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Order List
Greetings Court fans!
Not much news to report. The Court granted cert in 2 cases, thus (according to my latest count), filling their calendar for this Term. Any cases granted after today will be heard in October Term 2003. The Court will sit on Monday to hand down an order list, and maybe release opinions, but then they will be in recess (i.e., no opinions or orders) until February 24.
One quick aside on your loyal updater: I will be taking the Connecticut bar at the end of February (ah, the joys of moving to a new state…), and so it is highly unlikely that I will issue any updates the week of Feb. 24-28. I will start back up the first week of March. I apologize in advance for the disruption in service.
The Court agreed to hear the following cases:
Beneficial Natl Bank v. Anderson (02-306): In this case, the Court will consider whether the National Banking Act “completely preempts” state law such that federal courts can exercise removal jurisdiction under the doctrine of complete preemption. The Eleventh Circuit said no.
Virginia v. Hicks (02-371): This should be an interesting First Amendment case. A Virginia public housing authority restricted access to streets and sidewalks in a public housing development. Mr. Hicks was arrested for violating this ordinance, and in his defense, he argued that the policy violated the First Amendment by restricting the right of nonresidents to enter the property and speak. The Virginia Supreme Court ruled for Mr. Hicks. The Court will consider the validity of the ordinance, and Mr. Hicks’ standing to challenge the ordinance.
That’s all. Thanks for reading.
Sandy
From the Appellate Practice Group at Wiggin & Dana.
For more information, contact Mark Kravitz or Sandy Glover