Edward Tucker, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied. Justice Sotomayor took no part in the consider
ation or decision of this petition.
JNL09$0419—04-28-10 16:00:41 JOURNAPGT MILES
Mandamus Denied
Rehearings Denied
TX Townsend
Crowther
McAllister
Oral Arguments
McConnell for the petitioner and by Mr. Gregory G. Garre for the
respondents.
No. 08–1332. City of Ontario, California, et al., Petitioners v. Jeff
Quon, et al. Argued by Mr. Kent L. Richland for the petitioners, by
Mr. Neal K. Katyal for the United States as amicus curiae, by special
leave of the Court, supporting the petitioners, and by Mr. Dieter Dam
meier for the respondents.
Certiorari Denied
No. 09–10250 (09A972). Darryl Durr, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
Certiorari Denied
No. 09–10280 (09A979). Darryl Durr, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
Certiorari Denied
No. 09–10281 (09A980). Darryl Durr, Petitioner v. Richard Cordray,
Attorney General of Ohio, et al. Application for stay of execution of
sentence of death presented to Justice Stevens and by him referred to
the Court denied. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
JNL09$0420—04-27-10 16:44:23 JOURNAPGT MILES
Opinion
Oral Argument
No. 09–367. Brian Russell Dolan, Petitioner v. United States. Ar
gued by Ms. Pamela S. Karlan, appointed by this Court, for the peti
tioner and by Mr. Toby J. Heytens for the respondent.
Opinions
No. 08–1200. Karen L. Jerman, Petitioner v. Carlisle, McNellie, Rini,
Kramer & Ulrich LPA, et al. On writ of certiorari to United States
Court of Appeals for the Sixth Circuit. Judgment reversed, and case
remanded to the United States Court of Appeals for the Sixth Circuit
for further proceedings consistent with the opinion of this Court. Opin
ion by Justice Sotomayor. Concurring opinion by Justice Breyer. Opin
ion by Justice Scalia, concurring in part and concurring in the judg
ment. Dissenting opinion by Justice Kennedy, with whom Justice
Alito joins.
No. 08–970. Sonny Perdue, Governor of Georgia, et al., Petitioners
v. Kenny A., By His Next Friend Linda Winn, et al. On writ of certio
rari to the United States Court of Appeals for the Eleventh Circuit.
Judgment reversed, and case remanded to the United States Court of
Appeals for the Eleventh Circuit for further proceedings consistent
with the opinion of this Court. Opinion by Justice Alito. Concurring
opinion by Justice Kennedy. Concurring opinion by Justice Thomas.
Opinion by Justice Breyer, with whom Justice Stevens, Justice Gins
burg, and Justice Sotomayor join, concurring in part and dissenting
in part.
No. 09–810. Sally L. Conkright, et al., Petitioners v. Paul J. From
mert, et al. On writ of certiorari to the United States Court of Appeals
for the Second Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Second Circuit for further pro
ceedings consistent with the opinion of this Court. Opinion by The
Chief Justice. Dissenting opinion by Justice Breyer, with whom Justice
Stevens and Justice Ginsburg join. Justice Sotomayor took no part in
the consideration or decision of this case.
Certiorari—Summary Disposition
No. 09–724. The Real Truth About Obama, Inc., Petitioner v. Federal
Election Commission, et al. On petition for writ of certiorari to the
United States Court of Appeals for the Fourth Circuit. Petition for
writ of certiorari granted. Judgment vacated, and case remanded to
the United States Court of Appeals for the Fourth Circuit for further
consideration in light of Citizens United v. Federal Election Comm’n,
558 U. S. ––– (2010) and the Solicitor General’s suggestion of mootness.
Certiorari Granted
No. 09–737. Michelle Ortiz, Petitioner v. Paula Jordan, et al. Petition
for writ of certiorari to the United States Court of Appeals for the
Sixth Circuit granted.
No. 08–1448. Arnold Schwarzenegger, Governor of California, et al.,
Petitioners v. Entertainment Merchants Association, et al. Motion of
California State Senator Leland Y. Yee, et al. for leave to file a brief
as amici curiae out of time denied. Petition for writ of certiorari to
the United States Court of Appeals for the Ninth Circuit granted.
Certiorari Denied
No. 08–10994. Keith R. Jeffers, Petitioner v. West Virginia. Petition
for writ of certiorari to the Circuit Court of West Virginia, Kanawha
County, denied.
No. 09–753. Robert McGowan, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 09–938. D. Clark Ogle, Liquidating Trustee of the Agway Liqui
dating Trust, Petitioner v. Fidelity & Deposit Company of Maryland.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
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Mandamus Denied
No. 09–8701. In Re Lindsey Kent Springer, Petitioner; and
No. 09–9277. In Re Jeffrey Sanders, Petitioner. Petitions for writs
of mandamus denied.
No. 09–9174. In Re Hubert Warren, Petitioner. Motion of petitioner
for leave to proceed in forma pauperis denied, and petition for writ of
mandamus dismissed. See Rule 39.8.
Rehearings Denied
No. 09–722. Harold Green, Petitioner v. Cleary Water, Sewer and
Fire District;
No. 09–768. Robert D. Straley, Petitioner v. Utah Board of Par
dons, et al.;
No. 09–7887. Tavares Antonio McDuffie, Petitioner v. Florida;
No. 09–7891. Wanda Renae Scott, aka Wanda Renae Scott Thomas,
Petitioner v. South Carolina;
No. 09–8139. Bruce Monroe Greer, Petitioner v. Cynthia Nelson,
Warden;
No. 09–8303. Carlos L. Woodson, aka Carlo L. Woodson, Petitioner
v. Katherine Rundle-Fernandez, State Attorney;
No. 09–8304. Judith Tompson, Petitioner v. Town of Salem, New
Hampshire;
No. 09–8391. Jacob Sampson, Petitioner v. Andrea France, et al.;
No. 09–8463. Jesse White, et ux., Petitioners v. Mortgage Electronic
Registration Systems, Incorporated;
JNL09$0426—05-04-10 17:32:29 JOURNAPGT MILES
Oral Arguments
No. 09–497. Rent-A-Center, West, Inc., Petitioner v. Antonio Jack
son. Argued by Mr. Robert F. Friedman for the petitioner and by
Mr. Ian E. Silverberg for the respondent.
No. 09–448. Bridget Hardt, Petitioner v. Reliance Standard Life In
surance Company. Argued by Mr. John R. Ates for the petitioner, by
Mr. Pratik A. Shah for the United States as amicus curiae, by special
leave of the Court, supporting the petitioner, and by Mr. Nicholas Q.
Rosenkranz for the respondent.
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
MI Howarth
Howarth
MI Howarth
Oral Argument
No. 09–475. Monsanto Company, et al., Petitioners v. Geertson Seed
Farms, et al. Argued by Mr. Gregory G. Garre for the petitioners, by
Mr. Malcolm L. Stewart for the federal respondents, supporting the
petitioners, and by Mr. Lawrence S. Robbins for the respondents. Jus
tice Breyer recused.
Opinion
No. 08–472. Ken L. Salazar, Secretary of the Interior, et al., Peti
tioners v. Frank Buono. On writ of certiorari to the United States
Court of Appeals for the Ninth Circuit. Judgment reversed, and case
remanded to the United States Court of Appeals for the Ninth Circuit
for further proceedings. Justice Kennedy announced the judgment of
the Court and delivered an opinion, in which The Chief Justice joins
and Justice Alito joins in part. Concurring opinion by The Chief Justice.
Opinion by Justice Alito, concurring in part and concurring in the judg
ment. Opinion by Justice Scalia, with whom Justice Thomas joins, con
curring in the judgment. Dissenting opinion by Justice Stevens, with
whom Justice Ginsburg and Justice Sotomayor join. Dissenting opinion
by Justice Breyer.
Oral Argument
No. 09–559. John Doe #1, et al., Petitioners v. Sam Reed, Washington
Secretary of State, et al. Argued by Mr. James Bopp, Jr. for the peti
tioners and by Mr. Attorney General Robert M. McKenna for the
respondents.
Orders
Ordered:
1. That the Federal Rules of Appellate Procedure be, and they
hereby are, amended by including therein amendments to Appellate
Rules 1, 4, and 29, and Form 4.
2. That the foregoing amendments to the Federal Rules of Appellate
Procedure shall take effect on December 1, 2010, and shall govern in
all proceedings in appellate cases thereafter commenced and, insofar
as just and practicable, all proceedings then pending.
JNL09$0428—05-05-10 09:25:08 JOURNAPGT MILES
Certiorari—Summary Dispositions
Certiorari Denied
Mandamus Denied
No. 09–9366. In Re Hubert Warren, Petitioner; and
No. 09–9369. In Re Hubert Warren, Petitioner. Motions of petition
ers for leave to proceed in forma pauperis denied, and petitions for
writs of mandamus dismissed. See Rule 39.8.
Rehearings Denied
No. 08–10932. Fidele Birahagaze Batekreze, Petitioner v. Arizona;
No. 09–807. James Henry Deneal, Petitioner v. Ronny Shaver;
JNL09$0503—05-17-10 16:19:22 JOURNAPGT MILES
Attorney Discipline
No. D–2465. In the Matter of Disbarment of Eddie Michael Pope.
Disbarment order entered.
JNL09$0503—05-17-10 16:19:22 JOURNAPGT MILES
I write with regret to note the closing of the Court’s front entrance.
The Supreme Court building is currently undergoing extensive con
struction, and the Court has decided that, after this construction is
completed, visitors to the Court—including the parties whose cases we
decide, the attorneys who argue those cases, and the members of the
public who come to listen and to observe their government in action—
will have to enter through a side door. While I recognize the reasons
for this change, on balance I do not believe they justify it. I think the
change is unfortunate, and I write in the hope that the public will one
day in the future be able to enter the Court’s Great Hall after passing
under the famous words “Equal Justice Under Law.”
Cass Gilbert faced a difficult problem when he was commissioned to
design the Court’s present home. The Court was to be built on a
small, irregularly-shaped plot of land adjacent to both the Capitol and
the Library of Congress, two powerful and prominent architectural
competitors. How was Gilbert to create a distinctive, yet fitting, home
for the Court in these circumstances?
Gilbert’s solution was to design an entrance that, in the words of
architect and lawyer Paul Byard, “emphasiz[ed] the processional prog
ress toward justice reenacted daily in [the Court’s] premises.” Start
ing at the Court’s western plaza, Gilbert’s plan leads visitors along
a carefully choreographed, climbing path that ultimately ends at the
courtroom itself. The Court’s forty-four marble steps, the James
Earle Fraser sculptures Contemplation of Justice and Authority of
Law, the Western portico with its eight pairs of columns standing high
above the removed wings of the building, the Great Hall—each of these
elements does its part to encourage contemplation of the Court’s cen
tral purpose, the administration of justice to all who seek it.
But the significance of the Court’s front entrance extends beyond its
design and function. Writers and artists regularly use the steps to
represent the ideal that anyone in this country may obtain meaningful
justice through application to this Court. And the steps appear in
countless photographs commemorating famous arguments or other mo
ments of historical importance. In short, time has proven the success
of Gilbert’s vision: To many members of the public, this Court’s main
entrance and front steps are not only a means to, but also a metaphor
for, access to the Court itself.
JNL09$0503—05-19-10 07:28:33 JOURNAPGT MILES
This is why, even though visitors will remain able to leave via the
front entrance, I find dispiriting the Court’s decision to refuse to permit
the public to enter. I certainly recognize the concerns identified in the
two security studies that led to this recent decision (which reaffirmed a
decision made several years ago). But potential security threats will
exist regardless of which entrance we use. And, in making this deci
sion, it is important not to undervalue the symbolic and historic impor
tance of allowing visitors to enter the Court after walking up Gilbert’s
famed front steps.
