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No. 07–308, United States v. Clintwood Elkhorn Mining Co. et al.
Argued March 24, 2008
William M. Jay argued the cause for the United States. With him on the briefs were Solicitor General Clement, Acting Assistant Attorney General Morrison, Deputy Solicitor General Hungar, Acting Deputy Assistant Attorney General Rothenberg, Kenneth L. Greene, and Steven W. Parks.
Patricia A. Millett argued the cause for respondents. With her on the brief were Thomas C. Goldstein, Steven H. Becker, Paul A. Horowitz, and Suzanne I. Offerman.
Anthony T. Caso, Karen R. Harned, and Elizabeth Milito filed a brief for the National Federation of Independent Business Legal Foundation as amicus curiae urging affirmance.
Clifton S. Elgarten filed a brief for Alliance Coal, LLC, as amicus curiae.
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No. 06–1413, MeadWestvaco Corp., Successor in Interest to Mead Corp. v. Illinois Department of Revenue et al.
Argued January 16, 2008
Beth S. Brinkmann argued the cause for petitioner. With her on the briefs were Brian R. Matsui, Paul H. Frankel, Craig B. Fields, and Roberta Moseley Nero.
Brian F. Barov, Assistant Attorney General of Illinois, argued the cause for respondents. With him on the brief were Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General, and Jane Elinor Notz, Deputy Solicitor General.
Briefs of amici curiae urging reversal were filed for the Council on State Taxation et al. by Todd A. Lard, Douglas L. Lindholm, Jan S. Amundson, and Quentin Riegel; for Gannett Co. by Scott D. Smith; for the Tax Executives Institute, Inc., by Eli J. Dicker, Shirley S. Grimmett, and Timothy J. McCormally; and for the Walt Disney Co. by Paul R. Q. Wolfson, Michael H. Salama, and Brandee A. Tilman.
Briefs of amici curiae urging affirmance were filed for the State of California et al. by Edmund G. Brown, Jr., Attorney General of California, Manuel M. Mederios, State Solicitor General, David Chaney, Chief Assistant Attorney General, Paul Gifford, Senior Assistant Attorney General, Gordon Burns, Deputy Solicitor General, and Anne Michelle Burr and George Spanos, Deputy Attorneys General, by Roberto J. Sánchez-Ramos, Secretary of Justice of Puerto Rico, and by the Attorneys General for their respective States as follows: Dustin McDaniel of Arkansas; Richard Blumenthal of Connecticut, Bill McCollum of Florida, Lawrence G. Wasden of Idaho, Steve Carter of Indiana, Thomas J. Miller of Iowa, Paul J. Morrison of Kansas, G. Steven Rowe of Maine, Douglas F. Gansler of Maryland, Michael A. Cox of Michigan, Lori Swanson of Minnesota, Jeremiah W. (Jay) Nixon of Missouri, Catherine Cortez Masto of Nevada, Kelly A. Ayotte of New Hampshire, Wayne Stenehjem of North Dakota, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas W. Corbett, Jr., of Pennsylvania, Henry McMaster of South Carolina, Robert E. Cooper, Jr., of Tennessee, Mark L. Shurtleff of Utah, William H. Sorrell of Vermont, and Darrell V. McGraw, Jr., of West Virginia; and for the Multistate Tax Commission by Sheldon H. Laskin.
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No. 07–5439, Baze et al. v. Rees, Commissioner, Kentucky Department of Corrections, et al.
Argued January 7, 2008
Donald B. Verrilli, Jr., argued the cause for petitioners. With him on the briefs were David M. Barron, Ginger D. Anders, and John Anthony Palombi.
Roy T. Englert, Jr., argued the cause for respondents. On the brief were Gregory D. Stumbo, Attorney General of Kentucky, David A. Smith, Assistant Attorney General, Jeffrey T. Middendorf, and John C. Cummings.
