Recent Filings and Developments

  • July 11, 2016: Clinic files petition for certiorari in Esquivel-Quintana v. Lynch, asking whether convictions under broad statutory rape laws subject lawful permanent residents of the United States to mandatory deportation.
  • May 23, 2016: Court rules 7-1 in favor of the clinic’s client in Green v. Brennan, holding that the time for bringing a constructive discharge claim under federal employment discrimination law does not begin running until the employee serves notice of his resignation. See coverage in SCOTUSblog and The National Law Journal.
  • May 2, 2016: Clinic files brief for petitioner on the merits in Manuel v. City of Joliet, arguing that a person can bring a lawsuit against police officers for violating the Fourth Amendment right against unreasonable seizures when they cause the person to be charged with a crime and detained without probable cause.
  • April 4, 2016:  Court grant’s clinic’s petition for certiorari in Peña-Rodriguez v. Colorado, asking whether Federal Rule of Evidence 606(b) – colloquially known as the “no-impeachment” rule – is unconstitutional when it bars the admission of statements showing that racial biased comments infected jury deliberations, when offered to show a violation of the Sixth Amendment right to an impartial jury.
  • January 13, 2016: Clinic files petition for certiorari in Haberstroh v. Nevada, raising the question whether the Sixth Amendment’s Confrontation Clause applies to evidence the prosecution offers during a capital sentencing proceeding to prove the defendant’s eligibility for the death penalty.
  • December 22, 2015: Clinic files petition for certiorari in Endrew F. v. Douglas County School Dist. RE-1, involving the level of educational services required to satisfy the requirement of providing a free and appropriate public education under the Individuals with Disabilities Education Act. The Court is expected to announce later in 2016 whether to review the case.
  • November 30, 2015: Court hears oral argument in Green v. Brennan, involving the deadline for filing a “constructive discharge” claim under Title VII. Clinic Co-Director Brian Wolfman argues on behalf of petitioner, a longtime postal employee, with the student team in the courtroom.
  • November 12, 2015: Clinic files amicus brief in Friedrichs v. California Teachers Association on behalf of public safety unions, urging the Court to reaffirm the ability of states and localities to require public-employee union members to pay fees that facilitate the union’s collective bargaining activities.
  • November 10, 2015: Clinic files petition for certiorari in Peña-Rodriguez v. Colorado, raising the question whether courts may refuse to consider juror testimony demonstrating that racial bias infected jury deliberations in a criminal case, when offered to show a violation of the Sixth Amendment right to an impartial jury.
  • November 2, 2015: Clinic files amicus brief in Fisher v. University of Texas at Austin on behalf of the Association of American Law Schools, defending law schools’ use of race as a factor in admissions processes.
  • October 5, 2015: Court hears oral argument in OBB Personerverkehr v. Sachs, involving the scope of the Foreign Sovereign Immunity Act’s “commercial activity” exception.  Clinic Co-Director Jeff Fisher argues on behalf of respondent, a California resident injured in Austria while traveling under a ticket she purchased in the United States, with the student team in the courtroom.
  • July 8, 2015: Clinic files petition for certiorari in Glasmann v. Washington, involving the double jeopardy implications when a jury in a criminal case silent regarding a charged crime but finds the defendant guilty of a lesser included offense.
  • July 6, 2015: Clinic files opening brief in Green v. Brennan, involving the deadline for filing an employment discrimination lawsuit under Title VII for “constructive discharge.”
  • June 26, 2015: Court rules in favor of clinic’s clients in Obergefell v. Hodges, holding that the Fourteenth Amendment requires states to license and recognize marriages between same-sex couples.  See coverage in SCOTUSblog and The New York Times.
  • June 16, 2015: Court rules against clinic’s client in Ohio v. Clark, holding that the introduction of a child’s accusation of abuse made to his teacher without subjecting the child to cross-examination did not violate the Sixth Amendment’s Confrontation Clause.  See coverage here.
  • April 26, 2015: Court grant’s clinic’s petition for certiorari in Green v. Donahoe, involving how to calculate the deadline for filing “constructive discharge” claims under the federal anti-discrimination statutes.
