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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. Monday, Feb. 23 Household Credit Services, et al. v. Sharon Pfennig No. 02-857 Certiorari to the 6th U.S. Circuit Court of Appeals. Question presented: Whether a credit card company may charge fees for a consumer’s exceeded credit limit if the company authorized the extension. For petitioners: Seth Waxman, Wilmer, Cutler & Pickering, Washington, D.C.; and Barbara McDowell, assistant to the solicitor general, U.S. Department of Justice, Washington, D.C. (for United States, as amicus curiae). For respondent: Sylvia Goldsmith, Murray & Murray, Sandusky, Ohio. Randall Scarborough v. Anthony Principi, Secretary of Veterans Affairs No. 02-1657 Certiorari to the U.S. Court of Appeals for the Federal Circuit. Question presented: Whether a disabled veteran can recoup attorney fees under the Equal Access to Justice Act although his initial application, while filed on time, failed to allege that the government’s position in litigation was “not substantially justified.” For petitioner: Brian Wolfman, Public Citizen Litigation Group, Washington, D.C. For respondent: Jeffrey Minear, assistant to the solicitor general, U.S. Department of Justice, Washington, D.C. Tuesday, Feb. 24 Edith Jones, et al. v. R.R. Donnelley & Sons Co. No. 02-1205 Certiorari to the 7th U.S. Circuit Court of Appeals. Question presented: Whether a federal law providing a four-year “catch-all” statute of limitations on civil lawsuits applies to new causes of action under the 1991 Civil Rights Act. For petitioners: H. Candace Gorman, Chicago; and Gregory Garre, assistant to the solicitor general, U.S. Department of Justice, Washington, D.C. (for United States, as amicus curiae). For respondent: Carter Phillips, Sidley Austin Brown & Wood, Washington, D.C.; and Kevin Newsom, solicitor general, Office of the Alabama Attorney General, Montgomery, Ala. (for Alabama and other states, as amicus curiae). Jeffrey Beard, Secretary, Pennsylvania Department of Corrections, et al. v. George Banks No. 02-1603 Certiorari to the 3rd U.S. Circuit Court of Appeals. Question presented: Whether the 1988 ruling in Mills v. Maryland, which stated that jurors do not have to agree unanimously on mitigating circumstances when considering a death sentence, can be applied retroactively. For petitioners: Ronald Eisenberg, deputy district attorney, Office of Philadelphia District Attorney, Philadelphia. For respondent: Albert Flora Jr., Luzerne County Public Defender’s Office, Wilkes-Barre, Pa. Wednesday, Feb. 25 United States v. Manuel Flores-Montano No. 02-1794 Certiorari to the 9th U.S. Circuit Court of Appeals. Question presented: Whether, under the Fourth Amendment, customs officers must have reasonable suspicion to remove and search a vehicle’s gas tank at international borders. For petitioner: Lisa Blatt, assistant to the solicitor general, U.S. Department of Justice, Washington, D.C. For respondent: Steven Hubachek, Federal Defenders of San Diego, San Diego. Republic of Austria, et al. v. Maria Altmann No. 03-13 Certiorari to the 9th U.S. Circuit Court of Appeals. Question presented: Whether the Foreign Sovereign Immunities Act allows U.S. citizens to sue foreign states for actions that occurred prior to 1952, when the U.S. first allowed such suits in restricted circumstances. The case stems from a California woman’s suit against the Republic of Austria and the Austrian Gallery for six Gustav Klimt paintings in their possession that she inherited from an uncle in 1945. For petitioners: Scott Cooper, Proskauer Rose, Los Angeles; and Thomas Hungar, deputy solicitor general, U.S. Department of Justice, Washington, D.C. (for United States, as amicus curiae). For respondent: E. Randol Schoenberg, Burris & Schoenberg, Los Angeles. Monday, March 1 Tennessee Student Assistance Corp. v. Pamela Hood No. 02-1606 Certiorari to the 6th U.S. Circuit Court of Appeals. Question presented: Whether an individual may sue a state, otherwise immune to federal suits under the 11th Amendment, under federal bankruptcy laws. For petitioner: Daryl Brand, associate solicitor general, Office of the Tennessee Attorney General, Nashville. For respondent: Leonard Gerson, Angel & Frankel, New York. Michael Yarborough, Warden v. Michael Alvarado No. 02-1684 Certiorari to the 9th U.S. Circuit Court of Appeals. Question presented: Whether a court must consider a juvenile’s age when determining whether he or she is in “custody” for the purpose of triggering the required Miranda warning. For petitioner: Deborah Chuang, deputy attorney general, Office of the California Attorney General, Los Angeles; and John Elwood, assistant to the solicitor general, U.S. Department of Justice, Washington, D.C. (for United States, as amicus curiae). For respondent: Tara Allen, Malibu, Calif. (Appointed by Court.) Tuesday, March 2 Doug Dretke, Director, Texas Department of Criminal Justice v. Michael Wayne Haley No. 02-1824 Certiorari to the 5th U.S. Circuit Court of Appeals. Question presented: Whether the rule that allows courts to accept claims of “actual innocence” in federal habeas claims despite “procedural default” can be applied to a sentencing error in a non-death-penalty case. For petitioner: R. Ted Cruz, solicitor general, Office of the Texas Attorney General, Austin, Texas; and Matthew Roberts, assistant to the solicitor general, U.S. Department of Justice, Washington, D.C. (for United States, as amicus curiae). For respondent: Eric Albritton, Longview, Texas. John Ashcroft, U.S. Attorney General v. American Civil Liberties Union, et al. No. 03-218 Certiorari to the 3rd U.S. Circuit Court of Appeals. Question presented: Whether the Child Online Protection Act, which aims to restrict children’s online access to material that is “harmful to minors,” violates the First Amendment. The Court had remanded the case to the 3rd Circuit in 2002. For petitioner: Theodore Olson, solicitor general, U.S. Department of Justice, Washington, D.C. For respondents: Ann Beeson, American Civil Liberties Union Foundation, New York. Wednesday, March 3 Basim Omar Sabri v. United States No. 03-44 Certiorari to the 8th U.S. Circuit Court of Appeals. Question presented: Whether a federal statute that makes it a crime to bribe agents of local government bodies that receive federal funds has enough nexus to a federal interest to be a constitutional exercise of congressional power. For petitioner: Andrew Birrell, Birrell & Newmark, Minneapolis. For respondent: Michael Dreeben, deputy solicitor general, U.S. Department of Justice, Washington, D.C. Grupo Dataflux v. Atlas Global Group, et al. No. 02-1689 Certiorari to the 5th U.S. Circuit Court of Appeals. Question presented: Whether one party to a lawsuit can establish diversity jurisdiction after the litigation commences. For petitioner: William Boyce, Fulbright & Jaworski, Houston. For respondents: Roger Greenberg, Schwartz Junell Greenberg & Oathout, Houston.

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