Deputy Solicitor General Garre argued the cause for the United States as amicus curiae in support of respondents. With him on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Kannon K. Shanmugam, and Robert J. Erickson.
Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by John Holdridge, John W. Whitehead, and Steven R. Shapiro; for the Fordham University School of Law, Louis Stein Center for Law and Ethics by Alison J. Nathan, Bruce A. Green, and Bruce V. Spiva; for Human Rights Watch by Andrew J. Pincus and Charles A. Rothfeld; and for Michael Morales et al. by Elisabeth Semel and Ty Alper.
Briefs of amici curiae urging affirmance were filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, Kent C. Sullivan, First Assistant Attorney General, Eric J. R. Nichols, Deputy Attorney General for Criminal Justice, R. Ted Cruz, Solicitor General, and Sean D. Jordan, Deputy Solicitor General, by Kevin T. Kane, Chief State’s Attorney of Connecticut, and by the Attorneys General for their respective States as follows: Troy King of Alabama, Dustin McDaniel of Arkansas, John W. Suthers of Colorado, Joseph R. Biden III of Delaware, Bill McCollum of Florida, Thurbert E. Baker of Georgia, Lawrence G. Wasden of Idaho, Paul J. Morrison of Kansas, Jim Hood of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Catherine Cortez Masto of Nevada, W. A. Drew Edmondson of Oklahoma, Henry D. McMaster of South Carolina, Lawrence E. Long of South Dakota, Robert E. Cooper, Jr., of Tennessee, Mark L. Shurtleff of Utah, and Bruce A. Salzburg of Wyoming; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger.
Briefs of amici curiae were filed for the American Association of Jewish Lawyers and Jurists by Nathan Lewin, Alyza D. Lewin, Stephen R. Greenwald, and Robert L. Weinberg; for the American Society of Anesthesiologists by Lawrence J. Fox and Lisa S. McCalmont; for the Anesthesia Awareness Campaign, Inc., by Richard M. Wyner; for Critical Care Providers et al. by Bradley S. Phillips, Paul Watford, and Julie D. Cantor; and for Dr. Kevin Concannon et al. by Simona G. Strauss.
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No. 06–11429, Burgess v. United States
Argued March 24, 2008
Jeffrey L. Fisher, by appointment of the Court, 552 U. S. ___, argued the cause for petitioner. With him on the briefs were Pamela S. Karlan, Amy Howe, Kevin K. Russell, Laurence H. Tribe, and Thomas C. Goldstein.
Nicole A. Saharsky argued the cause for the United States. With her on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Daniel S. Goodman.
Kevin B. Huff, Peter Goldberger, Pamela Harris, and Mary Price filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging reversal.
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No. 06–11543, Begay v. United States
Argued January 15, 2008
Margaret A. Katze argued the cause for petitioner. With her on the briefs were Stephen P. McCue and Charles McCormack.
Leondra R. Kruger argued the cause for the United States. With her on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Richard A. Friedman.
Briefs of amici curiae urging reversal were filed for Families Against Mandatory Minimums Foundation by Mary Price and Scott L. Winkelman; and for the National Association of Federal Defenders by Jeffrey T. Green, Ileana M. Ciobanu, Matthew J. Warren, Robert N. Hochman, Carlos A. Williams, Frances H. Pratt, Amy Baron-Evans, and William Maynard.
Barbara E. Bergman and Peter Goldberger filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae.
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No. 06–1082, Virginia v. Moore
Argued January 14, 2008
Stephen R. McCullough, Deputy State Solicitor General of Virginia, argued the cause for petitioner. With him on the briefs were Robert F. McDonnell, Attorney General, William E. Thro, State Solicitor General, William C. Mims, Chief Deputy Attorney General, Marla Graff Decker, Deputy Attorney General, and Leah A. Darron, Senior Assistant Attorney General.
Deputy Solicitor General Dreeben argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Clement, Assistant Attorney General Fisher, and Matthew D. Roberts.
