As the “First Monday in October” approaches, the U. S. Supreme Court will have a full plate heading into the 2010-2011 term. Contrary to popular belief, the Court’s recess will end Monday, September 27 when the Court will convene in conference. The traditional First Monday in October (this year October 4) is when the Court begins to hear oral arguments.
The U. S. Chamber of Commerce’s challenge to Arizona’s law revoking the business licenses of those companies that hire illegal aliens will be argued. Two consumer lawsuits against corporations, one against Wyeth pharmaceutical and the other against Mazda, will be heard. Both come to the Court on procedural grounds.
A number of employment discrimination cases will be before the Court, and later the Court will decide whether to hear the gender discrimination case against Wal-Mart, potentially involving 1.5 million female workers. If allowed to proceed, it would be the largest gender bias lawsuit against a private employer in U. S. history.
Also on the agenda are two free speech cases. One challenges California’s prohibition against selling certain video game to minors. The other will examine whether protests at the funerals of veterans killed in Iraq and Afghanistan are protected under the First Amendment.
Elena Kagan, the Court’s newest Associate Justice, will not be active for much of the Court’s business in 2010. She has recused herself from hearing 20 of the 38 cases scheduled for argument. As Solicitor General, she participated in the litigation in those 20 cases and is disqualified from considering them as a judge. Any cases that result in a 4-4 decision because of her absence will be deemed to affirm the decision of the Court of Appeals or other court, such as a state supreme court, from which they originated.
Among the cases she is expected to miss are the case involving revocation of business licenses for hiring illegals, the two consumer lawsuit cases and three employment discrimination cases. Disqualification based on prior involvement in cases is not unusual during the early stages of a Supreme Court Justice’s career. Many, as federal judge’s, issued lower court opinions on cases destined for the Supreme Court. Others, like Kagan, were involved in the litigation.
The Court’s schedule for oral argument is here.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.