Supreme Court Update: Madigan v. Levin (12-872) and Order List

October 16, 2013 Supreme Court Update

Greetings, Court fans!

Easy come, easy go. Just a week after hearing oral argument in Madigan v. Levin (12-872), the Court issued a one-line opinion dismissing the writ of cert as improvidently granted – an event foreshadowed during oral argument last week. On the merits, the case addressed a circuit split over the remedies available to government workers alleging age bias – a question that will now wait for another day.

In other news, the Court granted cert in six cases questioning the EPA's authority to regulate greenhouse gases from fixed sources (such as power plants), but consolidated them for a one-hour oral argument and limited its grant to one question: "Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases." The consolidated cases are Utility Air Regulatory Group v. EPA (12-1146), Am. Chemistry Council v. EPA (12-1248), Energy-Intensive Manufacturers v. EPA (12-1254), Southeastern Legal Foundation v. EPA (12-1268), Texas v. EPA (12-1269), and Chamber of Commerce v. EPA (12-1272).

The court also granted cert in Abramski v. United States (12-1493), which raises two questions: (1) "Is a gun buyer's intent to sell a firearm to another lawful buyer in the future a fact ‘material to the lawfulness of the sale' of the firearm under 18 U.S.C. § 922(a)(6)?" and (2) "Is a gun buyer's intent to sell a firearm to another lawful buyer in the future a piece of information ‘required ... to be kept' by a federally licensed firearm dealer under § 924(a)(I)(A)?"

That's it for now – we'll be back soon with the latest cert grants and any other big developments as the term gets into full swing.

Kim, Jenny & Julie

From the Appellate and Complex Legal Issues Practice Group at Wiggin and Dana. For more information, contact Kim Rinehart or any other member of the Practice Group at 203-498-4400