Thomas C. Goldstein argued the cause for respondent. With him on the brief were S. Jane Chittom, Pamela S. Karlan, Jeffrey L. Fisher, Amy Howe, and Kevin K. Russell.
Briefs of amici curiae urging reversal were filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, Kent C. Sullivan, First Assistant Attorney General, Eric J. R. Nichols, Deputy Attorney General for Criminal Justice, R. Ted Cruz, Solicitor General, and Susanna Dokupil and Adam W. Aston, Assistant Solicitors General, by Roberto J. Sánchez-Ramos, Secretary of Justice of Puerto Rico, and by the Attorneys General for their respective States as follows: Troy King of Alabama, Terry Goddard of Arizona, Dustin McDaniel of Arkansas, John W. Suthers of Colorado, Bill McCollum of Florida, Lawrence G. Wasden of Idaho, Michael A. Cox of Michigan, Jim Hood of Mississippi, Catherine Cortez Masto of Nevada, Kelly A. Ayotte of New Hampshire, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas W. Corbett, Jr., of Pennsylvania, Henry D. McMaster of South Carolina, Lawrence E. Long of South Dakota, Mark L. Shurtleff of Utah, and Bruce A. Salzburg of Wyoming; and for Wayne County, Michigan, by Kym L. Worthy and Timothy A. Baughman.
Briefs of amici curiae urging affirmance were filed for the American Bar Association by William H. Neukom and Rory K. Little; for the American Civil Liberties Union et al. by Susan N. Herman, Steven R. Shapiro, and Rebecca Glenberg; and for the Virginia Trial Lawyers Association by David B. Hargett.
E. Joshua Rosenkranz, Warrington S. Parker III, and Pamela Harris filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae.
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No. 07–21, Crawford et al. v. Marion County Election Board et al.; and No. 07–25, Indiana Democratic Party et al. v. Rokita, Secretary of State of Indiana, et al.
Argued January 9, 2008
Paul M. Smith argued the cause for petitioners in both cases. With him on the briefs for petitioners in No. 07–25 were Sam Hirsch, William R. Groth, and Joseph E. Sandler. Kenneth J. Falk, Jacquelyn Bowie Suess, Laughlin McDonald, Neil T. Bradley, Steven R. Shapiro, Pamela S. Karlan, Jeffrey L. Fisher, Angela Ciccolo, and Victor L. Goode filed briefs for petitioners in No. 07–21.
Thomas M. Fisher, Solicitor General of Indiana, argued the cause for respondents in both cases. With him on the brief for the state respondents were Steve Carter, Attorney General, and Julie A. Brubaker and Heather L. Hagan, Deputy Attorneys General. Jon Laramore and James B. Osborn filed a brief for respondent Marion County Election Board.
Solicitor General Clement argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Assistant Attorney General Becker, Deputy Solicitor General Garre, Douglas Hallward-Driemeier, Diana K. Flynn, and Christy A. McCormick.
Briefs of amici curiae urging reversal in both cases were filed for the Asian American Legal Defense and Education Fund et al. by Jonathan P. Guy and Kenneth Kimerling; for the Brennan Center for Justice et al. by Sidney S. Rosdeitcher and Wendy R. Weiser; for Current and Former State Secretaries of State by Daniel F. Kolb; for the Cyber Privacy Project et al. by Jonathan Albano; for the Electronic Privacy Information Center et al. by Marc Rotenberg; for Historians et al. by J. Gerald Hebert, Paul S. Ryan, and Charles J. Ogletree, Jr.; for the Lawyers’ Committee for Civil Rights Under Law et al. by Walter E. Dellinger, Sri Srinivasan, Jon M. Greenbaum, and Michael L. Murphy; for the Mexican American Legal Defense and Educational Fund by Matthew M. Shors, Michael C. Camuñez, John Trasviña, and Nina Perales; for the NAACP Legal Defense and Educational Fund, Inc., by Theodore M. Shaw, Jacqueline A. Berrien, Debo P. Adegbile, Ryan P. Haygood, and Kristen M. Clarke; for the National Congress of American Indians et al. by Vernle C. Durocher, Jr., and Glenn M. Salvo; for the National Law Center on Homelessness & Poverty et al. by Carter G. Phillips and Edward R. McNicholas; for Rock the Vote et al. by Charles S. Sims and Emily Stern; for the Rutherford Institute by John W. Whitehead; for R. Michael Alvarez et al. by Samuel R. Bagenstos and Milton Sherman; for Richard L. Hasen by Mr. Hasen, pro se; for Congressman Keith Ellison by Gerard Treanor; and for Senator Dianne Feinstein et al. by Robert F. Bauer.