To my knowledge, and I have spoken to numerous jurists and archi
tects worldwide, no other Supreme Court in the world—including
those, such as Israel’s, that face security concerns equal to or greater
than ours—has closed its main entrance to the public. And the main
entrances to numerous other prominent public buildings in America
remain open. I thus remain hopeful that, sometime in the future, tech
nological advances, a Congressional appropriation, or the dissipation of
the current security risks will enable us to restore the Supreme Court’s
main entrance as a symbol of dignified openness and meaningful access
to equal justice under law.
JNL09$0512—05-19-10 07:29:49 JOURNAPGT MILES
Certiorari Denied
No. 09–10719 (09A1089). Michael Francis Beuke, Petitioner v. Ted
Strickland, Governor of Ohio, et al. Application for stay of execution
of sentence of death presented to Justice Stevens and by him referred
to the Court denied. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
JNL09$0517—05-26-10 14:15:56 JOURNAPGT MILES
Certiorari—Summary Disposition
Certiorari Granted
No. 09–868. Ashbel T. Wall, II, Director, Rhode Island Department
of Corrections, Petitioner v. Khalil Kholi. Motion of respondent for
leave to proceed in forma pauperis granted. Petition for writ of certio
rari to the United States Court of Appeals for the First Circuit
granted.
Certiorari Denied
No. 09–594. Jose Erasmo De la Rosa, Petitioner v. Eric H. Holder,
Jr., Attorney General. Petition for writ of certiorari to the United
States Court of Appeals for the Eleventh Circuit denied.
JNL09$0517—05-26-10 14:15:56 JOURNAPGT MILES
Mandamus Denied
Rehearings Denied
Attorney Discipline
England
Jr.
Elena Martinez Gallegos Albuquerque, NM Bridget R.
Robinson
Heather L. Gardner Anchorage, AK Fred Richard
Curtner, III
Merrill C. Godfrey Washington, DC James Patrick
Tuite
Stuart Warren Goering Anchorage, AK Clyde Edward
Sniffen, Jr.
Margaret M. Grignon Los Angeles, CA James
Christopher
Martin
R. Stewart Guernsey Water Valley, MS David G. Hill
Judith W. Gweon Riverside, CA Eric Vincent Isaac
Judy Simmons Henry Little Rock, AR Charles T.
Coleman
Lisa Bowlin Hobbs Austin, TX Thomas S.
Leatherbury
Bonnie Holcomb Los Angeles, CA William Dean
Freeman
Carey J. Huff Fair Haven, NJ Mary R. Juliano
Joslyn Hunt Helena, MT John P. Connor, Jr.
Robin Lilley Jackson Charleston, SC Sandra J. Senn
Susan Allison Kidwell Austin, TX Sarah B. Duncan
Linda R. Larson Seattle, WA Jeff B. Kray
Coby Warren Logan Fort Smith, AR Robert T. Dawson
Paul Anthony Lynch Honolulu, HI L. Richard
Fried, Jr.
Nicole Nicolette Mace Myrtle Beach, SC Russell Warren
Mace, III
James William McCarthy Oswego, NY James P. McGrath
Charles Anthony Washington, DC Ruth-Arlene W.
McCullough, II Howe
Borger
Certiorari Denied
No. 09–10888 (09A1115). Gerald James Holland, Petitioner v. Mis
sissippi. Application for stay of execution of sentence of death pre
sented to Justice Scalia and by him referred to the Court denied. Peti
tion for writ of certiorari to the Supreme Court of Mississippi denied.
Certiorari Denied
No. 09–1345 (09A1061). Darick Demorris Walker, Petitioner v. Lo
retta K. Kelly, Warden. Application for stay of execution of sentence
of death presented to The Chief Justice and by him referred to the
Court denied. Motion of Arc of the United States for leave to file a brief
as amicus curiae granted. Motion of Constitution Project for leave to
file a brief as amicus curiae granted. Petition for writ of certiorari to
the United States Court of Appeals for the Fourth Circuit denied. Jus
tice Stevens, Justice Ginsburg, and Justice Sotomayor would grant the
application for stay of execution.
Certiorari Denied
No. 09–1346 (09A1062). Darick Demorris Walker, Petitioner v. Lo
retta K. Kelly, Warden. Application for stay of execution of sentence
of death presented to The Chief Justice and by him referred to the
Court denied. Motion of Arc of the United States for leave to file a
brief as amicus curiae granted. Petition for writ of certiorari to the
United States Court of Appeals for the Fourth Circuit denied. Justice
Stevens, Justice Ginsburg, and Justice Sotomayor would grant the ap
plication for stay of execution.
JNL09$0524—06-04-10 13:14:11 JOURNAPGT MILES
Certiorari—Summary Disposition
Certiorari Granted
No. 09–812. Lilian Ileto, Petitioner v. Glock, Inc., et al. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 09–871. Curr-Spec Partners, L. P., Petitioner v. Commissioner
of Internal Revenue. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–882. John David Ruelas, Petitioner v. Hugh Wolfenbarger,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–908. Deborah Orlando Cooney, Petitioner v. Lyle Rossiter, Jr.,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Seventh Circuit denied.
No. 09–953. Tim Reisch, et al., Petitioners v. Charles E. Sisney, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 09–962. LaSalle Group, Inc., Petitioner v. Trustees of the Detroit
Carpenters Fringe Benefit Funds. Petition for writ of certiorari to the
United States Court of Appeals for the Sixth Circuit denied.
No. 09–965. Rupert M. Pollard, Petitioner v. Estate of Marie A. Mer
kel, Deceased, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–998. Shawn Drake, Petitioner v. Louisiana. Petition for writ
of certiorari to the Supreme Court of Louisiana denied.
No. 09–1108. Aimee Zmysly, Petitioner v. United States, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 09–1119. Carlos Fitzgerald Smith, Petitioner v. North Carolina.
Petition for writ of certiorari to the Court of Appeals of North Caro
lina denied.
No. 09–1125. Glenn Allen Adair, dba Super D 229, et al., Petitioners
v. Lease Partners, Inc., et al. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 09–1128. Daniel J. Segal, Petitioner v. Fifth Third Bank, N. A.,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Sixth Circuit denied.
No. 09–1130. Dorothy Scholwin, Petitioner v. Department of Chil
dren and Families. Petition for writ of certiorari to the Appeals Court
of Massachusetts denied.
JNL09$0524—06-04-10 13:14:11 JOURNAPGT MILES
tion for writ of certiorari to the United States Court of Appeals for
the Third Circuit denied.
No. 09–9774. Christopher Lamont Benjamin, Petitioner v. Darlene
White. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–9775. LaKeith Raqib Amir-Sharif, Petitioner v. Texas. Peti
tion for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 09–9776. Patrick Williams, Petitioner v. California Department
of Corrections, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 09–9779. Herman L. Nitz, Jr., Petitioner v. Jean Harvey, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 09–9790. Lorenzo Rivera, Petitioner v. Texas. Petition for writ
of certiorari to the Court of Criminal Appeals of Texas denied.
No. 09–9793. Ansis C. Davis, Petitioner v. Florida. Petition for writ
of certiorari to the District Court of Appeal of Florida, Fifth District,
denied.
No. 09–9794. Michael Anthony Dixon, Petitioner v. Maddox Kilgore,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Eleventh Circuit denied.
No. 09–9795. Dennis O’Brien Edwards, Petitioner v. The Boeing
Company, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Tenth Circuit denied.
No. 09–9885. Onofre Tommy Serrano, Petitioner v. California. Peti
tion for writ of certiorari to the Court of Appeal of California, Second
Appellate District, denied.
No. 09–9945. Carmen P., Petitioner v. San Diego County Health &
Human Services Agency. Petition for writ of certiorari to the Court of
Appeal of California, Fourth Appellate District, Division One, denied.
No. 09–10048. Montavius A. Johnson-El, Petitioner v. Roy Cooper,
Attorney General of North Carolina, et al. Petition for writ of certio
rari to the United States Court of Appeals for the Fourth Circuit
denied.
No. 09–10093. Jesse Wade Glover, Petitioner v. Tennessee. Petition
for writ of certiorari to the Court of Criminal Appeals of Tennessee,
Western Division, denied.
JNL09$0524—06-04-10 13:14:11 JOURNAPGT MILES
Mandamus Denied
Rehearings Denied
Attorney Discipline
No. D–2466. In the Matter of Disbarment of Isidoro Rodriguez. Dis
barment order entered.
Durant, III
Durant, III
Durant, III
Durant, III
Durant, III
Durant, III
Certiorari Denied
No. 09–11000 (09A1128). John Avalos Alba, Petitioner v. Texas. Ap
plication for stay of execution of sentence of death presented to Justice
Scalia and by him referred to the Court denied. Petition for writ of
certiorari to the Court of Criminal Appeals of Texas denied.
JNL09$0601—06-09-10 10:27:39 JOURNAPGT MILES
Rehearings Denied
No. 09–975. Maria L. Peterson, Petitioner v. PDQ Food Stores Inc.,
et al.;
No. 09–8136. Thurman Lee Henderson, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division;
No. 09–8192. Antonio Hinton, Petitioner v. M. McQuillan, et al.;
No. 09–8314. Johnny L. Ruffin, Petitioner v. David DiGuglielmo,
Superintendent, State Correctional Institution at Graterford, et al.;
No. 09–8349. Lucille R. Kelley, Petitioner v. Texas Workforce Com
mission, et al.;
No. 09–8533. Henry J. LaFavors, Petitioner v. Florida Department
of Corrections;
No. 09–8868. Sheila Mannix, Petitioner v. Sharon L. Prather, et al.;
No. 09–9089. Barry Wayne Adams, Petitioner v. Michigan;
No. 09–9286. Thomas P. Richard, Sr., Petitioner v. Pennsylvania;
No. 09–9354. John-Pierre Baney, Petitioner v. Department of Justice;
No. 09–9372. J. Lamont Lindsey, Petitioner v. DaimlerChrysler Cor
poration; and
No. 09–9454. Altemio Gonzales, Petitioner v. United States. Peti
tions for rehearing denied.
No. 08–10586. Timothy Thorne, Petitioner v. Steve Larkins, War
den. Motion for leave to file a petition for rehearing denied.
No. 09–8283. Uuno Mattias Baum, Petitioner v. Collie Rushton, War
den. Motion for leave to file a petition for rehearing denied.
Opinions
No. 08–1301. Thomas Carr, Petitioner v. United States. On writ of
certiorari to the United States Court of Appeals for the Seventh Cir
cuit. Judgment reversed, and case remanded to the United States
Court of Appeals for the Seventh Circuit for further proceedings con
sistent with the opinion of this Court. Opinion by Justice Sotomayor.
Opinion by Justice Scalia, concurring in part and concurring in the
judgment. Dissenting opinion by Justice Alito, with whom Justice
Thomas and Justice Ginsburg join.
No. 09–223. Richard A. Levin, Tax Commissioner of Ohio, Petitioner
v. Commerce Energy, Inc., et al. On writ of certiorari to the United
States Court of Appeals for the Sixth Circuit. Judgment reversed, and
case remanded to the United States Court of Appeals for the Sixth
Circuit for further proceedings consistent with the opinion of this
Court. Opinion by Justice Ginsburg announced by The Chief Justice.
Concurring opinion by Justice Kennedy. Opinion by Justice Thomas,
with whom Justice Scalia joins, concurring in the judgment. Opinion
by Justice Alito, concurring in the judgment.
No. 08–1470. Mary Berghuis, Warden, Petitioner v. Van Chester
Thompkins. On writ of certiorari to the United States Court of Appeals
for the Sixth Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Sixth Circuit with instructions
to deny the petition. Opinion by Justice Kennedy. Dissenting opinion
by Justice Sotomayor, with whom Justice Stevens, Justice Ginsburg,
and Justice Breyer join.
JNL09$0601—06-09-10 10:27:39 JOURNAPGT MILES
Appeal—Summary Disposition
Certiorari—Summary Disposition
Appeals for the Second Circuit denied. Justice Sotomayor took no part
in the consideration or decision of this petition.
