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Below are 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. The Court is not sitting on Dec. 6.
MONDAY, DEC. 4 • Parents Involved in Community Schools v. Seattle School District No. 1 No. 05-908 Certiorari to the Court of Appeals for the 9th Circuit. Questions presented: Is racial diversity a compelling interest that can justify the use of race in selecting students for admission to public high schools? May a school district that is not racially segregated and that normally permits a student to attend any high school of her choosing deny a child admission to her chosen school solely because of her race in an effort to achieve a desired racial balance in particular schools? For petitioners: Harry Korrell, Davis Wright Tremaine, Seattle; and Paul Clement, solicitor general, Department of Justice, Washington, D.C. (for United States as amicus curiae). For respondent: Michael Madden, Bennett Bigelow & Leedom, Seattle. • Meredith v. Jefferson County Board of Education, et al. No. 05-915 Certiorari to the Court of Appeals for the 6th Circuit. Question presented: Does a race-conscious student assignment plan, with mechanical and inflexible quota systems of not less than 15 percent nor greater than 50 percent of African-American students without individual or holistic review of any student, meet the 14th Amendment requirement that a compelling interest must exist in order to use race as a factor? For petitioner: Teddy Gordon, Louisville, Ky.; and Paul Clement, solicitor general, Department of Justice, Washington, D.C. (for United States as amicus curiae). For respondents: Francis Mullen Jr., Wyatt, Tarrant & Combs, Louisville, Ky.
TUESDAY, DEC. 5 • Gonzales v. Duenas-Alvarez No. 05-1629 Certiorari to the Court of Appeals for the 9th Circuit. Question presented: Does a “theft offense,” which is an “aggravated felony” under the Immigration and Nationality Act, include aiding and abetting? For petitioner: Dan Himmelfarb, assistant to the solicitor general, Department of Justice, Washington, D.C. For respondent: Christopher Meade, WilmerHale, New York, N.Y. • Rockwell International Corp., et al. v. United States, et al. No. 05-1272 Certiorari to the Court of Appeals for the 10th Circuit. Question presented: Did the 10th Circuit err by affirming the entry of judgment in favor of a qui tam relator under the False Claims Act, based on a misinterpretation of the statutory definition of an “original source”? For petitioners: Maureen Mahoney, Latham & Watkins, Washington, D.C. For respondent United States: Malcolm Stewart, assistant to the solicitor general, Department of Justice, Washington, D.C. For respondent Stone: Maria Vullo, Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y.

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