Below is a quick look at just some of the petitions on our watch list.

Public Citizen Case Highlights:

This Conference Includes three petitions where Public Citizen argues that cert. should be denied:

• 06-895, Bostic v. Gray, 11th Cir. (4th Amendment/qualified immunity for a school officer who handcuffed a 9-year old girl — Greg Beck and Brian Wolfman are co-counsel for respondent).
• 06-1249, Wyeth v. Levine, Vt. (Whether the FDA's prescription drug labeling requirements preempt state law product liability claims — Brian Wolfman and Allison Zieve are co-counsel for respondent).
• 06-605, Los Angeles County v. Rettele, et al., 9th Cir. (4th Amendment/qualified immunity for police who searched the wrong house, and detained its residents while naked — Scott Nelson is co-counsel for respondents). This case was again re-listed.

Last Conference, the Court denied cert. where Public Citizen assisted respondents:

• 06-1093, City of Aberdeen v. Senger, et al., 8th Cir. (whether Fair Labor Standards Act applies to firefighter shift-trading — Brian Wolfman assisted).

Other Watch List Highlights:

New CFR:

The Court has asked an African-American mother who won custody of her child to respond to a petition filed by a caucasian father arguing that a court's use of race as the basis for determining child custody violates the Equal Protection Clause, 06-1193, Gambla v. Woodson (Ill. App. Ct.). The Court has also called for a response to a petition filed by a person imprisoned for contempt for 7 years, presenting federal statutory and due process questions, 06-1278, Armstrong v. Guccione, U.S. Marshal, et al. (2d Cir.).

Last Conference included the resolution of the following petitions:

• The Court denied a petition filed by a warden asking the Court to reverse the 9th Circuit's application of equitable tolling to a habeas petition, 06-1060, Belleque, Superintendent v. Dietrich (9th Cir.).
• The petition challenging the legality of an admissions policy of a private native Hawaiian school under Section 1981, 06-1202, John Doe, a minor v. Kamehameha Schools, et al. (9th Cir. en banc), was dismissed due to settlement.
• View the full watch list for details on other petitions, including the roll-over product liability case, 06-1068, Ford Motor Co. v. Buell-Wilson (Cal. Ct. App.), that was granted, vacated, and remanded in light of 05-1256, Philip Morris v. Williams.

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About This List

Public Citizen has created this listserv to raise awareness of public interest issues presented to the U.S. Supreme Court. Before each Supreme Court conference, we send the list an update on pending Cert. Petitions of Public Interest, including both petitions we're monitoring and some petitions where Public Citizen Litigation Group is providing pro bono legal assistance.

For More Information:

Emma Cheuse
2006-07 SCAP Fellow
Alan Morrison Supreme Court Assistance Project
Public Citizen Litigation Group
(202) 588-7727

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