Mandamus Denied
No. 09–10026. In Re Donald G. Jones, Petitioner; and
No. 09–10363. In Re Roger Mayweather, Petitioner. Petitions for
writs of mandamus denied.
No. 09–10041. In Re Otis Telbert Berthey, Petitioner. Petition for
writ of mandamus and/or prohibition denied.
Rehearings Denied
No. 08–8379. Othel L. Cooksey, Jr., Petitioner v. Bobby McElroy,
et al.;
No. 09–985. In Re Stacy Ann Patterson, Petitioner;
No. 09–8206. Gregory Shawn Mercer, Petitioner v. Virginia;
No. 09–8272. Laureano Chirino Rivera, Petitioner v. United States;
No. 09–8582. Joe E. Teague, Jr., Petitioner v. North Carolina Depart
ment of Transportation;
No. 09–8717. Elmore Sheriff, Petitioner v. Accelerated Receivables
Solutions, et al.;
No. 09–8739. Peter James Atherton, Petitioner v. District of Colum
bia Office of the Mayor, et al.;
No. 09–8771. Matthew Joseph Collazo, Petitioner v. Texas;
No. 09–8773. Vernon R. Owens, Petitioner v. Robert G. Jones, Super
intendent, Hyde Correctional Institution;
No. 09–8918. Anthony Benjamin, Petitioner v. Lorettan Wallace,
et al.;
No. 09–8947. Alice Richards-Johnson, Petitioner v. American
Express;
No. 09–9075. Dennis A. Ball, Petitioner v. Carol L. Ball, et al.; and
Dennis Andrew Ball, Petitioner v. Arthur Paul Blunt, et al.;
No. 09–9109. Benny Lee Hodge, Petitioner v. Philip Parker, Warden;
No. 09–9145. Theodore Shove, Petitioner v. Robert K. Wong,
Warden;
No. 09–9155. Raymond Semler, Petitioner v. Cal Ludeman, et al.;
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Certiorari Denied
No. 09–11271 (09A1198). Melbert Ray Ford, Petitioner v. Steve
Upton, Warden. Application for stay of execution of sentence of death
presented to Justice Thomas and by him referred to the Court denied.
Petition for writ of certiorari to the Superior Court of Georgia, Butts
County, denied.
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Certiorari Denied
No. 09–11253 (09A1199). John Forrest Parker, Petitioner v. Ala
bama. Application for stay of execution of sentence of death presented
to Justice Thomas and by him referred to the Court denied. Petition
for writ of certiorari to the Supreme Court of Alabama denied.
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Jurisdiction Postponed
Certiorari Granted
Mandamus Denied
No. 09–10854. In Re Eric Martin Van Buren, Petitioner. Petition for
writ of mandamus denied.
Rehearings Denied
No. 09–7923. Steven Allen Schwartz, Petitioner v. United States;
No. 09–9068. Scott R. Zabriskie, Petitioner v. Orlando Police, et al.;
No. 09–9073. Fard Mohammed, Petitioner v. Wisconsin Insurance
Security Fund, et al.;
No. 09–9080. Keith Russell Judd, Petitioner v. New Mexico;
No. 09–9167. Raymond L. Semler, Petitioner v. Donna Finch;
No. 09–9220. Kenneth Edward Barbour, Petitioner v. Lt. Schlo
bohm, et al.;
No. 09–9221. Kenneth Edward Barbour, Petitioner v. Virginia De
partment of Corrections, et al.; Kenneth Edward Barbour, Petitioner
v. Legislation Upon Virginia Department of Corrections; Kenneth Ed
ward Barbour, Petitioner v. Keeffee Commissaries at Virginia Depart
ment of Corrections; Kenneth Edward Barbour, Petitioner v. Virginia
Department of Corrections; Kenneth Edward Barbour, Petitioner v.
Virginia Department of Corrections; Kenneth Edward Barbour, Peti
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Attorney Discipline
Gratacos
Morganelli
John Stoetzer Gray Houston, TX Richard O. Faulk
Larry D. Hall Orlando, FL John S. McEwan,
II
Patrick C. Hess Chicago, IL Joanne Marie
Rogers
Kristen Ann Hite Washington, DC Everett Bellamy
Robert David Katz New York, NY Norman H. Zivin
Lindsay Androski Kelly Washington, DC Paul R. Michel
Gerald Kretmar St. Louis, MO Jeffrey D. Sodko
Stephen David Kursman Farmington Hills, John Douglas
MI Korney
Todd Ashley Leffler Houston, TX Michael Ramsey
Edward Joseph Leonard Philadelphia, PA Michael J.
McAllister
John Abner Lockett, III Atlanta, GA Warren
Westbrook
Wills, Jr.
Lisa Marie Martin Phoenix, AZ Arthur Hazelton
Saverio P. Mirarchi Philadelphia, PA Salvatore A.
Clemente
Mark J. O’Brien Tampa, FL Francisco R.
Angones
Kevin Michael Phillips Chicago, IL Joanne Marie
Rogers
Audrey Prins Rasmussen Washington, DC David L. Hill
Ernesto Javier Sanchez Washington, DC Victor John Wolski
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Opinions
No. 09–367. Brian Russell Dolan, Petitioner v. United States. On
writ of certiorari to the United States Court of Appeals for the Tenth
Circuit. Judgment affirmed. Opinion by Justice Breyer. Dissenting
opinion by The Chief Justice, with whom Justice Stevens, Justice
Scalia, and Justice Kennedy join.
No. 09–5327. Albert Holland, Petitioner v. Florida. On writ of certio
rari to the United States Court of Appeals for the Eleventh Circuit.
Judgment reversed, and case remanded to the United States Court of
Appeals for the Eleventh Circuit for further proceedings consistent
with the opinion of this Court. Opinion by Justice Breyer. Opinion by
Justice Alito, concurring in part and concurring in the judgment. Dis
senting opinion by Justice Scalia, with whom Justice Thomas joins as
to all but Part I.
No. 08–1322. Michael J. Astrue, Commissioner of Social Security,
Petitioner v. Catherine G. Ratliff. On writ of certiorari to the United
States Court of Appeals for the Eighth Circuit. Judgment reversed,
and case remanded to the United States Court of Appeals for the
Eighth Circuit for further proceedings consistent with the opinion of
this Court. Opinion by Justice Thomas. Concurring opinion by Justice
Sotomayor, with whom Justice Stevens and Justice Ginsburg join.
No. 09–60. Jose Angel Carachuri-Rosendo, Petitioner v. Eric H.
Holder, Jr., Attorney General. On writ of certiorari to the United
States Court of Appeals for the Fifth Circuit. Judgment reversed.
Opinion by Justice Stevens. Opinion by Justice Scalia, concurring in
the judgment. Opinion by Justice Thomas, concurring in the judgment.
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Certiorari Denied
No. 09–11333 (09A1211). David Lee Powell, Petitioner v. Texas.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the Court of Criminal Appeals of Texas denied.
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Opinions
No. 09–6338. Percy Dillon, Petitioner v. United States. On writ of
certiorari to the United States Court of Appeals for the Third Circuit.
Judgment affirmed. Opinion by Justice Sotomayor. Dissenting opinion
by Justice Stevens. Justice Alito took no part in the decision of this
case.
No. 08–538. William G. Schwab, Petitioner v. Nadejda Reilly. On
writ of certiorari to the United States Court of Appeals for the Third
Circuit. Judgment reversed, and case remanded to the United States
Court of Appeals for the Third Circuit for further proceedings consist
ent with the opinion of this Court. Opinion by Justice Thomas. Dissent
ing opinion by Justice Ginsburg, with whom The Chief Justice and
Justice Breyer join.
No. 08–1332. City of Ontario, California, et al., Petitioners v. Jeff
Quon, et al. On writ of certiorari to the United States Court of Appeals
for the Ninth Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Ninth Circuit for further pro
ceedings consistent with the opinion of this Court. Opinion by Justice
Kennedy. Concurring opinion by Justice Stevens. Opinion by Justice
Scalia, concurring in part and concurring in the judgment.
No. 08–1151. Stop the Beach Renourishment, Inc., Petitioner v. Flor
ida Department of Environmental Protection, et al. On writ of certio
rari to the Supreme Court of Florida. Judgment affirmed. The Chief
Justice announced the judgment of the Court and Justice Scalia deliv
ered the opinion of the Court with respect to Parts, I, IV, and V, and
an opinion with respect to Parts II and III, in which The Chief Justice,
Justice Thomas, and Justice Alito join. Opinion by Justice Kennedy,
with whom Justice Sotomayor joins, concurring in part and concurring
in the judgment. Opinion by Justice Breyer, with whom Justice Gins
burg joins, concurring in part and concurring in the judgment. Justice
Stevens took no part in the decision of this case.
No. 08–1457. New Process Steel, L. P., Petitioner v. National Labor
Relations Board. On writ of certiorari to the United States Court of
Appeals for the Seventh Circuit. Judgment reversed, and case re
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manded to the United States Court of Appeals for the Seventh Circuit
for further proceedings consistent with the opinion of this Court. Opin
ion by Justice Stevens. Dissenting opinion by Justice Kennedy, with
whom Justice Ginsburg, Justice Breyer, and Justice Sotomayor join.
Motion Denied
No. 09–7870 (09A1218). Ronnie Lee Gardner, Petitioner v. Hank
Galetka, Warden. Application for stay of execution of sentence of death
presented to Justice Sotomayor and by her referred to the Court de
nied. Motion for leave to file a petition for rehearing denied.
Certiorari Denied
No. 09–11378 (09A1222). Ronnie Lee Gardner, Petitioner v. Utah.
Application for stay of execution of sentence of death presented to
Justice Sotomayor and by her referred to the Court denied. Petition
for writ of certiorari to the Supreme Court of Utah denied. Justice
Stevens and Justice Breyer would grant the application for stay of
execution. See Johnson v. Bredesen, 558 U. S. –––, ––– (2009)
(Stevens, J., joined by Breyer, J., respecting denial of certiorari) (slip
op., at 1–2).
Certiorari Denied
No. 09–11439 (09A1229). Ronnie Lee Gardner, Petitioner v. Curtis
Garner, Chairman, Utah Board of Pardons and Parole, et al. Applica
tion for stay of execution of sentence of death presented to Justice
Sotomayor and by her referred to the Court denied. Petition for writ
of certiorari to the United States Court of Appeals for the Tenth Cir
cuit denied.
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Certiorari—Summary Dispositions
Court of Appeals for the Fifth Circuit for further consideration in light
of Carachuri-Rosendo v. Holder, 560 U. S. ––– (2010).
No. 09–955. Richard Lawrence Alexis, Petitioner v. Eric H.
Holder, Jr., Attorney General. On petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit. Petition for writ
of certiorari granted. Judgment vacated, and case remanded to the
United States Court of Appeals for the Fifth Circuit for further consid
eration in light of Carachuri-Rosendo v. Holder, 560 U. S. ––– (2010).
No. 09–5373. Robert Bryant Melson, Petitioner v. Richard F. Allen,
Commissioner, Alabama Department of Corrections. Petition for re
hearing granted. Order entered October 5, 2009, denying the petition
for writ of certiorari vacated. On petition for writ of certiorari to the
United States Court of Appeals for the Eleventh Circuit. Motion of
petitioner for leave to proceed in forma pauperis and petition for writ
of certiorari granted. Judgment vacated, and case remanded to the
United States Court of Appeals for the Eleventh Circuit for further
consideration in light of Holland v. Florida, 560 U. S. ––– (2010).
No. 09–5386. Omar C. Fernandez, Petitioner v. Eric H. Holder, Jr.,
Attorney General. On petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit. Motion of petitioner
for leave to proceed in forma pauperis and petition for writ of certio
rari granted. Judgment vacated, and case remanded to the United
States Court of Appeals for the Seventh Circuit for further consider
ation in light of Carachuri-Rosendo v. Holder, 560 U. S. ––– (2010).
