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FindLaw: Supreme Court Center: Docket: January 2004 Cases

Supreme Court Docket



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January 2004

[Download January 2004 Argument Calendar PDF]
[Click here for 2002-2003 Docket]

Monday, January 12


United States v. Abel C. Galletti, et al.
No. 02-1389

Subject:

    Taxation, Business Partnerships
Question:
    Whether, in order to enforce the derivative liability of partners for the tax debts of their partnership, the United States must make a separate assessment of the taxes owed by the partnership against each of the partners directly.
Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Petition) [PDF] [RTF] [TEXT]
  • Petitioner - Reply (Petition) [PDF] [RTF] [TEXT]

  • Petitioner (Merits) [PDF] [TEXT]
  • Respondents (Merits) [PDF]
  • Petitioner - Reply (Merits) [PDF] [TEXT]
  • Joint Appendix (Merits) [PDF] [TEXT]


Jeremiah W. (Jay) Nixon, Attorney General of Missouri v. Missouri Municipal League, et al.
02-1238

Federal Communications Commission and United States v. Missouri Municipal League, et al.
02-1386

Southwestern Bell Telephone, L.P., fka Southwestern Bell Telephone Company v. Missouri Municipal League, et al.
02-1405

Subject:

    Telecommunications, Federalism, Preemption
Question:
    Whether 47 U.S.C. § 253(a), which provides that "[n]o State * * * regulation * * * may prohibit * * * the ability of any entity to provide any interstate or intrastate telecommunications service," preempts a state law prohibiting political subdivisions of the State from offering telecommunications service to the public.
Decisions:

Resources:

Briefs:

    Parties
  • Petitioners FCC and United States (No. 02-1386) (Petition) [PDF] [RTF] [TEXT]
  • Petitioners FCC and United States - Reply (No. 02-1386) (Petition) [PDF] [TEXT]

  • Petitioner Nixon (Merits) [PDF]
  • Petitioners FCC and United States (Merits) [PDF] [TEXT]
  • Petitioner Southwestern Bell Telephone (Merits) [PDF]
  • Respondents (Merits) [PDF]
  • Petitioner Nixon - Reply (Merits) [PDF]
  • Petitioners FCC and United States - Reply (Merits) [PDF] [TEXT]
  • Petitioner Southwestern Bell Telephone - Reply (Merits) [PDF]


Tuesday, January 13


State of Tennessee v. George Lane, et al.
No. 02-1667

Subject:

    Americans with Disabilities Act, Eleventh Amendment
Question: Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Merits) [PDF]
  • Respondent United States (Merits) [PDF] [TEXT]


Raymond B. Yates, M.D., etc. v. William T. Hendon, Trustee
No. 02-458

Subject:

Question:
    Whether the working owner of a business (here, the sole shareholder of a corporate employer) is precluded from being a "participant" under Section 3(7) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1002(7), in an ERISA plan.
Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Merits) [PDF]
  • Respondent (Merits) [PDF]

    Amicus - Petitioner
  • United States (Petition) [PDF] [RTF] [TEXT]


Wednesday, January 14


Engine Manufacturers Association, et al. v. South Coast Air Quality Management District, et al.
No. 02-1343

Subject:

Question:
    Whether local government regulations prohibiting the purchase of new motor vehicles with specified emission characteristics--which are otherwise approved for sale by state and federal regulators--are preempted by the Clean Air Act, 42 U.S.C. 7401 et seq.
Decisions:

Resources:

Briefs:

    Parties
  • Petitioners (Merits) [PDF]
  • Respondents (Merits) [PDF]


South Florida Water Management District v. Miccosukee Tribe of Indians, et al.
No. 02-626

Subject:

Question:
    Whether petitioner's longstanding practice of pumping accumulated water from a water collection canal to a water conservation area within the Florida Everglades constitutes an addition of a pollutant from a point source for purposes of Clean Water Act, 33 U.S.C. 1342, where the water contains a pollutant but the pumping station source itself adds no pollutants to the water being pumped.
Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Merits) [PDF]
  • Respondent Miccosukee Tribe of Indians of Florida (Merits) [PDF] (2.9 MB)

    Amicus - Petitioner
  • United States (Petition) [PDF] [RTF] [TEXT]

  • United States (Merits) [PDF] [TEXT]


Tuesday, January 20


BedRoc Limited, LLC, et al. v. United States, et al.
No. 02-1593

Subject:

    Pittman Underground Water Act of 1919, Federal Land Grants
Questions:
  1. Whether the reservation of "valuable minerals" includes all common materials (such as sand and gravel), without regard to whether the materials located on particular lands were "valuable minerals" at the time of the patent; and

  2. If Watt v. Western Nuclear [462 U.S. 36 (1983)] calls for the application of a per se rule regarding the reservation (or non-reservation) of common materials, whether congressional intent would be better served by a rule that common materials are not reserved to the government as "valuable minerals."
Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Petition) [PDF] (4 MB)
  • Respondents - Opposition (Petition) [PDF] [TEXT]

  • Petitioner (Merits) [PDF] (2.8 MB)
  • Respondents (Merits) [PDF] [TEXT]


J. Elliott Hibbs, Director, Arizona Dept. Of Revenue v. Kathleen M. Winn, et al.
No. 02-1809

Subject:

Question:
    Did the Ninth Circuit err in holding, in conflict with the First, Sixth, and Eleventh Circuits, that the Tax Injunction Act, 28 U.S.C. 1341, and princples of comity that traditionally restrain federal judicial interference with state tax systems do not require district courts to dismiss constitutional challenges to state tax credits that directly impact the administration of a State's tax system?
Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Petition) [PDF] (2.5 MB)

  • Petitioner (Merits) [PDF]
  • Petitioner - Reply (Merits) [PDF]


Wednesday, January 21


United States v. Billy Jo Lara
No. 03-107

Subject:

Question:
    In Duro v. Reina, 495 U.S. 676 (1990), this Court held that Indian Tribes had lost their inherent sovereign power to prosecute members of other Tribes for offenses committed on their reservations. Congress responded to the Court's decision by amending the Indian Civil Rights Act of 1968, 25 U.S.C. 1301, to "recognize[] and affirm[]" the "inherent power" of Tribes to "exercise criminal jurisdiction over all Indians." The question presented is:

    Whether Section 1301, as amended, validly restores the Tribes' sovereign power to prosecute members of other Tribes (rather than delegates federal prosecutorial power to the Tribes), such that a federal prosecution following a tribal prosecution for an offense with the same elements is valid under the Double Jeopardy Clause of the Fifth Amendment.
Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Petition) [PDF] [TEXT]
  • Petitioner - Reply (Petition) [PDF] [TEXT]

  • Petitioner (Merits) [PDF] [TEXT]
  • Respondent (Merits) [PDF]
  • Petitioner - Reply (Merits) [PDF] [TEXT]


State of Iowa v. Felipe E. Tovar
No. 02-1541

Subject:

    Sixth Amendment, Self-Representation, Right to Counsel, Criminal Law
Question:
    Does the Sixth Amendment require a court to give a rigid and detailed admonishment to a pro se defendant pleading guilty of the usefulness of an attorney, that an attorney may provide an independent opinion whether it is wise to plead guilty and that without an attorney the defendant risks overlooking a defense?
Decisions:

Resources:

Briefs:

    Parties
  • Petitioner (Petition) [PDF]

  • Petitioner (Merits) [PDF]
  • Respondent (Merits) [PDF]

 

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