Briefs of amici curiae urging reversal in No. 07–21 were filed for AARP et al. by Patricia A. Brannan, Daniel B. Kohrman, and Michael R. Schuster; and for the Asian American Justice Center et al. by Mark A. Packman, Jonathan M. Cohen, Karen Narasaki, Vincent Eng, and Myron Quon.
Briefs of amici curiae urging affirmance in both cases were filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, R. Ted Cruz, Solicitor General, Kent C. Sullivan, First Assistant Attorney General, David S. Morales, Deputy Attorney General for Civil Litigation, and Philip A. Lionberger, Assistant Solicitor General, by Roberto J. Sánchez-Ramos, Secretary of Justice of Puerto Rico, and by the Attorneys General for their respective States as follows: Troy King of Alabama, John W. Suthers of Colorado; Bill McCollum of Florida; Mark J. Bennett of Hawaii, Michael A. Cox of Michigan, Jon Bruning of Nebraska, and Lawrence E. Long of South Dakota; for Georgia Secretary of State Karen C. Handel by Thurbert E. Baker, Attorney General of Georgia, Dennis R. Dunn, Deputy Attorney General, Stefan E. Ritter, Senior Assistant Attorney General, Mark H. Cohen, and Anne W. Lewis; for the American Civil Rights Union by Peter J. Ferrara; for the American Unity Legal Defense Fund by Barnaby W. Zall; for the Center for Equal Opportunity et al. by John B. Nalbandian and Geoffrey Slaughter; for the Conservative Party of New York State by Martin S. Kaufman; for Democrat and Republican Election Professionals by Mark F. Hearne II; for the Evergreen Freedom Foundation by Michael J. Reitz; for the Lawyers Democracy Fund by Charles H. Bell, Jr., Harvey M. Tettlebaum, and Mark G. Arnold; for the Mountain States Legal Foundation by William Perry Pendley; for the Republican National Committee by Thomas J. Josefiak; for the Washington Legal Foundation by Bert W. Rein, Daniel J. Popeo, and Richard A. Samp; and for Doris Anne Sadler by Wayne C. Turner and Michael R. Limrick.
John H. Findley, Sharon L. Browne, and Steven Geoffrey Gieseler filed a brief for the Pacific Legal Foundation as amicus curiae urging affirmance in No. 07–21.
Briefs of amici curiae were filed in both cases for the Association of Community Organizations for Reform Now by David Overlock Stewart; for the League of Women Voters of Indiana, Inc., et al. by Karen Celestino-Horseman, Thomas N. Austin, Bruce G. Jones, Lewis J. Liman, Nelson A. Nettles, and Raymond L. Faust; for Erwin Chemerinsky by Richard W. Clary; for Christopher S. Elmendorf et al. by Daniel P. Tokaji; for Senator Mitch McConnell et al. by Mr. Hearne; and for Dr. Frederic C. Schaffer et al. by Bradley S. Phillips.
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No. 06–11612, Gonzalez v. United States
Argued January 8, 2008
Brent E. Newton argued the cause for petitioner. With him on the briefs were Marjorie A. Meyers, H. Michael Sokolow, and Timothy Crooks.