No. 09–5776. Ernest Whitfield, Petitioner v. Walter A. McNeil, Sec
retary, Florida Department of Corrections, et al. On petition for writ
of certiorari to the United States Court of Appeals for the Eleventh
Circuit. Motion of petitioner for leave to proceed in forma pauperis
and petition for writ of certiorari granted. Judgment vacated, and case
remanded to the United States Court of Appeals for the Eleventh Cir
cuit for further consideration in light of Holland v. Florida, 560 U. S.
––– (2010).
No. 09–7493. James D. Ford, Petitioner v. Walter A. McNeil, Secre
tary, Florida Department of Corrections, et al. On petition for writ of
certiorari to the United States Court of Appeals for the Eleventh Cir
cuit. Motion of petitioner for leave to proceed in forma pauperis and
petition for writ of certiorari granted. Judgment vacated, and case re
manded to the United States Court of Appeals for the Eleventh Circuit
for further consideration in light of Holland v. Florida, 560 U. S. –––
(2010).
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Certiorari Granted
No. 09–329. Chase Bank USA, N. A., Petitioner v. James A. McCoy,
Individually and on Behalf of All Others Similarly Situated. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit granted.
No. 09–529. Virginia Office for Protection and Advocacy, Petitioner
v. James W. Stewart, III, Commissioner, Virginia Department of Be
havioral Health and Developmental Services, et al. Petition for writ
of certiorari to the United States Court of Appeals for the Fourth
Circuit granted.
No. 09–996. James Walker, Warden, et al., Petitioners v. Charles W.
Martin. Motion of respondent for leave to proceed in forma pauperis
granted. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit granted.
Certiorari Denied
No. 09–654. Ortho Biotech Products, L. P., Petitioner v. United
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Mandamus Denied
No. 09–10292. In Re Linda S. Raynor, Petitioner;
No. 09–10805. In Re Barry Joe Smith, Sr., Petitioner; and
No. 09–10809. In Re Paulino Granda, Petitioner. Petitions for writs
of mandamus denied.
Rehearings Denied
No. 09–790. Edmund Zagorski, Petitioner v. Ricky Bell, Warden;
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Attorney Discipline
Opinions
No. 09–475. Monsanto Company, et al., Petitioners v. Geertson Seed
Farms, et al. On writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit. Judgment reversed, and case remanded to
the United States Court of Appeals for the Ninth Circuit for further
proceedings consistent with the opinion of this Court. Opinion by Jus
tice Alito. Dissenting opinion by Justice Stevens. Justice Breyer took
no part in the consideration or decision of this case.
No. 08–1553. Kawasaki Kisen Kaisha Ltd., et al., Petitioners v.
Regal-Beloit Corporation, et al.; and
No. 08–1554. Union Pacific Railroad Company, Petitioner v. Regal-
Beloit Corporation, et al. On writs of certiorari to the United States
Court of Appeals for the Ninth Circuit. Judgment reversed, and cases
remanded to the United States Court of Appeals for the Ninth Circuit
for further proceedings consistent with the opinion of this Court. Opin
ion by Justice Kennedy. Dissenting opinion by Justice Sotomayor, with
whom Justice Stevens, and Justice Ginsburg join.
No. 09–497. Rent-A-Center, West, Inc., Petitioner v. Antonio Jack
son. On writ of certiorari to the United States Court of Appeals for
the Ninth Circuit. Judgment reversed. Opinion by Justice Scalia. Dis
senting opinion by Justice Stevens, with whom Justice Ginsburg, Jus
tice Breyer, and Justice Sotomayor join.
No. 08–1498. Eric H. Holder, Jr., Attorney General, et al., Petition
ers v. Humanitarian Law Project, et al.; and
No. 09–89. Humanitarian Law Project, et al., Petitioners v. Eric H.
Holder, Jr., Attorney General, et al. On writs of certiorari to the United
States Court of Appeals for the Ninth Circuit. Judgment affirmed in
part and reversed in part, and the cases are remanded to the United
States Court of Appeals for the Ninth Circuit for further proceedings
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consistent with the opinion of this Court. Opinion by The Chief Justice.
Dissenting opinion announced by Justice Breyer, with whom Justice
Ginsburg and Justice Sotomayor join.
Berry Sullivan
Sullivan
Sullivan
Sullivan
Sullivan
MI Sullivan
Sullivan
Sullivan
Sullivan
Lazarus
Lazarus
Lazarus
Lazarus
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Lazarus
Lazarus
Lazarus
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Lazarus
Lazarus
Lazarus
Gallagher Lazarus
Lazarus
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Lazarus
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Lazarus
Lazarus
Lazarus
VA Lazarus
Ruth Noemi Colon White Plains, NY Telesforo Del
Valle, Jr.
Norma I. Melendez New York, NY Telesforo Del
Valle, Jr.
Francis Acevedo Bronx, NY Telesforo Del
Valle, Jr.
Michael Arce Bronx, NY Telesforo Del
Valle, Jr.
Neysa Iris Alsina Batista New York, NY Telesforo Del
Valle, Jr.
Maritza Felicidad Bolano New York, NY Telesforo Del
Valle, Jr.
Yolanda Castro-Arce Bronx, NY Telesforo Del
Valle, Jr.
Lizette Colon New York City, Telesforo Del
NY Valle, Jr.
Angel Cruz Bronx, NY Telesforo Del
Valle, Jr.
Francisco Cruz New York, NY Telesforo Del
Valle, Jr.
Lumarie Maldonado Cruz Bronx, NY Telesforo Del
Valle, Jr.
Michele Davila Bronx, NY Telesforo Del
Valle, Jr.
Wayne L. Gladstone New York, NY Telesforo Del
Valle, Jr.
Lizbeth Gonzalez Bronx, NY Telesforo Del
Valle, Jr.
Miriam Maria Gonzalez New York, NY Telesforo Del
Valle, Jr.
JNL09$0621—07-01-10 17:57:04 JOURNAPGT MILES
Opinions
No. 08–1394. Jeffrey K. Skilling, Petitioner v. United States. On writ
of certiorari to the United States Court of Appeals for the Fifth Cir
cuit. Judgment affirmed in part, vacated in part, and case remanded to
the United States Court of Appeals for the Fifth Circuit for further
proceedings consistent with the opinion of this Court. Opinion by Jus
tice Ginsburg. Opinion by Justice Scalia, with whom Justice Thomas
joins, and with whom Justice Kennedy joins except as to Part III,
concurring in part and concurring in the judgment. Opinion by Justice
Alito, concurring in part and concurring in the judgment. Opinion by
Justice Sotomayor, with whom Justice Stevens and Justice Breyer join,
concurring in part and dissenting in part.
No. 08–876. Conrad M. Black, John A. Boultbee, and Mark S. Kipnis,
Petitioners v. United States. On writ of certiorari to the United States
Court of Appeals for the Seventh Circuit. Judgment vacated, and case
remanded to the United States Court of Appeals for the Seventh Cir
cuit for further proceedings consistent with the opinion of this Court.
Opinion by Justice Ginsburg. Opinion by Justice Scalia, with whom
Justice Thomas joins, concurring in part and concurring in the judg
ment. Opinion by Justice Kennedy, concurring in part and concurring
in the judgment.
No. 08–1196. Bruce Weyhrauch, Petitioner v. United States. On writ
of certiorari to the United States Court of Appeals for the Ninth Cir
cuit. Judgment vacated, and case remanded to the United States Court
of Appeals for the Ninth Circuit for further consideration in light of
Skilling v. United States, 561 U. S. ––– (2010). Opinion per curiam
announced by Justice Ginsburg.
No. 08–1214. Granite Rock Company, Petitioner v. International
Brotherhood of Teamsters, et al. On writ of certiorari to the United
States Court of Appeals for the Ninth Circuit. Judgment reversed in
part, affirmed in part, and case remanded to the United States Court
of Appeals for the Ninth Circuit for further proceedings consistent
with the opinion of this Court. Opinion by Justice Thomas. Opinion by
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Certiorari—Summary Dispositions
No. 09–213. Northeastern Land Services, Ltd., dba The NLS Group,
Petitioner v. National Labor Relations Board. On petition for writ of
certiorari to the United States Court of Appeals for the First Circuit.
Petition for writ of certiorari granted. Judgment vacated, and case
remanded to the United States Court of Appeals for the First Circuit
for further consideration in light of New Process Steel, L. P. v. NLRB,
560 U. S. ––– (2010).
No. 09–328. Snell Island SNF, LLC, dba Shore Acres Rehabilitation
and Nursing Center, LLC, et al., Petitioners v. National Labor Rela
tions Board. On petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
Court of Appeals for the Second Circuit for further consideration in
light of New Process Steel, L. P. v. NLRB, 560 U. S. ––– (2010).
No. 09–787. Union Pacific Railroad Company, Petitioner v. Sompo
Japan Insurance Company of America, et al.; and Union Pacific Rail
road Company, Petitioner v. Sompo Japan Insurance Company of
America. On petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
Court of Appeals for the Second Circuit for further consideration in
light of Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., 561 U. S.
––– (2010). Justice Sotomayor took no part in the consideration or deci
sion of this petition.
No. 09–1318. Glenn C. Henderson, Petitioner v. Sony Pictures, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit. Because the Court lacks a quorum, 28 U. S. C.
§ 1, and since the only qualified Justice is of the opinion that the case
cannot be heard and determined at the next Term of Court, the judg
ment is affirmed under 28 U. S. C. § 2109, which provides that under
these circumstances “the court shall enter its order affirming the judg
ment of the court from which the case was brought for review with the
same effect as upon affirmance by an equally divided court.” The Chief
Justice, Justice Stevens, Justice Scalia, Justice Kennedy, Justice
Thomas, Justice Ginsburg, Justice Breyer, and Justice Alito took no
part in the consideration or decision of this petition.
No. 09–9751. Dora Olga Cantu Chapa, Petitioner v. United States.
On petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit. Motion of petitioner for leave to proceed in forma
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Certiorari Granted
No. 09–115. Chamber of Commerce of the United States, et al., Peti
tioners v. Criss Candelaria, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit granted.
No. 09–525. Janus Capital Group, Inc., et al., Petitioners v. First
Derivative Traders. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit granted.
No. 09–1036. David L. Henderson, Petitioner v. Eric K. Shinseki,
Secretary of Veterans Affairs. Petition for writ of certiorari to the
United States Court of Appeals for the Federal Circuit granted.
No. 09–1163. Glen Scott Milner, Petitioner v. Department of the
Navy. Petition for writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit granted.
No. 09–804. CIGNA Corporation, et al., Petitioners v. Janice C.
Amara, et al., Individually and on Behalf of All Others Similarly Situ
ated. Petition for writ of certiorari to the United States Court of Ap
peals for the Second Circuit granted. Justice Sotomayor took no part
in the consideration or decision of this petition.
No. 09–6822. Jason Pepper, Petitioner v. United States. Motion of
petitioner for leave to proceed in forma pauperis granted. Petition for
writ of certiorari to the United States Court of Appeals for the Eighth
Circuit granted.
Certiorari Denied
No. 08–1515. Golden Gate Restaurant Association, Petitioner v. City
and County of San Francisco, California, et al. Petition for writ of cer
tiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 09–1. Holy See, Petitioner v. John V. Doe. Petition for writ of
certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
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certiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–10454. Anthony Falso, Petitioner v. Salzman Group, Inc.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 09–10458. Richard Martinez, Petitioner v. Aristedes W. Zavaras,
Executive Director, Colorado Department of Corrections, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Tenth Circuit denied.
No. 09–10465. Alfonzo Bailey, Petitioner v. Gene M. Johnson, Direc
tor, Virginia Department of Corrections. Petition for writ of certiorari
to the United States Court of Appeals for the Fourth Circuit denied.
No. 09–10469. Craig L. Bowens, Petitioner v. California. Petition for
writ of certiorari to the Court of Appeal of California, First Appellate
District, denied.
No. 09–10475. Dexter Darnell Johnson, Petitioner v. Texas. Petition
for writ of certiorari to the Court of Criminal Appeals of Texas denied.
