556 U. S., PART 2

Nken v. Holder, 556 U. S. 2 ___ (2009)

R047; No. 08-681; 4/22/09. Traditional stay factors, rather than the demanding standard set forth in 8 U. S. C. §1252(f)(2) for the issuance of injunctions, govern a court of appeals’ authority to stay an alien’s removal from this country pending the court’s review of the removal order.

Cone v. Bell, 556 U. S. 2 ___ (2009)

R048; No. 07-1114; 4/28/09. The Tennessee courts’ procedural rejection of Cone’s claim of unlawful suppression of evidence under Brady v. Maryland, 373 U. S. 83, does not bar federal habeas review of the claim’s merits; although the suppressed evidence was not material to Cone’s first-degree murder conviction, the lower federal courts erred in failing to assess the cumulative effect of that evidence with respect to Cone’s capital sentence.

FCC v. Fox Television Stations, Inc., 556 U. S. 2 ___ (2009)

R049; No. 07-582; 4/28/09. The FCC’s revised policy finding that the federal ban on broadcasting “any . . . indecent language,” 18 U. S. C. §1464, sometimes applies to indecent expletives even when the offensive words are not repeated is neither “arbitrary” nor “capricious” within the meaning of the Administrative Procedure Act, 5 U. S. C. §706(2)(A).

Dean v. United States, 556 U. S. 2 ___ (2009)

R050; No. 08-5274; 4/29/09. Title 18 U. S. C. §924(c)(1)(A)(iii), which mandates a 10-year mandatory minimum sentence “if [a] firearm is discharged” in the course of a violent or drug trafficking crime, requires no separate proof of intent, applying whether the gun is discharged on purpose or by accident.

Kansas v. Ventris, 556 U. S. 2 ___ (2009)

R051; No. 07-1356; 4/29/09. Respondent’s incriminating statement to an informant planted in his jail cell, concededly elicited in violation of the Sixth Amendment, was admissible to impeach his inconsistent testimony at trial.

Burlington N. & S. F. R. Co. v. United States, 556 U. S. 2 ___ (2009)

R052; No. 07-1601; 5/4/09. Under the Comprehensive Environmental Response, Compensation, and Liability Act, petitioner Shell Oil Company is not liable for the contamination at an agricultural chemical distribution facility, and the District Court reasonably apportioned petitioner railroads’ share of the site’s remediation costs at 9%.

Arthur Andersen LLP v. Carlisle, 556 U. S. 2 ___ (2009)

R053; No. 08-146; 5/4/09. The Sixth Circuit had jurisdiction to review the denial of petitioners’ request for a stay under §3 of the Federal Arbitration Act; a litigant who was not a party to the arbitration agreement may invoke §3 if the relevant state contract law allows him to enforce the agreement.

Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U. S. 2 ___ (2009)

R054; No. 07-1437; 5/4/09. A federal district court’s order remanding a case to state court after declining to exercise supplemental jurisdiction over state-law claims is not a remand for lack of subject-matter jurisdiction for which appellate review is barred by 28 U. S. C. §§1447(c) and (d).

Flores-Figueroa v. United States, 556 U. S. 2 ___ (2009)

R055; No. 08-108; 5/4/09. Title 18 U. S. C. §1028(a)(1)— which imposes a mandatory consecutive 2-year prison term on an individual convicted of certain predicate crimes if, during (or in relation to) the commission of those other crimes, the offender “knowingly . . . uses, without lawful authority, a means of identification of another person”—requires the Government to show that the defendant knew that the means of identification at issue belonged to someone else.

Ashcroft v. Iqbal, 556 U. S. 2 ___ (2009)

R056; No. 07-1015; 5/18/09. Respondent 9/11 detainee’s complaint alleging that petitioner federal officials subjected him to harsh confinement conditions as a matter of policy on account of his religion, race, and/or national origin fails to plead sufficient facts to satisfy the requirements of Federal Rule of Civil Procedure 8, as interpreted in Bell Atlantic Corp. v. Twombly, 550 U. S. 544.