Lisa S. Blatt argued the cause for the United States. With her on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Deborah Watson.
Briefs of amici curiae urging reversal were filed for the Charles Hamilton Houston Institute for Race and Justice by Charles J. Ogletree, Jr., and Rachel E. Barkow; and for the National Association of Criminal Defense Lawyers et al. by Joel B. Rudin, Joshua L. Dratel, and Henry J. Bemporad.
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No. 07–455, United States v. Ressam
Argued March 25, 2008
Attorney General Mukasey argued the cause for the United States. On the briefs were Solicitor General Clement, Assistant Attorney General Wainstein, Deputy Solicitor General Dreeben, Toby J. Heytens, and John F. De Pue.
Thomas W. Hillier II argued the cause for respondent. With him on the brief were Laura E. Mate and Lissa Wolfendale Shook.
Donald B. Ayer, Samuel Estreicher, Meir Feder, and Jeffrey L. Fisher filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae.
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No. 06–694, United States v. Williams
Argued October 30, 2007
Solicitor General Clement argued the cause for the United States. With him on the briefs were Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, Deanne E. Maynard, and Deborah Watson.
Richard J. Diaz argued the cause for respondent. With him on the brief were Ophelia M. Valls, Luis I. Guerra, and G. Richard Strafer.
Briefs of amici curiae urging reversal were filed for the State of Alabama et al. by Troy King, Attorney General of Alabama, Kevin C. Newsom, Solicitor General, and James W. Davis, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Terry Goddard of Arizona, Dustin McDaniel of Arkansas, John W. Suthers of Colorado, Joseph R. Biden III of Delaware, Bill McCollum of Florida, Mark J. Bennett of Hawaii, Lisa Madigan of Illinois, Steve Carter of Indiana, Paul J. Morrison of Kansas, G. Steven Rowe of Maine, Douglas F. Gansler of Maryland, Michael A. Cox of Michigan, Lori Swanson of Minnesota, Jon Bruning of Nebraska, Kelly A. Ayotte of New Hampshire, Gary King of New Mexico, Roy Cooper of North Carolina, Wayne Stenehjem of North Dakota, W. A. Drew Edmondson of Oklahoma, Thomas W. Corbett, Jr., of Pennsylvania, Henry D. McMaster of South Carolina, Greg Abbott of Texas, Mark L. Shurtleff of Utah, William Sorrell of Vermont, Robert F. McDonnell of Virginia, Robert M. McKenna of Washington, and Darrell V. McGraw, Jr., of West Virginia; for the American Center for Law and Justice et al. by Jay Alan Sekulow, Stuart J. Roth, Colby M. May, James M. Henderson, Walter M. Weber, John P. Tuskey, and Laura B. Hernandez; for the Lighted Candle Society et al. by Gene C. Schaerr, Steffen N. Johnson, and Linda T. Coberly; for Morality in Media, Inc., by Robin S. Whitehead; for the National Law Center for Children and Families et al. by Daniel P. Collins and Fred A. Rowley, Jr.; for the National Legal Foundation by Steven W. Fitschen and Barry C. Hodge; and for the Rutherford Institute by John W. Whitehead.
Briefs of amici curiae urging affirmance were filed for the American Booksellers Foundation for Free Expression et al. by Michael A. Bamberger and Jonathan Bloom; for the Free Speech Coalition et al. by H. Louis Sirkin and John P. Feldmeier; and for the National Coalition Against Censorship et al. by Katherine A. Fallow and Joan E. Bertin.
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No. 06–666, Department of Revenue of Kentucky et al. v. Davis et ux.
Argued November 5, 2007
C. Christopher Trower argued the cause for petitioners. With him on the briefs were Gwen R. Pinson and Douglas M. Dowell.