No. 09–10480. Tony A. Wilson, Petitioner v. Howard E. Emond, Jr.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 09–10497. Kerry Perez, Petitioner v. Ohio. Petition for writ of
certiorari to the Supreme Court of Ohio denied.
No. 09–10506. Hae Lee, Petitioner v. Eric H. Holder, Jr., Attorney
General. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–10529. Albert Horace Griffin, Petitioner v. Department of
the Army. Petition for writ of certiorari to the United States Court of
Appeals for the First Circuit denied.
No. 09–10568. Anthony L. Fletcher, Petitioner v. Greg Simms, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 09–10574. Timothy Trimble, Petitioner v. Social Security Ad
ministration. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
No. 09–10594. Freddie A. Land, Petitioner v. Florida. Petition for
writ of certiorari to the District Court of Appeal of Florida, Second
District, denied.
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for writ of certiorari to the United States Court of Appeals for the
Third Circuit denied.
No. 09–10785. William Henry Harrison, aka Allah-God Kundalini Isa
Allah, Petitioner v. Harrell Watts, et al. Petition for writ of certiorari
to the United States Court of Appeals for the Fourth Circuit denied.
No. 09–10793. Adron L. Floyd, Petitioner v. Lawrence A. Stelma,
Sheriff, Kent County, Michigan, et al. Petition for writ of certiorari to
the United States Court of Appeals for the Sixth Circuit denied.
No. 09–10797. Maria Jackson, Petitioner v. The Scotts Company.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 09–10801. Jason L. Schmidt, Petitioner v. Montana. Petition for
writ of certiorari to the Supreme Court of Montana denied.
No. 09–10826. Phillip Eugene Parmley, Petitioner v. Ray Hobbs, In
terim Director, Arkansas Department of Correction. Petition for writ
of certiorari to the United States Court of Appeals for the Eighth
Circuit denied.
No. 09–10830. Jack Harold Jones, Jr., Petitioner v. Ray Hobbs, In
terim Director, Arkansas Department of Correction. Petition for writ
of certiorari to the United States Court of Appeals for the Eighth
Circuit denied.
No. 09–10851. David E. Burdette, Petitioner v. Fred Britten, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Eighth Circuit denied.
No. 09–10874. Timothy Wilbourn, Petitioner v. Illinois. Petition for
writ of certiorari to the Appellate Court of Illinois, Fourth District,
denied.
No. 09–10887. Mary Antoinette Robinson, Petitioner v. Supreme
Court of the United States. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied.
No. 09–10895. Margaret M. Considine, Petitioner v. National Credit
Union Administration. Petition for writ of certiorari to the United
States Court of Appeals for the Federal Circuit denied.
No. 09–10897. Shannon L. Clark, Petitioner v. William C. Sherrill,
Jr., Magistrate Judge, United States District Court for the Northern
District of Florida. Petition for writ of certiorari to the United States
Court of Appeals for the District of Columbia Circuit denied.
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tion for leave to file a brief as amicus curiae granted. Petition for writ
of certiorari to the Supreme Court of Puerto Rico denied.
No. 09–438. Providence Hospital, et al., Petitioners v. Johnella Rich
mond Moses, Personal Representative of the Estate of Marie Moses-
Irons, Deceased. Motion of Michigan Health & Hospital Association for
leave to file a brief as amicus curiae granted. Petition for writ of cer
tiorari to the United States Court of Appeals for the Sixth Circuit
denied.
No. 09–930. Kenyon B. Fitzgerald, Jr., et al., Petitioners v. Wade
F. B. Thompson, et al. Motion of American Legion, Department of New
York for leave to file a brief as amicus curiae out of time denied.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this motion and this petition.
No. 09–1149. City of Warren, Michigan, et al., Petitioners v. Jeffrey
Michael Moldowan. Motion of National Fraternal Order of Police for
leave to file a brief as amicus curiae granted. Motion of National Asso
ciation of Police Organizations, et al. for leave to file a brief as amici
curiae granted. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 09–1150. Universal Trading & Investment Company, Inc., Peti
tioner v. Petro Mikolayevich Kiritchenko, et al. Motion of petitioner to
defer consideration of the petition for writ of certiorari denied. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 09–1175. Ferring B.V., et al., Petitioners v. Meijer, Inc., et al.
Motion of Intellectual Property Owners Association for leave to file a
brief as amicus curiae granted. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied. Justice
Sotomayor took no part in the consideration or decision of this motion
and this petition.
No. 09–1229. Michael Lonecke, et al., Petitioners v. Citigroup Pen
sion Plan, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 09–1310. Jill Lindsay, et al., Petitioners v. Association of Profes
sional Flight Attendants, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied. Justice
Sotomayor took no part in the consideration or decision of this petition.
JNL09$0628—07-08-10 19:41:40 JOURNAPGT MILES
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit dismissed. See Rule 39.8.
No. 09–11031. George Tonks, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied. Justice Sotomayor took no part in the consider
ation or decision of this petition.
No. 09–11052. Floyd Junior Powell, Petitioner v. Tony A. Keller,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit dismissed. See Rule 39.8.
Mandamus Denied
No. 09–9861. In Re Akhil Bansal, Petitioner;
No. 09–10381. In Re Timothy Wilkins, Petitioner;
No. 09–10676. In Re Frederick M. Torrence, Petitioner; and
No. 09–11036. In Re Olee Wonzo Robinson, Petitioner. Petitions for
writs of mandamus denied.
No. 09–10456. In Re Rudi Rivas, Petitioner. Motion of petitioner for
leave to proceed in forma pauperis denied, and petition for writ of
mandamus dismissed. See Rule 39.8.
Rehearings Denied
No. 08–6726. Tyrone Ingram, Petitioner v. Warden, River Bend De
tention Center;
No. 09–825. George E. Burdick, Petitioner v. Pritchett & Birch,
PLLC, et al.;
No. 09–900. Linda Anita Carty, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions
Division;
No. 09–8544. Marjil Lee Bergara, Petitioner v. United States;
No. 09–8986. Joan Ochei, Petitioner v. All Care/Onward Health
care, et al.;
No. 09–9150. Gloria D. Smith, Petitioner v. Estes Express;
No. 09–9323. Jerome Julius Brown, Petitioner v. Howard County
Police Department, et al.;
JNL09$0628—07-08-10 19:41:40 JOURNAPGT MILES
Appeal—Summary Disposition
No. 09–1287. Republican National Committee, et al., Appellants v.
Federal Election Commission, et al. Appeal from the United States
District Court for the District of Columbia. Judgment affirmed. Justice
Scalia, Justice Kennedy, and Justice Thomas would note probable juris
diction and set the case for oral argument.
Certiorari—Summary Dispositions
No. 08–1497. National Rifle Association of America, Inc., et al., Peti
tioners v. City of Chicago, Illinois, et al. Petition for writ of certiorari
to the United States Court of Appeals for the Seventh Circuit. The
Court reversed the judgment below in McDonald v. Chicago, 561 U. S.
––– (2010). Therefore, petition for writ of certiorari granted, and case
remanded to the United States Court of Appeals for the Seventh Cir
cuit for further proceedings.
No. 08–1509. Classen Immunotherapies, Inc., Petitioner v. Biogen
IDEC, et al. On petition for writ of certiorari to the United States
Court of Appeals for the Federal Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
JNL09$0629—07-07-10 15:55:02 JOURNAPGT MILES
Certiorari Granted
No. 09–291. Eric L. Thompson, Petitioner v. North American Stain
less, LP. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit granted.
Certiorari Denied
No. 08–1501. Lewis Ferguson, et al., Petitioners v. Patent and
Trademark Office. Petition for writ of certiorari to the United States
Court of Appeals for the Federal Circuit denied.
No. 09–9365. Henry Louis Wallace, Petitioner v. Gerald J. Branker,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–34. Pfizer Inc., Petitioner v. Rabi Abdullahi, et al. Motion of
Washington Legal Foundation, et al. for leave to file a brief as amici
curiae granted. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. The Chief Justice and
Justice Sotomayor took no part in the consideration or decision of this
motion and this petition.
Allotment Order
It is ordered that the following allotment be made of The Chief Jus
tice and the Associate Justices of this Court among the circuits, pursu
ant to Title 28, United States Code, Section 42 and that such allotment
be entered of record, effective June 29, 2010.
JNL09$0629—07-07-10 15:55:02 JOURNAPGT MILES
Rehearings Denied
No. 08–1470. Mary Berghuis, Warden, Petitioner v. Van Chester
Thompkins;
No. 09–862. John Anthony Magyar, Petitioner v. Mississippi;
No. 09–1081. Victor Muresan, et ux., Petitioners v. Brian Fish,
et ux., et al.;
No. 09–1092. Shedran Williams, Petitioner v. Louisiana;
No. 09–1166. Reza H. Ahmadi, Petitioner v. Static Control Compo
nents, Inc.;
No. 09–1202. Cyrus Y. Kim, Petitioner v. City of Federal Way,
Washington;
No. 09–1207. Joseph P. Carson, Petitioner v. Merit Systems Protec
tion Board;
No. 09–1239. Gerald E. Juels, Petitioner v. United States Postal
Service;
No. 09–1250. Richard I. Fine, Petitioner v. Leroy D. Baca, Sheriff,
Los Angeles County, California, et al.;
No. 09–1304. Padma Rao, Petitioner v. City of Evanston, Illinois;
No. 09–1306. Michael L. Montalvo, Petitioner v. United States;
JNL09$0726—08-03-10 07:25:28 JOURNAPGT MILES
Attorney Discipline
No. D–2451. In the Matter of Disbarment of Ben J. Zander. Disbar
ment order entered.
No. D–2474. In the Matter of Discipline of Bradley R. Marshall.
Bradley R. Marshall, of Seattle, Washington, is suspended from the
practice of law in this Court and a rule will issue, returnable within
40 days, requiring him to show cause why he should not be disbarred
from the practice of law in this Court.
No. D–2475. In the Matter of Discipline of Howard L. Blau. Howard
L. Blau, of New York, New York, is suspended from the practice of law
in this Court and a rule will issue, returnable within 40 days, requiring
him to show cause why he should not be disbarred from the practice
of law in this Court.
No. D–2476. In the Matter of Discipline of Steven R. Lapidus. Steven
R. Lapidus, of Wainscott, New York, is suspended from the practice of
law in this Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred from the
practice of law in this Court.
JNL09$0726—08-03-10 07:25:28 JOURNAPGT MILES
Maloney
Oliver
David M. Schwartz Washington, DC Herman Schwartz
Richard J. Sharp Shelby Twp., MI Arthur Jay Weiss
Mark Jonathan Sherer Washington, DC Christian John
Mixter
Meggan Elizabeth Smith Louisville, KY Dennis James
Burke
Philip G. Spellane Pittsford, NY Paul R.
Braunsdorf
Steven Louis Stemerman San Francisco, CA William David
Holsberry
Holifield
Jay Thomas Thompson Columbia, SC Stephen George
Morrison
Francis Douglas Tuffley Bainbridge Island, Melissa
WA O’Loughlin
White
James E. Tyrrell, Jr. Newark, NJ John McGahren
Gregg Minoru Ushiroda Honolulu, HI Melvyn Ming
Miyagi
Douglas G. Wardlow Minneapolis, MN Andrew D. Parker
Jerome William Wesevich El Paso, TX David Gray Hall
Amy Whelan San Francisco, CA Michael W. Bien
Damon W. D. Wright Alexandria, VA Peter W. D.
Wright
Roger G. Wright Frankfort, KY Vickie L. Wise
Angela C. Wu Washington, DC Eric Christopher
Rassbach
Barbara J. Zabawa Madison, WI Richard J.
Lewandowski
JNL09$0806—08-10-10 12:54:51 JOURNAPGT MILES
Rehearings Denied
No. 03–10833. Willie Charles Burns, Jr., Petitioner v. Dora B.
Schriro, Director, Arizona Department of Corrections;
No. 08–9911. Carmen E. Campbell, Petitioner v. Alexander Stein,
et al.;
No. 09–1074. John C. Justice and Mike Woodward, Petitioners v.
