Posted on Wed Nov 25th 2020 11:11 am by Amy Howe
The Supreme Court published the calendar for its January argumentation session on Wednesday. The session will be relatively quiet, with only five hours of fighting over four days. The judges will not hear arguments on two days: January 18, a federal holiday celebrating Martin Luther King Jr. Day, and January 20, when much of the District of Columbia closes due to the inauguration of the president – and the Chief Justice John Roberts will take the oath of office to the court.
The cases to be discussed during the January session are:
Pham v. Chavez (Jan. 11): Whether 8 USC Section 1226, which generally gives non-citizens the right to a hearing on the bond, or 8 USC Section 1231, which does not, applies to the detention of a non-citizen who does Hold removal after restoring a previous removal job.
Uzuegbunam v Preczewski (Jan. 12): Whether the government can seek nominal damages by amending an unconstitutional policy after a lawsuit is filed against the policy.
AMG Capital Management v Federal Trade Commission (Jan. 13): Whether there is a provision of the Federal Trade Commission Act that gives the FTC the power to go before a district court to seek a permanent injunction to enforce Section 5 of the Act, the “Unfair competitive practices” and “unfair or misleading acts or practices” also give the FTC the power to require the defendants to return funds received as a result of their illegal activities.
Federal Communications Commission v Prometheus Radio Project and National Association of Broadcasters v Prometheus Radio Project (consolidated for one-hour dispute on Jan. 19): A challenge to a U.S. appeals court decision for the 3rd Circuit that blocked changes by the FCC to media ownership rules such as the Commission’s lifting of restrictions on joint ownership of newspapers and radio stations in the same market.
BP PLC v Baltimore Mayor and Councilor (Jan. 19): Whether federal law in the city’s climate action lawsuit against oil and gas companies allows an appeals court to consider any issues included in a district court order, a case in a state Court if moving to a state court is based on two laws or if the appellate court can only examine the reason for the removal itself.
When the Supreme Court begins its December oral hearing next Monday, it will hear arguments over the phone over the coronavirus pandemic. The court has not yet announced whether it will hear arguments over the phone in January.
Update (Wednesday, November 25, 11:20 a.m.): The court announced later on Wednesday that the judges would negotiate orally by phone during the January argumentation session. Live audio of the oral presentations will be made available to the public via a media pool.
This post was originally published on Howe on the Court.
Amy Howe, Court publishes January calendar (updated),
SCOTUSblog (November 25, 2020, 11:11 am), https://www.scotusblog.com/2020/11/court-releases-january-calendar-3/