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Argument sitting

February 2017 oral arguments

4 cases across 3 argument daysArguments begin at 10 a.m. Eastern
Three argument days, February 21 to February 28, 2017. One of them has more than one case.

2 cases
Lawsuits over border shootingsHernandez v. Mesa1. WHETHER THE CLAIM IN THIS CASE MAY BE ASSERTED UNDER BIVENS v. SIX UNKNOWN FED. NARCOTICS AGENTS, 403 U.S. 388 (1971). 2. Does a formalist or functionalist analysis govern the extraterritorial application of the Fourth Amendment's prohibition on unjustified deadly force, as applied to a cross-border shooting of an unarmed Mexican citizen in an enclosed area controlled by the United States? 3. May qualified immunity be granted or denied based on facts-such as the victim's legal status- unknown to the officer at the time of the incident?Decided 15-118Appeals of agency subpoenasMcLane Co. v. EEOCShould a district court’s determination on whether to enforce an Equal Employment Opportunity Commission subpoena be reviewed “de novo,” or without deference to the lower court’s determination?Decided 15-1248

1 case
Power of attorney arbitrationKindred Nursing Centers, L. P. v. ClarkWhether the Federal Arbitration Act preempts a state rule that singles out arbitration agreements for disfavored treatment by requiring that an attorney-in-fact possess specific authority to enter into an arbitration agreement on behalf of a principal?Decided 16-32

1 case
Considering consecutive gun sentencesDean v. United StatesWhether , Pepper v. United States , 562 U.S. 476, 131 s. Ct. 1229, 179 I. Ed. 2d 196 (2011) overruled United States v. Hatcher , 501 f.3d 931 (8th cir. 2007) and related opinions from the Eighth Circuit Court of Appeals to the extent those opinions limit the district court's discretion to consider the mandatory consecutive sentence or sentences under 18 U.S.C. § 924(c) in determining the appropriate sentence for the felony serving as the basis for the 18 U.S.C. § 924 (c) convictions?Decided 15-9260