Town of Cicero, Illinois, et al.;
JNL09$0816—08-24-10 13:26:31 JOURNAPGT MILES
Attorney Discipline
No. D–2477. In the Matter of Brian Grayson West. Brian Grayson
West, of Brooklandville, Maryland, having requested to resign as a
member of the Bar of this Court, it is ordered that his name be stricken
from the roll of attorneys permitted to the practice of law before this
Court. The Rule to Show Cause, issued on July 26, 2010, is discharged.
Valuntas
Piasta, II
Piasta, II
Williams
Mark Thaddeus Krause Baltimore, MD Sean E. Summers
Ji Young Kwon Washington, DC Grant E. Lattin
William Bryant Lacy Plymouth, MA Joseph Michael
Maraia
Virginia Nicole Langfitt Trenton, NJ Melissa H. Raksa
Neil Jerome Levine Geneva, IL Joan L. Pantsios
Gregory M. Lipper Washington, DC Anne Y. Lee
Basil Martin Loeb Wanawatosa, WI John H. Niebler
Raul Ricardo Loredo Miami, FL Maria Fuxa
Loredo
JNL09$0816—08-24-10 13:26:31 JOURNAPGT MILES
VA Colbert
Granath
Rehearings Denied
No. 09–1299. Donnie Cleveland Lance, Petitioner v. Hilton Hall,
Warden;
No. 09–1309. Stephen W. Nizio, Petitioner v. William M. Cook, et al.;
No. 09–1330. Willie Gerald Newsom, Petitioner v. Tennessee, et al.;
JNL09$0903—09-09-10 06:29:40 JOURNAPGT MILES
Attorney Discipline
No. D–2470. In the Matter of Disbarment of Timothy John Martin.
Disbarment order entered.
No. D–2471. In the Matter of Disbarment of John L. Isaac. Disbar
ment order entered.
No. D–2472. In the Matter of Disbarment of Steven Jay Rozan. Dis
barment order entered.
No. D–2473. In the Matter of Disbarment of Jacob J. Amato, Jr.
Disbarment order entered.
No. D–2494. In the Matter of Discipline of Robert Hunter Ford. Rob
ert Hunter Ford, of Birmingham, Alabama, is suspended from the prac
tice of law in this Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred from the
practice of law in this Court.
Certiorari Denied
No. 10–6275 (10A249). Cal Coburn Brown, Petitioner v. Eldon Vail.
Application for stay of execution of sentence of death presented to
Justice Kennedy and by him referred to the Court denied. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
Certiorari Denied
No. 10–6300 (10A254). Holly Wood, Petitioner v. Alabama. Applica
tion for stay of execution of sentence of death presented to Justice
Thomas and by him referred to the Court denied. Petition for writ of
certiorari to the Supreme Court of Alabama denied. Justice Sotomayor
would grant the application for stay of execution.
JNL09$0910—09-15-10 12:18:04 JOURNAPGT MILES
Certiorari Denied
No. 10–6343 (10A267). Cal Coburn Brown, Petitioner v. Washing
ton. Application for stay of execution of sentence of death presented to
Justice Kennedy and by him referred to the Court denied. Petition for
writ of certiorari to the Superior Court of Washington, King County,
denied.
JNL09$0921—09-28-10 17:17:58 JOURNAPGT MILES
Certiorari Denied
No. 10–5692 (10A242). Teresa Wilson Lewis, Petitioner v. Wendy S.
Hobbs, Warden. Application for stay of execution of sentence of death
presented to The Chief Justice and by him referred to the Court de
nied. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied. Justice Ginsburg and Justice
Sotomayor would grant the application for stay of execution.
JNL09$0924—09-28-10 17:17:02 JOURNAPGT MILES
Certiorari Denied
No. 10–6647 (10A315). Brandon Joseph Rhode, Petitioner v. Ste
phen Upton, Warden. Application for stay of execution of sentence of
death presented to Justice Thomas and by him referred to the Court
denied. Petition for writ of certiorari to the Superior Court of Georgia,
Butts County, denied.
JNL09$0927—10-05-10 15:55:50 JOURNAPGT MILES
Certiorari Denied
No. 10–6690 (10A323). Brandon Joseph Rhode, Petitioner v. Ste
phen Upton, Warden. Application for stay of execution of sentence of
death presented to Justice Thomas and by him referred to the Court
denied. Petition for writ of certiorari to the Superior Court of Georgia,
Butts County, denied.
Certiorari Denied
No. 10–6691 (10A324). Brandon Joseph Rhode, Petitioner v. Ste
phen Upton, Warden. Application for stay of execution of sentence of
death presented to Justice Thomas and by him referred to the Court
denied. Petition for writ of certiorari to the Superior Court of Georgia,
Butts County, denied.
Certiorari Denied
No. 10–6692 (10A326). Brandon Joseph Rhode, Petitioner v. Ste
phen Upton, Warden. Application for stay of execution of sentence of
death presented to Justice Thomas and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Eleventh Circuit denied.
JNL09$0928—10-06-10 16:10:33 JOURNAPGT MILES
Certiorari Granted
No. 09–1205. Keith Smith, et al., Petitioners v. Bayer Corporation.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit granted.
No. 09–1272. Kentucky, Petitioner v. Hollis Deshaun King. Motion of
respondent for leave to proceed in forma pauperis granted. Petition
for writ of certiorari to the Supreme Court of Kentucky granted lim
ited to Question 1 presented by the petition.
No. 09–1273. Astra USA, Inc., et al., Petitioners v. Santa Clara
County, California. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit granted. Justice Kagan took no
part in the consideration or decision of this petition.
JNL09$0928—10-06-10 16:10:33 JOURNAPGT MILES
Allotment Order
It is ordered that the following allotment be made of The Chief Jus
tice and the Associate Justices of this Court among the circuits, pursu
ant to Title 28, United States Code, Section 42 and that such allotment
be entered of record, effective September 28, 2010.
For the District of Columbia Circuit, John G. Roberts, Jr., Chief
Justice,
For the First Circuit, Stephen Breyer, Associate Justice,
For the Second Circuit, Ruth Bader Ginsburg, Associate Justice,
For the Third Circuit, Samuel A. Alito, Jr., Associate Justice,
For the Fourth Circuit, John G. Roberts, Jr., Chief Justice,
For the Fifth Circuit, Antonin Scalia, Associate Justice,
For the Sixth Circuit, Elena Kagan, Associate Justice,
For the Seventh Circuit, Elena Kagan, Associate Justice,
For the Eighth Circuit, Samuel A. Alito, Jr., Associate Justice,
For the Ninth Circuit, Anthony M. Kennedy, Associate Justice,
For the Tenth Circuit, Sonia Sotomayor, Associate Justice,
For the Eleventh Circuit, Clarence Thomas, Associate Justice,
For the Federal Circuit, John G. Roberts, Jr., Chief Justice.
JNL09$1001—10-04-10 17:46:12 JOURNAPGT MILES
same of right appertaining, unto her, the said Elena Kagan, during her
good behavior.
“In testimony whereof, I have caused these letters to be made patent
and the Seal of the Department of Justice to be hereunto affixed.
“Done at the City of Washington, this Sixth day of August, in the
year of our Lord Two Thousand and Ten and of the Independence of
the United States of America the Two Hundred and Thirty-Fifth. By
the President: Barack Obama. Eric H. Holder, Jr., Attorney General.”
The Chief Justice said:
“I now ask the Deputy Clerk of the Court to escort Justice Kagan to
the Bench.”
The Chief Justice said:
“Please repeat after me. I, Elena Kagan, do solemnly swear that I
will administer justice without respect to persons, and do equal right
to the poor and to the rich, and that I will faithfully and impartially
discharge and perform all the duties incumbent upon me as Associate
Justice of the Supreme Court of the United States under the Constitu
tion and Laws of the United States, so help me God.”
The Chief Justice said:
“Congratulations. Justice Kagan, on behalf of all of the members of
the Court, it is my pleasure to extend to you a very warm welcome as
the 100th Associate Justice of the Supreme Court of the United States.
We wish for you a long and happy career in our common calling.”
Justice Kagan said:
“Thank you.”
(Slip Opinion) OCTOBER TERM, 2009 1
Syllabus
Syllabus
COMMISSION
Syllabus
Syllabus
Syllabus
Syllabus
Syllabus
are corrupt. And the appearance of influence or access will not cause
the electorate to lose faith in this democracy. Caperton v. A. T.
Massey Coal Co., 556 U. S. ___, distinguished. Pp. 40–45.
(3) The Government’s asserted interest in protecting share
holders from being compelled to fund corporate speech, like the anti
distortion rationale, would allow the Government to ban political
speech even of media corporations. The statute is underinclusive; it
only protects a dissenting shareholder’s interests in certain media for
30 or 60 days before an election when such interests would be impli
cated in any media at any time. It is also overinclusive because it
covers all corporations, including those with one shareholder. P. 46.
(4) Because §441b is not limited to corporations or associa
tions created in foreign countries or funded predominately by foreign
shareholders, it would be overbroad even if the Court were to recog
nize a compelling governmental interest in limiting foreign influence
over the Nation’s political process. Pp. 46–47.
(d) The relevant factors in deciding whether to adhere to stare
decisis, beyond workability—the precedent’s antiquity, the reliance
interests at stake, and whether the decision was well reasoned—
counsel in favor of abandoning Austin, which itself contravened the
precedents of Buckley and Bellotti. As already explained, Austin was
not well reasoned. It is also undermined by experience since its an
nouncement. Political speech is so ingrained in this country’s culture
that speakers find ways around campaign finance laws. Rapid
changes in technology—and the creative dynamic inherent in the
concept of free expression—counsel against upholding a law that re
stricts political speech in certain media or by certain speakers. In
addition, no serious reliance issues are at stake. Thus, due consid
eration leads to the conclusion that Austin should be overruled. The
Court returns to the principle established in Buckley and Bellotti that
the Government may not suppress political speech based on the
speaker’s corporate identity. No sufficient governmental interest jus
tifies limits on the political speech of nonprofit or for-profit corpora
tions. Pp. 47–50.
3. BCRA §§201 and 311 are valid as applied to the ads for Hillary
and to the movie itself. Pp. 50–57.
(a) Disclaimer and disclosure requirements may burden the abil
ity to speak, but they “impose no ceiling on campaign-related activi
ties,” Buckley, 424 U. S., at 64, or “ ‘ “prevent anyone from speak
ing,” ’ ” McConnell, supra, at 201. The Buckley Court explained that
disclosure can be justified by a governmental interest in providing
“the electorate with information” about election-related spending
sources. The McConnell Court applied this interest in rejecting facial
challenges to §§201 and 311. 540 U. S., at 196. However, the Court
Cite as: 558 U. S. ____ (2010) 7
Syllabus
acknowledged that as-applied challenges would be available if a
group could show a “ ‘reasonable probability’ ” that disclosing its con
tributors’ names would “ ‘subject them to threats, harassment, or re
prisals from either Government officials or private parties.’ ” Id., at
198. Pp. 50–52.
(b) The disclaimer and disclosure requirements are valid as ap
plied to Citizens United’s ads. They fall within BCRA’s “electioneer
ing communication” definition: They referred to then-Senator Clinton
by name shortly before a primary and contained pejorative references
to her candidacy. Section 311 disclaimers provide information to the
electorate, McConnell, supra, at 196, and “insure that the voters are
fully informed” about who is speaking, Buckley, supra, at 76. At the
very least, they avoid confusion by making clear that the ads are not
funded by a candidate or political party. Citizens United’s arguments
that §311 is underinclusive because it requires disclaimers for broad
cast advertisements but not for print or Internet advertising and that
§311 decreases the quantity and effectiveness of the group’s speech
were rejected in McConnell. This Court also rejects their contention
that §201’s disclosure requirements must be confined to speech that
is the functional equivalent of express advocacy under WRTL’s test
for restrictions on independent expenditures, 551 U. S., at 469–476
(opinion of ROBERTS, C.J.). Disclosure is the less-restrictive alterna
tive to more comprehensive speech regulations. Such requirements
have been upheld in Buckley and McConnell. Citizens United’s ar
gument that no informational interest justifies applying §201 to its
ads is similar to the argument this Court rejected with regard to dis
claimers. Citizens United finally claims that disclosure requirements
can chill donations by exposing donors to retaliation, but offers no
evidence that its members face the type of threats, harassment, or
reprisals that might make §201 unconstitutional as applied. Pp. 52–
55.
