Skip to main content
Supreme Court Case TrackerThe Court, in plain English

Argument sitting

February 2013 oral arguments

10 cases across 5 argument daysArguments begin at 10 a.m. Eastern
Five argument days, February 19 to February 27, 2013. Five of them have more than one case.

2 cases
Federal liability for guard misconductKim Millbrook, Petitioner v. United States1. WHETHER 28 U.S.C §§1346(b) AND 2680(h) WAIVE THE SOVEREIGN IMMUNITY OF THE UNITED STATES FOR THE INTENTIONAL TORTS OF PRISON GUARDS WHEN THEY ARE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT BUT ARE NOT EXERCISING AUTHORITY TO “EXECUTE SEARCHES, TO SEIZE EVIDENCE, OR TO MAKE ARRESTS FOR VIOLATIONS OF FEDERAL LAW.”? 2. Whether The U.S. Court OF Appeals Erred by aFFirming summary Judgement in favor oF the deFendants On the intentional tort claim only without addressing, hearing or ruling on the negligence claim and disregarded it? 3. Should have the U.S. Court of APPeals aFFirmed in Part in Favor OF the Defendants as to the intentional claim, and reversed in Part in Favor oF the Plaintiff as to the negligence claim, and thereby ordering the lower district court to Proceed On the negligence claim? 4. Whether based on questions one and two (1) and (2), the Plaintiff was PreJudiced thereby?Decided 11-10362Replanting patented seedsVernon Hugh Bowman v. Monsanto CompanyDoes a patent right for self-replicating technology expire after an authorized sale?Decided 11-796

2 cases
Public records for nonresidentsMark J. McBurney v. Nathaniel L. Young, Deputy Commissioner and Director, Virginia Division of Child Support EnforcementUnder the Privileges and Immunities Clause of Article IV and the dormant Commerce Clause of the U. S. Constitution, may a state preclude citizens of other states from enjoying the same right of access to public records that the state affords its own citizens?Decided 12-17Credits for foreign taxesPPL Corporation and Subsidiaries v. Commissioner of Internal RevenueShould courts use a formalistic approach or a substance-based approach that takes into account how the tax actually operates when determining the creditability of a foreign tax?Decided 12-43

2 cases
Missed claims about trial lawyersCarlos Trevino v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCan the ineffective assistance of a criminal defendant's counsel during state habeas proceedings excuse his failure to properly claim ineffective assistance earlier in the proceedings?Decided 11-10189Innocence claims and deadlinesGreg McQuiggin, Warden v. Floyd Perkins1. Must an accused claiming actual innocence prove that extraordinary circumstances prevented the timely filing of his habeas petition? 2. If so, must an accused pursue an actual innocence claim with the same reasonable diligence required to toll the statute of limitations for other habeas petition claims?Decided 12-126

2 cases
DNA testing after arrestMaryland, Petitioner v. Alonzo Jay King, Jr.Does the Fourth Amendment allow states to collect and analyze DNA from people arrested, but not convicted, of serious crimes?Decided 12-207Retroactive sentencing rulesMarvin Peugh v. United StatesDoes the use of the U.S. Sentencing Guidelines in effect at the time of sentencing rather than those in effect at the time of the offense violate the Ex Post Facto Clause if there is significant risk that the newer Guidelines would result in a longer sentence?Decided 12-62

2 cases
Class-action arbitrationAmerican Express Company v. Italian Colors RestaurantIs American Express Company's arbitration clause prohibiting class action suits enforceable, even though it would compel arbitration of antitrust claims?Decided 12-133Federal oversight of voting lawsShelby County, Alabama v. Eric H. Holder, Jr., Attorney GeneralDoes the renewal of Section 5 of the Voter Rights Act under the constraints of Section 4(b) exceed Congress' authority under the Fourteenth and Fifteenth Amendments, and therefore violate the Tenth Amendment and Article Four of the Constitution?Decided 12-96