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Posted Thu, December 19th, 2019 9:13 am by Andrew Hamm

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a motorists assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the offense of driving under the influence, whether a levy that forces property owners to fund other individuals campaign donations implicates the First Amendments compelled-subsidy doctrine, and whether the government-debt exception to the Telephone Consumer Protection Act of 1991s automated-call restriction violates the First Amendment.

Thepetitions of the weekare below the jump:

Elster v. City of Seattle, Washington19-608Issues: (1) Whether a levy that forces property owners to fund other individuals campaign donations implicates the First Amendments compelled-subsidy doctrine; and (2) whether a compelled subsidy of speech should be examined under rational-basis review, as the decision below concluded, or whether a higher standard of review is appropriate.

Cisco Systems Inc. v. SRI International Inc.19-619Issue:Whether patent claims that recite only the abstract idea of collecting and analyzing data are patent-ineligible under35 U.S.C. 101andAlice Corp. Pty. Ltd. v. CLS Bank International.

Bell v. Pennsylvania19-622Issue:Whether a motorists assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the offense of driving under the influence.

Barr v. American Association of Political Consultants Inc.19-631Issue:Whether the government-debt exception to the Telephone Consumer Protection Act of 1991s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.

Arizona v. Nunez-Diaz19-645Issues: (1) Whether the respondent, Hector Sebastion Nunez-Diaz, is categorically barred from establishing prejudice underStrickland v. Washingtonfor aPadilla v. Kentucky/Lee v. United Statesclaim because, as an unauthorized alien, he is without any legal right to remain in the United States; and (2) whether the Arizona Supreme Court erred in findingStricklandprejudice, where inter alia there was no evidence that the respondent had a viable defense either to the criminal charges or deportation.

Posted in Elster v. City of Seattle, Washington, Cisco Systems Inc. v. SRI Int'l Inc., Bell v. Pennsylvania, Barr v. American Association of Political Consultants Inc., Arizona v. Nunez-Diaz, Cases in the Pipeline

Recommended Citation: Andrew Hamm, Petitions of the week, SCOTUSblog (Dec. 19, 2019, 9:13 AM), https://www.scotusblog.com/2019/12/petitions-of-the-week-74/

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Petitions of the week - SCOTUSblog