(c) For these same reasons, this Court affirms the application of
the §§201 and 311 disclaimer and disclosure requirements to Hillary.
Pp. 55–56.
Reversed in part, affirmed in part, and remanded.
No. 08–205
_________________
ELECTION COMMISSION
validity of §441b.
When the statute now at issue came before the Court in
McConnell, both the majority and the dissenting opinions
considered the question of its facial validity. The holding
and validity of Austin were essential to the reasoning of
the McConnell majority opinion, which upheld BCRA’s
extension of §441b. See 540 U. S., at 205 (quoting Austin,
494 U. S., at 660). McConnell permitted federal felony
punishment for speech by all corporations, including
nonprofit ones, that speak on prohibited subjects shortly
before federal elections. See 540 U. S., at 203–209. Four
Members of the McConnell Court would have overruled
Austin, including Chief Justice Rehnquist, who had joined
the Court’s opinion in Austin but reconsidered that conclu
sion. See 540 U. S., at 256–262 (SCALIA, J., concurring in
part, concurring in judgment in part, and dissenting in
part); id., at 273–275 (THOMAS, J., concurring in part,
concurring in result in part, concurring in judgment in
part, and dissenting in part); id., at 322–338 (opinion of
KENNEDY, J., joined by Rehnquist, C. J., and SCALIA, J.).
That inquiry into the facial validity of the statute was
facilitated by the extensive record, which was “over
100,000 pages” long, made in the three-judge District
Court. McConnell v. Federal Election Comm’n, 251
F. Supp. 2d 176, 209 (DC 2003) (per curiam) (McConnell
I). It is not the case, then, that the Court today is prema
ture in interpreting §441b “ ‘on the basis of [a] factually
barebones recor[d].’ ” Washington State Grange v. Wash
ington State Republican Party, 552 U. S. 442, 450 (2008)
(quoting Sabri v. United States, 541 U. S. 600, 609 (2004)).
The McConnell majority considered whether the statute
was facially invalid. An as-applied challenge was brought
in Wisconsin Right to Life, Inc. v. Federal Election
Comm’n, 546 U. S. 410, 411–412 (2006) (per curiam), and
the Court confirmed that the challenge could be main
tained. Then, in WRTL, the controlling opinion of the
16 CITIZENS UNITED v. FEDERAL ELECTION COMM’N
here.
Premised on mistrust of governmental power, the First
Amendment stands against attempts to disfavor certain
subjects or viewpoints. See, e.g., United States v. Playboy
Entertainment Group, Inc., 529 U. S. 803, 813 (2000)
(striking down content-based restriction). Prohibited, too,
are restrictions distinguishing among different speakers,
allowing speech by some but not others. See First Nat.
Bank of Boston v. Bellotti, 435 U. S. 765, 784 (1978). As
instruments to censor, these categories are interrelated:
Speech restrictions based on the identity of the speaker
are all too often simply a means to control content.
Quite apart from the purpose or effect of regulating
content, moreover, the Government may commit a consti
tutional wrong when by law it identifies certain preferred
speakers. By taking the right to speak from some and
giving it to others, the Government deprives the disadvan
taged person or class of the right to use speech to strive to
establish worth, standing, and respect for the speaker’s
voice. The Government may not by these means deprive
the public of the right and privilege to determine for itself
what speech and speakers are worthy of consideration.
The First Amendment protects speech and speaker, and
the ideas that flow from each.
The Court has upheld a narrow class of speech restric
tions that operate to the disadvantage of certain persons,
but these rulings were based on an interest in allowing
governmental entities to perform their functions. See, e.g.,
Bethel School Dist. No. 403 v. Fraser, 478 U. S. 675, 683
(1986) (protecting the “function of public school educa
tion”); Jones v. North Carolina Prisoners’ Labor Union,
Inc., 433 U. S. 119, 129 (1977) (furthering “the legitimate
penological objectives of the corrections system” (internal
quotation marks omitted)); Parker v. Levy, 417 U. S. 733,
759 (1974) (ensuring “the capacity of the Government to
discharge its [military] responsibilities” (internal quota
Cite as: 558 U. S. ____ (2010) 25
does little to defend it. See Tr. of Oral Arg. 45–48 (Sept.
9, 2009). And with good reason, for the rationale cannot
support §441b.
If the First Amendment has any force, it prohibits Con
gress from fining or jailing citizens, or associations of
citizens, for simply engaging in political speech. If the
antidistortion rationale were to be accepted, however, it
would permit Government to ban political speech simply
because the speaker is an association that has taken on
the corporate form. The Government contends that Austin
permits it to ban corporate expenditures for almost all
forms of communication stemming from a corporation.
See Part II–E, supra; Tr. of Oral Arg. 66 (Sept. 9, 2009);
see also id., at 26–31 (Mar. 24, 2009). If Austin were
correct, the Government could prohibit a corporation from
expressing political views in media beyond those pre
sented here, such as by printing books. The Government
responds “that the FEC has never applied this statute to a
book,” and if it did, “there would be quite [a] good as
applied challenge.” Tr. of Oral Arg. 65 (Sept. 9, 2009).
This troubling assertion of brooding governmental power
cannot be reconciled with the confidence and stability in
civic discourse that the First Amendment must secure.
Political speech is “indispensable to decisionmaking in a
democracy, and this is no less true because the speech
comes from a corporation rather than an individual.”
Bellotti, 435 U. S., at 777 (footnote omitted); see ibid. (the
worth of speech “does not depend upon the identity of its
source, whether corporation, association, union, or indi
vidual”); Buckley, 424 U. S., at 48–49 (“[T]he concept that
government may restrict the speech of some elements of
our society in order to enhance the relative voice of others
is wholly foreign to the First Amendment”); Automobile
Workers, 352 U. S., at 597 (Douglas, J., dissenting); CIO,
335 U. S., at 154–155 (Rutledge, J., concurring in result).
This protection for speech is inconsistent with Austin’s
34 CITIZENS UNITED v. FEDERAL ELECTION COMM’N
and design.
Some members of the public might consider Hillary to
be insightful and instructive; some might find it to be
neither high art nor a fair discussion on how to set the
Nation’s course; still others simply might suspend judg
ment on these points but decide to think more about issues
and candidates. Those choices and assessments, however,
are not for the Government to make. “The First Amend
ment underwrites the freedom to experiment and to create
in the realm of thought and speech. Citizens must be free
to use new forms, and new forums, for the expression of
ideas. The civic discourse belongs to the people, and the
Government may not prescribe the means used to conduct
it.” McConnell, supra, at 341 (opinion of KENNEDY, J.).
The judgment of the District Court is reversed with
respect to the constitutionality of 2 U. S. C. §441b’s re
strictions on corporate independent expenditures. The
judgment is affirmed with respect to BCRA’s disclaimer
and disclosure requirements. The case is remanded for
further proceedings consistent with this opinion.
It is so ordered.
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1 The dissent suggests that I am “much too quick” to reach this con
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vant date, and that “[m]ore than half of the century’s total business
charters were issued between 1796 and 1800.” Post, at 35, n. 53. I used
1800 only because the dissent did. But in any case, it is surely fanciful
to think that a consensus of hostility towards corporations was trans
formed into general favor at some magical moment between 1791 and
1796.
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“business corporations” from its denial of free speech rights. See post,
at 37. Finding in a seemingly categorical text a distinction between the
rights of business corporations and the rights of non-business corpora
tions is even more imaginative than finding a distinction between the
rights of all corporations and the rights of other associations.
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1 Specifically, Part I, infra, at 4–17, addresses the procedural history
of the case and the narrower grounds of decision the majority has
bypassed. Part II, infra, at 17–23, addresses stare decisis. Part III,
infra, at 23–56, addresses the Court’s assumptions that BCRA “bans”
corporate speech, that identity-based distinctions may not be drawn in
the political realm, and that Austin and McConnell were outliers in our
First Amendment tradition. Part IV, infra, at 56–89, addresses the
Court’s treatment of the anticorruption, antidistortion, and shareholder
protection rationales for regulating corporate electioneering.
4 CITIZENS UNITED v. FEDERAL ELECTION COMM’N
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I
The Court’s ruling threatens to undermine the integrity
of elected institutions across the Nation. The path it has
taken to reach its outcome will, I fear, do damage to this
institution. Before turning to the question whether to
overrule Austin and part of McConnell, it is important
to explain why the Court should not be deciding that
question.
Scope of the Case
The first reason is that the question was not properly
brought before us. In declaring §203 of BCRA facially
unconstitutional on the ground that corporations’ electoral
expenditures may not be regulated any more stringently
than those of individuals, the majority decides this case on
a basis relinquished below, not included in the questions
presented to us by the litigants, and argued here only in
response to the Court’s invitation. This procedure is
unusual and inadvisable for a court.2 Our colleagues’
suggestion that “we are asked to reconsider Austin and, in
effect, McConnell,” ante, at 1, would be more accurate if
rephrased to state that “we have asked ourselves” to re
consider those cases.
In the District Court, Citizens United initially raised a
facial challenge to the constitutionality of §203. App. 23a–
24a. In its motion for summary judgment, however, Citi
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2 See
Yee v. Escondido, 503 U. S. 519, 535 (1992) (“[U]nder this
Court’s Rule 14.1(a), only questions set forth in the petition, or fairly
included therein, will be considered by the Court” (internal quotation
marks and alteration omitted)); Wood v. Allen, ante, at __ (slip op., at
13) (“[T]he fact that petitioner discussed [an] issue in the text of his
petition for certiorari does not bring it before us. Rule 14.1(a) requires
that a subsidiary question be fairly included in the question presented
for our review” (internal quotation marks and brackets omitted));
Cooper Industries, Inc. v. Aviall Services, Inc., 543 U. S. 157, 168–169
(2004) (“We ordinarily do not decide in the first instance issues not
decided below” (internal quotation marks omitted)).
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that §203 applies to Hillary on the basis of the film’s content, ante, at
7–8, without considering the possibility that §203 does not apply to
video-on-demand transmissions generally.
14 See Colorado Right to Life Comm., Inc. v. Coffman, 498 F. 3d 1137,
1148 (CA10 2007) (adopting this rule and noting that “every other
circuit to have addressed this issue” has done likewise); Brief for
Independent Sector as Amicus Curiae 10–11 (collecting cases). The
Court rejects this solution in part because the Government “merely
suggest[s] it” and “does not say that it agrees with the interpretation.”
Ante, at 11. Our colleagues would thus punish a defendant for showing
insufficient excitement about a ground it has advanced, at the same
time that they decide the case on a ground the plaintiff expressly
abandoned. The Court also protests that a de minimis standard would
“requir[e] intricate case-by-case determinations.” Ante, at 12. But de
minimis tests need not be intricate at all. A test that granted MCFL
status to §501(c)(4) organizations if they received less than a fixed
dollar amount of business donations in the previous year, or if such
donations represent less than a fixed percentage of their total assets,
would be perfectly easy to understand and administer.
15 Another bypassed ground, not briefed by the parties, would have
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18 THE CHIEF JUSTICE suggests that Austin has been undermined by
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19 Additionally, the majority cites some recent scholarship challenging
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Supp. Brief for Senator John McCain et al. as Amici Curiae 1a–8a
(listing 24 States that presently limit or prohibit independent election
eering expenditures from corporate general treasuries).
21 Magleby, The Importance of the Record in McConnell v. FEC, 3
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and we have often said that “claims of stare decisis are at the weakest
in that field, where our mistakes cannot be corrected by Congress.”
