• 06-462, Texas v. Meyers (Fifth Circuit)

    Whether a state still possesses immunity from suit when it removes claims for which the state’s sovereign immunity has not been waived by the state or abrogated by Congress.

  • 06-740, Lopez-Cancinas v. Gonzales (9th Circuit)

    Whether the REAL ID Act, which restored jurisdiction over “questions of law” in immigration cases notwithstanding specific jurisdictional bars, confers on the courts of appeals jurisdiction to review the proper interpretation of regulations and the application of law to undisputed facts where review of the underlying issue or form of relief is otherwise barred.

  • 06-1010/06-1011, Niagara Mohawk Power/New York v. Federal Energy Regulatory Commission (D.C. Circuit)

    Whether the D.C. Circuit erred in concluding that the Federal Energy Regulatory Commission has jurisdiction to prescribe terms and conditions for retail sales and local distribution service.

  • 06-1032, Newland v. Boyd (9th Circuit)

    Whether a state court reasonably applies Batson v. Kentucky by declining to undertake comparative analysis of challenged and nonchallenged jurors for the first time on appeal.

  • 06-1168, Buffalo Teachers Federation v. Tobe (2nd Circuit)

    Whether the standard of judicial review that applies in determining the reasonableness and necessity of state legislative action impairing a state political subdivision’s contractual financial obligations is the “careful scrutiny” standard or the “deference to [the] legislat[ure]” standard.

  • 06-1169, Hamdan v. Gates/Khadr v. Bush (D.C. Circuit)

    Even if the Military Commissions Act validly withdraws habeas jurisdiction over petitions filed by individuals detained as alleged enemy combatants, whether the petitioners in this case, who are facing criminal prosecution before military tribunals � and sentences of life imprisonment and death � are nevertheless protected by fundamental rights secured by the Constitution, including the right to challenge the jurisdiction of such a tribunal via the writ of habeas corpus.