G. Eric Brunstad, Jr., argued the cause for respondents. With him on the brief were Rheba Rutkowski, M. Stephen Dampier, Charles R. Watkins, John R. Wylie, David J. Guin, Tammy McClendon Stokes, Irvin D. Foley, Anthony G. Raluy, M. Scott Barrett, Charles S. Zimmerman, Hart L. Robinovitch, Michael C. Moran, Arthur T. Susman, Matthew T. Hurst, and Matthew T. Heffner.
Briefs of amici curiae urging reversal were filed for the State of North Carolina et al. by Roy Cooper, Attorney General of North Carolina, Christopher G. Browning, Jr., Kay Linn Miller Hobart, and Gregory P. Roney, and by the Attorneys General for their respective States as follows: Troy King of Alabama, Talis J. Colberg of Alaska, Terry Goddard of Arizona, Dustin McDaniel of Arkansas, Edmund G. Brown, Jr., of California, John W. Suthers of Colorado, Richard Blumenthal of Connecticut, Joseph R. Biden III of Delaware, Bill McCollum of Florida, Thurbert E. Baker of Georgia, Mark J. Bennett of Hawaii, Lawrence Wasden of Idaho, Lisa Madigan of Illinois, Steve Carter of Indiana, Tom Miller of Iowa, Paul Morrison of Kansas, Charles C. Foti, Jr., of Louisiana, G. Steven Rowe of Maine, Douglas F. Gansler of Maryland, Martha Coakley of Massachusetts, Michael A. Cox of Michigan, Lori Swanson of Minnesota, Jim Hood of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Jon Bruning of Nebraska, Catherine Cortez Masto of Nevada, Kelly A. Ayotte of New Hampshire, Anne Milgram of New Jersey, Gary King of New Mexico, Andrew M. Cuomo of New York, Wayne Stenehjem of North Dakota, Marc Dann of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas J. Corbett, Jr., of Pennsylvania, Patrick Lynch of Rhode Island, Henry McMaster of South Carolina, Lawrence E. Long of South Dakota, Robert E. Cooper, Jr., of Tennessee, Greg Abbott of Texas, Mark L. Shurtleff of Utah, William H. Sorrell of Vermont, Bob McDonnell of Virginia, Robert M. McKenna of Washington, Darrell V. McGraw, Jr., of West Virginia, J. B. Van Hollen of Wisconsin, and Patrick J. Crank of Wyoming; for the Churchill Tax-Free Fund of Kentucky et al. by Michael F. Smith, Philip J. Kessler, and Dennis K. Egan; for Dupree Mutual Funds by P. Anthony Sammons; for the Government Finance Officers Association et al. by Richard Ruda; for the National Association of State Treasurers by Robert A. Long, Theodore P. Metzler, Richard L. Sigal, and Richard A. Cordray; for Nuveen Investments, Inc., by Barry Sullivan and J. Kevin McCall; and for the Securities Industry and Financial Markets Association by Carter G. Phillips, Richard D. Bernstein, A. Robert Pietrzak, Daniel A. McLaughlin, Kevin M. Carroll, and Leslie M. Norwood.
Briefs of amici curiae urging affirmance were filed for the Tax Foundation by Brian E. Bailey; and for Alan D. Viard et al. by Lucinda O. McConathy.
Briefs of amici curiae were filed for the Multistate Tax Commission by Sheldon H. Laskin; and for the National Federation of Municipal Analysts by Leonard Weiser-Varon, William C. Brashares, Maxwell D. Solet, and Noah C. Shaw.
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No. 06–1646, United States v. Rodriquez
Argued January 15, 2008
Kannon K. Shanmugam argued the cause for the United States. With him on the briefs were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Daniel S. Goodman.
Charles A. Rothfeld argued the cause for respondent. With him on the brief were Andrew J. Pincus, Dan M. Kahan, and L. Cece Glenn.
Briefs of amici curiae urging affirmance were filed for the National Association of Criminal Defense Lawyers by Jeffrey L. Fisher and Thomas W. Hillier II; and for Professors of Criminal Law by Meir Feder, Donald B. Ayer, and Samuel Estreicher.
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