Vieth v. Jubelirer, 541 U. S. 267, 305 (2004) (plurality opinion). As a
general matter, this principle is a sound one. But the principle only
takes on real force when an earlier ruling has obstructed the normal
democratic process; it is the fear of making “mistakes [that] cannot be
corrected by Congress,” ibid., that motivates us to review constitutional
precedents with a more critical eye. Austin and McConnell did not
obstruct state or congressional legislative power in any way. Although
it is unclear how high a bar today’s decision will pose to future at
tempts to regulate corporate electioneering, it will clearly restrain
much legislative action.
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29 See FEC, Number of Federal PAC’s Increases, http://fec.gov/press/
press2008/20080812paccount.shtml.
30 See Supp. Brief for Appellee 16 (citing FEC statistics placing this
figure at $840 million). The majority finds the PAC option inadequate
in part because “[a] PAC is a separate association from the corpora
tion.” Ante, at 21. The formal “separateness” of PACs from their host
corporations—which administer and control the PACs but which cannot
funnel general treasury funds into them or force members to support
them—is, of course, the whole point of the PAC mechanism.
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the Government will use §203 to ban books, pamphlets, and blogs.
Ante, at 20, 33, 49. Yet by its plain terms, §203 does not apply to
printed material. See 2 U. S. C. §434(f)(3)(A)(i); see also 11 CFR
§100.29(c)(1) (“[E]lectioneering communication does not include com
munications appearing in print media”). And in light of the ordinary
understanding of the terms “broadcast, cable, [and] satellite,”
§434(f)(3)(A)(i), coupled with Congress’ clear aim of targeting “a virtual
torrent of televised election-related ads,” McConnell, 540 U. S., at 207,
we highly doubt that §203 could be interpreted to apply to a Web site or
book that happens to be transmitted at some stage over airwaves or
cable lines, or that the FEC would ever try to do so. See 11 CFR
§100.26 (exempting most Internet communications from regulation as
advertising); §100.155 (exempting uncompensated Internet activity
from regulation as an expenditure); Supp. Brief for Center for Inde
pendent Media et al. as Amici Curiae 14 (explaining that “the FEC has
26 CITIZENS UNITED v. FEDERAL ELECTION COMM’N
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also a lesser risk that investors will not understand, learn about, or
support the advocacy messages that the corporation disseminates.
Supp. Reply Brief for Appellee 10. Everyone knows and expects that
media outlets may seek to influence elections in this way.
33 2 U. S. C. §434(f)(3)(A)(i).
34 §434(f)(3)(C).
35 §434(f)(3)(A)(i)(II).
36 §441b(b); McConnell, 540 U. S., at 211.
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Fund, http://www.cupvf.org/.40
So let us be clear: Neither Austin nor McConnell held or
implied that corporations may be silenced; the FEC is not
a “censor”; and in the years since these cases were decided,
corporations have continued to play a major role in the
national dialogue. Laws such as §203 target a class of
communications that is especially likely to corrupt the
political process, that is at least one degree removed from
the views of individual citizens, and that may not even
reflect the views of those who pay for it. Such laws burden
political speech, and that is always a serious matter,
demanding careful scrutiny. But the majority’s incessant
talk of a “ban” aims at a straw man.
Identity-Based Distinctions
The second pillar of the Court’s opinion is its assertion
that “the Government cannot restrict political speech
based on the speaker’s . . . identity.” Ante, at 30; accord,
ante, at 1, 24, 26, 30, 31, 32, 33, 34, 49, 50. The case on
which it relies for this proposition is First Nat. Bank of
Boston v. Bellotti, 435 U. S. 765 (1978). As I shall explain,
infra, at 52–55, the holding in that case was far narrower
than the Court implies. Like its paeans to unfettered
discourse, the Court’s denunciation of identity-based
distinctions may have rhetorical appeal but it obscures
reality.
“Our jurisprudence over the past 216 years has rejected
an absolutist interpretation” of the First Amendment.
WRTL, 551 U. S., at 482 (opinion of ROBERTS, C. J.). The
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40 Citizens United has administered this PAC for over a decade. See
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U. S. 119, 129 (1977) (“In a prison context, an inmate does not retain
those First Amendment rights that are inconsistent with his status as a
prisoner or with the legitimate penological objectives of the corrections
system” (internal quotation marks omitted)).
43 See, e.g., Parker v. Levy, 417 U. S. 733, 758 (1974) (“While the
members of the military are not excluded from the protection granted
by the First Amendment, the different character of the military com
munity and of the military mission requires a different application of
those protections”).
44 See, e.g., 2 U. S. C. §441e(a)(1) (foreign nationals may not directly
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the respondent from its debate was done “on the basis of entirely
subjective, ad hoc judgments,” 523 U. S., at 690, that suggested anti
competitive viewpoint discrimination, id., at 693–694, and lacked a
compelling justification. Needless to say, my concerns do not apply to
the instant case.
49 The law at issue in Burson was far from unusual. “[A]ll 50 States,”
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ently from other corporations “to ensure that the law ‘does not hinder or
prevent the institutional press from reporting on, and publishing
editorials about, newsworthy events.’ ” McConnell, 540 U. S., at 208
(quoting Austin v. Michigan Chamber of Commerce, 494 U. S. 652, 668
(1990)).
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form of speech.52
In short, the Court dramatically overstates its critique
of identity-based distinctions, without ever explaining why
corporate identity demands the same treatment as indi
vidual identity. Only the most wooden approach to the
First Amendment could justify the unprecedented line it
seeks to draw.
Our First Amendment Tradition
A third fulcrum of the Court’s opinion is the idea that
Austin and McConnell are radical outliers, “aberration[s],”
in our First Amendment tradition. Ante, at 39; see also
ante, at 45, 56 (professing fidelity to “our law and our
tradition”). The Court has it exactly backwards. It is
today’s holding that is the radical departure from what
had been settled First Amendment law. To see why, it is
useful to take a long view.
1. Original Understandings
Let us start from the beginning. The Court invokes
“ancient First Amendment principles,” ante, at 1 (internal
quotation marks omitted), and original understandings,
ante, at 37–38, to defend today’s ruling, yet it makes only
a perfunctory attempt to ground its analysis in the princi
ples or understandings of those who drafted and ratified
the Amendment. Perhaps this is because there is not a
scintilla of evidence to support the notion that anyone
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52 See A. Bickel, The Supreme Court and the Idea of Progress 59–60
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12 The Works of Thomas Jefferson 42, 44 (P. Ford ed. 1905) (“I hope we
shall . . . crush in [its] birth the aristocracy of our monied corporations
which dare already to challenge our government to a trial of strength
and bid defiance to the laws of our country”).
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Amendment, “as originally understood,” ante, at 37, did not give corpo
rations political speech rights on a par with the rights of individuals.
Well into the modern era of general incorporation statutes, “[t]he
common law was generally interpreted as prohibiting corporate politi
cal participation,” First Nat. Bank of Boston v. Bellotti, 435 U. S. 765,
819 (1978) (White, J., dissenting), and this Court did not recognize any
First Amendment protections for corporations until the middle part of
the 20th century, see ante, at 25–26 (listing cases).
57 In fact, the Free Press Clause might be turned against JUSTICE
SCALIA, for two reasons. First, we learn from it that the drafters of the
First Amendment did draw distinctions—explicit distinctions—between
types of “speakers,” or speech outlets or forms. Second, the Court’s
strongest historical evidence all relates to the Framers’ views on the
press, see ante, at 37–38; ante, at 4–6 (SCALIA, J., concurring), yet while
the Court tries to sweep this evidence into the Free Speech Clause, the
Free Press Clause provides a more natural textual home. The text and
history highlighted by our colleagues suggests why one type of corpora
tion, those that are part of the press, might be able to claim special
First Amendment status, and therefore why some kinds of “identity”
based distinctions might be permissible after all. Once one accepts that
much, the intellectual edifice of the majority opinion crumbles.
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58 Cf.L. Levy, Legacy of Suppression: Freedom of Speech and Press in
Early American History 4 (1960) (“The meaning of no other clause of
the Bill of Rights at the time of its framing and ratification has been so
obscure to us” as the Free Speech and Press Clause).
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precise origins of these developments. Ante, at 48; see also n. 19, supra.
There is always some academic debate about such developments; the
motives of legislatures are never entirely clear or unitary. Yet the basic
shape and trajectory of 20th-century campaign finance reform are clear,
and one need not take a naïve or triumphalist view of this history to
find it highly relevant. The Court’s skepticism does nothing to mitigate
the absurdity of its claim that Austin and McConnell were outliers. Nor
does it alter the fact that five Justices today destroy a longstanding
American practice.
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they had to be formed “for the express purpose of promoting political
ideas,” so that their resources reflected political support rather than
commercial success. MCFL, 479 U. S., at 264. Next, they had to have
no shareholders, so that “persons connected with the organization will
have no economic disincentive for disassociating with it if they disagree
with its political activity.” Ibid. Finally, they could not be “established
by a business corporation or a labor union,” nor “accept contributions
from such entities,” lest they “serv[e] as conduits for the type of direct
spending that creates a threat to the political marketplace.” Ibid.
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receive, ibid., “free[ing] candidates and their staffs from the intermina
marks omitted). I continue to adhere to these beliefs, but they have not
been briefed by the parties or amici in this case, and their soundness is
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by §203 can breed quid pro quo corruption or the appearance of such
corruption has only become more plausible since we decided McConnell.
Recall that THE CHIEF JUSTICE’s controlling opinion in WRTL subse
quently limited BCRA’s definition of “electioneering communications”
to those that are “susceptible of no reasonable interpretation other than
as an appeal to vote for or against a specific candidate.” 551 U. S., at
470. The upshot was that after WRTL, a corporate or union expendi
ture could be regulated under §203 only if everyone would understand
it as an endorsement of or attack on a particular candidate for office. It
does not take much imagination to perceive why this type of advocacy
might be especially apt to look like or amount to a deal or a threat.
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1. Antidistortion
The fact that corporations are different from human
beings might seem to need no elaboration, except that the
majority opinion almost completely elides it. Austin set
forth some of the basic differences. Unlike natural per
sons, corporations have “limited liability” for their owners
and managers, “perpetual life,” separation of ownership
and control, “and favorable treatment of the accumulation
and distribution of assets . . . that enhance their ability to
attract capital and to deploy their resources in ways that
maximize the return on their shareholders’ investments.”
494 U. S., at 658–659. Unlike voters in U. S. elections,
corporations may be foreign controlled.70 Unlike other
interest groups, business corporations have been “effec
tively delegated responsibility for ensuring society’s eco
nomic welfare”;71 they inescapably structure the life of
every citizen. “ ‘[T]he resources in the treasury of a busi
ness corporation,’ ” furthermore, “ ‘are not an indication of
popular support for the corporation’s political ideas.’ ” Id.,
at 659 (quoting MCFL, 479 U. S., at 258). “ ‘They reflect
instead the economically motivated decisions of investors
and customers. The availability of these resources may
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takings jurisprudence and numerous rules of criminal procedure. More
important, the Austin Court expressly declined to rely on a speech
equalization rationale, see 494 U. S., at 660, and we have never under
stood Austin to stand for such a rationale. Whatever his personal
views, Justice Marshall simply did not write the opinion that THE
CHIEF JUSTICE suggests he did; indeed, he “would have viewed it as
irresponsible to write an opinion that boldly staked out a rationale
based on equality that no one other than perhaps Justice White would
have even considered joining,” Garrett, 52 Howard L. J., at 674.
70 In state elections, even domestic corporations may be “foreign”
racy’s Discontent 289, 302 (A. Allen & M. Regan eds. 1998) (hereinafter
Regan).
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room, polling place, or family dinner would take this hyperbole literally.
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76 I note that, among the many other regulatory possibilities it has
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2 But cf. Hill v. Colorado, 530 U. S. 703, 707–710 (2000) (approving a