Tag Archives: Supreme Court

Supreme Court Denies Cert in Elmbrook School District v. Doe

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In a somewhat surprising move, the U.S. Supreme Court today denied the Elmbrook (Wisconsin) School District’s petition for a writ of certiorari in Elmbrook School District v. Doe, No. 12-755, over the dissents of Justices Scalia and Thomas. The School District petitioned from the decision of an en banc panel of the United States Court … Continue reading this entry

Elmbrook School District v. Doe: The Court Takes No Action on the Cert Petition

To update our earlier post on this case:  The Court took no action on Elmbrook School District’s cert petition in its April 15, 2013 order.  The case has been relisted for the April 19, 2013 conference.  You can access the Court’s docket for the case here.  If the Court  decides the petition this time, it … Continue reading this entry

Elmbrook School District v. Doe: Will the U.S. Supreme Court Rule on the Constitutionality of Holding Public High School Graduations in Elmbrook Church?

During its conference this Friday, April 12, the U.S. Supreme Court is expected to consider Elmbrook School District’s petition for a writ of certiorari seeking reversal of a decision issued last summer by the United States Court of Appeals for the Seventh Circuit in Doe v. Elmbrook School District, 687 F.3d 840 (7th Cir. 2012).… Continue reading this entry

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of “federal question” jurisdiction over claims arising under state law. Gunn v. Minton, No. 11-1118 (Feb. 20, 2013).… Continue reading this entry

Del Marcelle: The Standard for Assessing Class-of-One Equal-Protection Claims Remains Unresolved in the Seventh Circuit

With the Supreme Court’s denial of certiorari on November 26, 2012, in Del Marcelle v. Brown County Corp., No. 12-367, the Seventh Circuit’s inability to resolve the standard by which class-of-one equal-protection claims should be assessed will likely persist for some time. The Seventh Circuit had heard the case en banc to resolve the conflicted … Continue reading this entry

United States v. Jones: Government’s Placing of GPS Tracking Device on Car is a Fourth Amendment Search

The United States Supreme Court today held that the government’s placement of a GPS tracking device on a car while it was parked in a public parking lot was a search for Fourth Amendment purposes. The decision, written by Justice Scalia, makes clear that the Fourth Amendment’s protection against government trespass survives the “reasonable expectation of … Continue reading this entry