  • April 21, 2015: Court rules in favor of clinic’s clients in Oneok, Inc. v. Learjet, holding that the petition for certiorari Natural Gas Act does not preempt state antitrust claims arising from a conspiracy to inflate the retail price of gas. See coverage in JURIST.
  • March 2, 2015: Clinic presents oral argument in Ohio v. Clark, concerning how the Sixth Amendment’s Confrontation Clause applies to child witnesses. For coverage, see SCOTUSBlog.
  • February 27, 2015: Clinic files opening brief in Bourke v. Beshear, arguing that the Fourteenth Amendment prohibits states from refusing to issue licenses or recognize marriages between same-sex couples.
  • February 11, 2015: Clinic files petition for certiorari in Nguyen v. North Dakota, involving whether or under what circumstances police officers conduct a “search” under the Fourth Amendment when they trespass in common areas of locked apartment buildings to look for evidence of crime.
  • November 25, 2014: Clinic files certiorari petition in Green v. Donahoe, U.S. Postal Service, raising the issue of when, under federal employment discrimination law, the filing period for an unlawful constructive discharge claim begins to run. For more information and to view the certiorari petition, see SCOTUSBlog.
  • November 21, 2014: Clinic files merits brief for a group of respondents in ONEOK v. Learjet, et al., which involves whether the Natural Gas Act preempts state antitrust claims arising from a conspiracy to inflate the retail price of gas.    Argument was heard on January 12, 2015. For more information and to view briefs previously filed in the case, see SCOTUSBlog.
  • November 13, 2014: Clinic files certiorari petition in Nelson v. Wisconsin, presenting the question whether a trial court’s complete denial of a criminal defendant’s constitutional right to testify is amenable to harmless-error analysis.
  • October 6, 2014: The Court issued an order (see p. 39) in favor of the clinic’s clients in Smith v. Bishop, declining without comment to review the lower court’s ruling striking down the state’s ban on same-sex marriages. This order was issued along with six others in similarly pending petitions certiorari on the first day of the October 2014 term. Within hours of the announcement, county clerk offices began issuing marriage licenses in Virginia, Indiana, Wisconsin, Oklahoma and Utah. See coverage in The New York Times, SCOTUSblog here and here.
  • August 27, 2014: Clinic files brief in Smith v. Bishop, urging the Supreme Court, on behalf of a same-sex couple in Oklahoma, to grant certiorari to decide whether the Fourteenth Amendment prohibits states from banning same-sex marriage. See coverage in The Washington Post and on SCOTUSBlog.
  • June 25, 2014: The Court rules unanimously in favor of the clinic’s client in Riley v. California, holding that police are required to obtain warrants in order to search cell phones of those arrested. See coverage in New York Times, SCOTUSblog.
  • April 28, 2014: Clinic files petition for certiorari in Dunlap v. Idaho, involving whether the Sixth Amendment right to confront adverse witnesses applies to facts the prosecution must prove to establish a defendant’s eligibility for the death penalty.
  • April 21, 2014: Court grants clinic’s petition for certiorari in Heien v. North Carolina, involving whether a police officer’s mistaken understanding of the law can provide the individualized suspicion the Fourth Amendment requires to justify a traffic stop.
  • February 25, 2014: Court rules 6-3 against clinic’s client in Fernandez v. California, holding that the police may search an arrestee’s home based on the consent of a co-tenant even when the arrestee told the police before arrested that he refused such consent. See coverage in The New York Times and SCOTUSBlog.
  • January 17, 2014: Court grants clinic’s cert petition in Riley v. California, presenting the question whether, or under what circumstances, the Fourth Amendment permits the police to conduct a warrantless search of the digital contents of a person’s cell phone seized during an arrest. See coverage in the The New York Times.
  • January 14, 2014: Court rules against clinic’s clients in Daimler AG v. Bauman, holding that a foreign corporation is not subject to U.S. jurisdiction for injuries allegedly incurred outside of this country. See coverage in the New York Times and on SCOTUSblog.