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Wednesday, February 1, 2012




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OT11 Merits Cases Arizona v. United StatesArmour v. IndianapolisAstrue v. CapatoBlueford v. ArkansasCaraco v. Novo NordiskCavazos v. WilliamsChristopher v. SmithKline Beecham Corp.Coleman v. Maryland Court of AppealsCompuCredit v. GreenwoodCredit Suisse Securities v. SimmondsDorsey v. United StatesDouglas v. Cal. Pharm. Ass'nDouglas v. In. Liv'g Ctr. of S. Cal.Douglas v. S.R. M. HospitalElgin v. Dep't of the TreasuryFAA v. CooperFCC v. FoxFilarsky v. DeliaFirst Am. Financial Corp. v. EdwardsFlorence v. Board of FreeholdersFla. v. Dept. Health and Human ServicesFlorida v. JardinesFreeman v. Quicken Loans Inc.Golan v. HolderGonzalez v. ThalerGreene v. FisherHall v. United StatesHill v. United StatesHolder v. GutierrezHolder v. SawyersHosanna-Tabor Church v. EEOCHowes v. FieldsJackson v. HobbsJudulang v. HolderKappos v. HyattKawashima v. HolderKiobel v. Royal Dutch PetroleumKloeckner v. SolisKnox v. SEIUKurns v. Railroad Friction ProductsLafler v. CooperM.B.Z. v. ClintonMagner v. GallagherMaples v. ThomasMartel v. ClairMartinez v. RyanMatch-E-Be-Nash-She-Wish v. PatchakMayo v. Prometheus LaboratoriesMesserschmidt v. MillenderMiller v. AlabamaMims v. Arrow Financial ServicesMinneci v. PollardMissouri v. FryeMohamad v. RajoubNat'l Fed. of Ind. Business v. SebeliusNational Meat Association v. HarrisPacific Operators v. ValladolidPerry v. DavisPerry v. New HampshirePerry v. PerezPerry v. PerezPPL Montana, LLC v. MontanaRadLAX v. Amalgamated BankRehberg v. PaulkReichle v. HowardsReynolds v. United StatesRoberts v. Sea-Land ServicesSackett v. EPASalazar v. PatchakSalazar v. Ramah Navajo ChapterSetser v. United StatesSmith v. CainSouthern Union Company v. United StatesTaniguchi v. Kan Pacific Saipan, Ltd.H.H.S. v. Fla.United States v. AlvarezUnited States v. BormesUnited States v. Home Concrete & SupplyUnited States v. JonesVartelas v. HolderVasquez v. United StatesWilliams v. IllinoisWood v. Milyard Why Jones is still less of a pro-privacy decision than most thought (Conclusion slightly revised Jan. 31) – Tom GoldsteinOpinion analysis: An exercise in statutory construction – Steven SchwinnJones confounds the press – Tom Goldstein

Magner v. Gallagher

Docket No. Op. Below Argument Opinion Vote Author Term

10-1032 8th Cir. Feb 29, 2012


Disclaimer: Goldstein & Russell, P.C. serves as counsel to the respondents in this case.

Issue: (1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so (2) what test should be used to analyze them.

Plain English Issue: (1) Whether a lawsuit can be brought for a violation of the Fair Housing Act based on a practice that is not discriminatory on its own, but has a discriminatory effect; and, if so, (2) how should courts determine whether a practice has a discriminatory effect and violates the Act?

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Brief of the Pacific Legal Foundation et al.

Brief of the Independent Community Bankers of America et al.

Brief of the Eagle Forum Education & Legal Defense Fund, Inc.

Brief of the American Bankers Association et al.

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Brief of the United States

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Brief of Thomas Gallagher et al.

Amicus Briefs in Support of the Respondents

Brief of the NAACP Legal Defense & Education Fund

Brief of the Lawyer's Committee on Civil Rights et al.

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Petition of the day 4:36pm on 1/31

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Calendar: February 2012

Full Calendar Submit Event

Feb. 2012

Su Mo Tu We Th Fr Sa

1Mock moot of health care case

2 3 4

5 6 7 8 9 10Pro bono panel


12 13 14 15 16 17Conference


19 20Holiday

21Freeman v. Quicken Loans (10-1042)

Taniguchi v. Kan Pacific Saipan (10-1472)


22United States v. Alvarez (11-210)

Blueford v. Arkansas (11-1320)

23 24Conference


26 27Elgin v. U.S. Treasury Dept. (11-45)

Wood v. Milyard (10-9995)


28Kiobel v. Royal Dutch Petroleum (10-1491)

Mohamad v. Palestinian Authority (11-88)

29Magner v . Gallagher (10-1032)

Armour v. City of Indianapolis (11-161)







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Recent Community Comments

REVISED REPLY- I apologize for the typos in the first version. There aren’t plaintiffs in these cases in no small part because...

Rick Nagel on 1/23 at 5:38 pm

Rick Nagel – 1 Promoted Comment There aren’t, no doubt, because those displaced by racial preferences lack either the courage,...

Rick Nagel on 1/23 at 5:33 pm

There aren't, no doubt, because those displaced by racial preferences lack either courage,conviction or,perhaps, both. In Parents...

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I wish there were more of these cases, too, Mr. Nagel -- but the point is that there aren't, even though the underlying discrimination...

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This Week at the Court

The Court is on winter recess until the Justices reconvene for the Conference of February 17. Our “Petitions to watch” for that Conference will be available soon.

The February sitting begins February 21.

See allUpcoming Oral Arguments

2/21Freeman v. Quicken Loans Inc.

Unearned fees in real estate

2/21Taniguchi v. Kan Pacific Saipan, Ltd.

Losing party’s duty to pay winner’s costs of translating foreign-language documents for use at trial.

2/22United States v. Alvarez

Stolen Valor Act

See allUpcoming Petitions

Conference of February 17

Bogan v. City of Chicago

Warrantless searches of residences

Cannella v. Florida

Use of defendant’s pre-arrest silence

E.R.G. v. E.H.G.

Grandparent visitation

Janssen Biotech, Inc. v. Abbott Laboratories

Patent written description

Peninsula School District v. D.P.

IDEA exhaustion

Term Snapshot

Cases argued 47

Cases decided 16

Summary reversals 5

Merits cases granted to date 76

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