Today being the first Monday in October, the Supreme Court is meeting to start its October 2014 Term. Last week the Court held its "long conference" during which it reviewed a couple thousand petitions for certiorari and on Thursday granted 11 petitions. Today, the Court's Order list came out and we saw those cases that were denied certiorari, those where requests for the views of the Solicitor General were made and a few other orders issued including a summary reversal of another Ninth Circuit decision wherein the Court smacked down that court as if it were an erring toddler. A case in which IMLA filed an amicus brief that was considered but for which no decision was made Kalamazoo Rd. Commission v. DeLeon involves the issue of whether an employee who seeks a voluntary transfer and is subsequently granted the transfer can claim that the transfer was an adverse employment action. Essentially, by not deciding whether to grant certiorari, the Court will be relisting the case for another conference. That action can mean a lot or nothing. Last year, from January forward only cases that were relisted were granted cert; however many relisted cases were not granted cert, so all it means to us is DeLeon is still alive. Two of the denials involved cases that we were following although not involved in. The first Bonner v. City of Brighton, Michigan involved the question of whether the city's law that required property owners to demolish residences that were in disrepair and the repair costs exceeded their value violated the Constitution and amounted to either a "taking" or a due process violation. The Michigan Supreme Court had upheld the law. The second City of Indianapolis, Indiana v. Annex Books involved the issue of: Whether, to satisfy the First Amendment as applied in Renton v. Playtime Theatres, Inc. and its progeny, an hours-of-operation regulation targeting negative secondary effects must be supported by highly specific, statistically significant empirical evidence. As I was putting this email together I received a notice from the Washington Post which I have pasted below regarding same sex marriage cases. If you have any questions, please let me know. Chuck
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar April 24-27, 2015 - Omni Shoreham, Washington D.C.
Supreme Court clears way for gay marriageshttp://www.washingtonpost.com/politics/courts_law/supreme-court-declines-to-review-same-sex-marriage-cases/2014/10/06/ee822848-4d5e-11e4-babe-e91da079cb8a_story.html
The Supreme Court decided not to review same-sex marriage victories in Virginia and four other states, meaning marriages can take place there.The court's decision came without explanation and puts off a decision about gay marriage nationally. The court decided not to review decisions that struck down prohibitions on same-sex marriage in Virginia, Utah, Oklahoma, Indiana and Wisconsin. Marriages had been on hold in those places pending the disposition of those cases.
Read morehttp://link.email.washingtonpost.com/r/6041ZA/R3BVVL/TUL0LS/M9ULQIA/16L3HD/OS/h?a=http://www.washingtonpost.com/politics/courts_law/supreme-court-declines-to-review-same-sex-marriage-cases/2014/10/06/ee822848-4d5e-11e4-babe-e91da079cb8a_story.html
Today being the first Monday in October, the Supreme Court is meeting to start its October 2014 Term. Last week the Court held its "long conference" during which it reviewed a couple thousand petitions for certiorari and on Thursday granted 11 petitions. Today, the Court's Order list came out and we saw those cases that were denied certiorari, those where requests for the views of the Solicitor General were made and a few other orders issued including a summary reversal of another Ninth Circuit decision wherein the Court smacked down that court as if it were an erring toddler. A case in which IMLA filed an amicus brief that was considered but for which no decision was made Kalamazoo Rd. Commission v. DeLeon involves the issue of whether an employee who seeks a voluntary transfer and is subsequently granted the transfer can claim that the transfer was an adverse employment action. Essentially, by not deciding whether to grant certiorari, the Court will be relisting the case for another conference. That action can mean a lot or nothing. Last year, from January forward only cases that were relisted were granted cert; however many relisted cases were not granted cert, so all it means to us is DeLeon is still alive. Two of the denials involved cases that we were following although not involved in. The first Bonner v. City of Brighton, Michigan involved the question of whether the city's law that required property owners to demolish residences that were in disrepair and the repair costs exceeded their value violated the Constitution and amounted to either a "taking" or a due process violation. The Michigan Supreme Court had upheld the law. The second City of Indianapolis, Indiana v. Annex Books involved the issue of: Whether, to satisfy the First Amendment as applied in Renton v. Playtime Theatres, Inc. and its progeny, an hours-of-operation regulation targeting negative secondary effects must be supported by highly specific, statistically significant empirical evidence. As I was putting this email together I received a notice from the Washington Post which I have pasted below regarding same sex marriage cases. If you have any questions, please let me know. Chuck
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar April 24-27, 2015 - Omni Shoreham, Washington D.C.
Supreme Court clears way for gay marriages<http://www.washingtonpost.com/politics/courts_law/supreme-court-declines-to-review-same-sex-marriage-cases/2014/10/06/ee822848-4d5e-11e4-babe-e91da079cb8a_story.html>
The Supreme Court decided not to review same-sex marriage victories in Virginia and four other states, meaning marriages can take place there.The court's decision came without explanation and puts off a decision about gay marriage nationally. The court decided not to review decisions that struck down prohibitions on same-sex marriage in Virginia, Utah, Oklahoma, Indiana and Wisconsin. Marriages had been on hold in those places pending the disposition of those cases.
Read more<http://link.email.washingtonpost.com/r/6041ZA/R3BVVL/TUL0LS/M9ULQIA/16L3HD/OS/h?a=http://www.washingtonpost.com/politics/courts_law/supreme-court-declines-to-review-same-sex-marriage-cases/2014/10/06/ee822848-4d5e-11e4-babe-e91da079cb8a_story.html>