AT&T; Corp. v. Hulteen, 556 U. S. 2 ___ (2009)

R057; No. 07-543; 5/18/09. An employer does not necessarily violate the Pregnancy Discrimination Act when it pays pension benefits calculated in part under an accrual rule, applied only prior to the PDA, that gave less retirement credit for pregnancy leave than for medical leave generally; because AT&T;’s pension payments accord with a bona fide seniority system’s terms, they are insulated from challenge under §703(h) of Title VII of the Civil Rights Act of 1964.

Montejo v. Louisiana, 556 U. S. 2 ___ (2009)

R058; No. 07-10374; 5/26/09. As applied to 42 U. S. C. §1983 claims, a New York law that divests the State’s general jurisdiction courts of their jurisdiction to hear damages suits filed by prisoners against state correction officers violates the Supremacy Clause.

Haywood v. Drown, 556 U. S. 2 ___ (2009)

R059; No. 07-1529; 5/26/09. Michigan v. Jackson, 475 U. S. 625, which forbid police to initiate interrogation of a criminal defendant once he invoked his Sixth Amendment right to counsel at an arraignment or similar proceeding, should be and now is overruled.

Abuelhawa v. United States, 556 U. S. 2 ___ (2009)

R060; No. 08-192; 5/26/09. Using a telephone to make a misdemeanor drug purchase does not “facilitat[e]” felony drug distribution in violation of 21 U. S. C. §843(b), which prohibits “us[ing] any communication facility in . . . facilitating” certain drug felonies.

Bobby v. Bies, 556 U. S. 2 ___ (2009)

R061; No. 08-598; 6/1/09. The Double Jeopardy Clause does not bar the Ohio courts from conducting a full hearing on whether Bies qualifies as a mentally retarded offender who cannot be executed under Atkins v. Virginia, 536 U. S. 304, because of their earlier determination, under the pre-Atkins standard, that his mental retardation qualified as a mitigating factor.

CSX Transp., Inc. v. Hensley, 556 U. S. 2 ___ (2009) (per curiam)

R062; No. 08-1034; 6/1/09. In affirming the trial court’s refusal to give fear-of-cancer jury instructions in this Federal Employers’ Liability Act suit alleging that petitioner railroad had negligently caused respondent employee to contract asbestosis at work, the Tennessee Court of Appeals misread and misapplied Norfolk & Western R. Co. v. Ayers, 538 U. S. 135.

Republic of Iraq v. Beaty, 556 U. S. 2 ___ (2009)

R063; No. 07-1090; 6/8/09. Iraq is no longer subject to suit in federal court pursuant to the terrorism exception to foreign sovereign immunity, now repealed, that had been codified at 28 U. S. C. §1605(a)(7).

Caperton v. A. T. Massey Coal Co., 556 U. S. 2 ___ (2009)

R064; No. 08-22; 6/8/09. In a case in which the West Virginia Supreme Court of Appeals reversed a $50 million verdict, due process required recusal of a justice who had received campaign contributions in an extraordinary amount from the board chairman and principal officer of the corporation found liable for the damages.

United States v. Denedo, 556 U. S. 2 ___ (2009)

R065; No. 08-267; 6/8/09. Article I military courts have jurisdiction to entertain coram nobis petitions to consider allegations that an earlier judgment of conviction was flawed in a fundamental respect.

United States ex rel. Eisenstein v. City of New York, 556 U. S. 2 ___ (2009)

R066; No. 08-660; 6/8/09. Because the United States declined to intervene in this privately initiated False Claims Act action, it was not a “party” to the litigation for purposes of either 28 U. S. C. §2107 or Federal Rule of Appellate Procedure 4; therefore, petitioner’s notice of appeal was untimely, as it should have been filed within the Rule’s 30-day period, not the extended 60-day period when the United States is a party.

Boyle v. United States, 556 U. S. 2 ___ (2009)

R067; No. 07-1309; 6/08/09. An association-in-fact “enterprise” under the Racketeer Influenced and Corrupt Organizations Act must have a “structure,” but the pertinent jury instruction need not be framed in the precise language petitioner proposes, i.e., as having “an ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages.”

Indiana State Police Pension Trust v. Chrysler LLC, 556 U. S. 2 ___ (2009)

R068; No. 08A1096; 6/9/09. Applications for stay of Chrysler sale denied, and temporary stay vacated.