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Cases coming before the Supreme Court in the coming weeks and the lawyers who will argue them. “Docket Watch” appears at the beginning of each two-week argument cycle when the high court hears cases.
MONDAY, DEC. 5 • Terry L. Whitman v. Department of Transportation, et al. No. 04-1131 Certiorari to the U.S. Court of Appeals for the 9th Circuit. Question presented: Does the Civil Service Reform Act preclude federal courts from granting equitable relief for constitutional claims brought by federal employees against their employer? For petitioner: Pamela Karlan, Stanford University Law School, Stanford, Calif. For respondents: Malcolm Stewart, assistant to the solicitor general, Department of Justice, Washington, D.C. • Bertram Rice, Warden v. Steven Martell Collins No. 04-52 Certiorari to the U.S. Court of Appeals for the 9th Circuit. Question presented: Does 28 U.S.C. sec. 2254 allow a federal habeas corpus court to reject the presumption of correctness for state fact finding and condemn a state-court adjudication as an unreasonable determination of the facts, where a rational fact finder could have determined the facts as did the state court? For petitioner: Bill Lockyer, attorney general, Sacramento, Calif. For respondent: Mark Drozdowski, deputy federal public defender, Los Angeles.
TUESDAY, DEC. 6 • Donald H. Rumsfeld, Secretary of Defense, et al. v. Forum for Academic and Institutional Rights, et al. No. 04-1152 Certiorari to the U.S. Court of Appeals for the 3rd Circuit. Question presented: Did the court of appeals err in holding that the Solomon Amendment, which withholds federal funds from colleges and universities that deny equal access to military recruiters, likely violates the First Amendment to the Constitution and in directing a preliminary injunction to be issued against its enforcement? For petitioners: Paul Clement, solicitor general, Department of Justice, Washington, D.C. For respondents: E. Joshua Rosenkranz, Heller Ehrman, New York. • Domino’s Pizza Inc. v. John McDonald No. 04-593 Certiorari to the U.S. Court of Appeals for the 9th Circuit. Question presented: In the absence of a contractual relationship with the defendant, are allegations of personal injuries alone sufficient to confer standing on a plaintiff pursuant to 42 U.S.C. sec. 1981? For petitioner: Maureen Mahoney, Latham & Watkins, Washington, D.C. For respondent: Allen Lichtenstein, Las Vegas.
WEDNESDAY, DEC. 7 • Oregon v. Randy Lee Guzek No. 04-928 Certiorari to the Supreme Court of Oregon. Question presented: Can a defendant facing the death penalty introduce “alibi evidence” during the sentencing phase of a trial? For petitioner: Mary Williams, solicitor general, Salem, Ore., and Kannon Shanmugam, assistant to the solicitor general, Department of Justice, Washington, D.C. For respondent: Richard Wolf, Portland, Ore. • Kansas v. Michael Lee Marsh II No. 04-1170 Certiorari to the Supreme Court of Kansas. Question presented: Does it violate the Constitution for a state capital sentencing statute to provide for the imposition of the death penalty when the sentencing jury determines that the mitigating and aggravating evidence is in equipoise? For petitioner: Phill Kline, attorney general, Topeka, Kan. For respondent: Rebecca Woodman, Capital Appellate Defender Office, Topeka, Kan.

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