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Orders in the Court: What Is and What Will Never Be

By Robyn Hagan Cain on June 15, 2012 | Last updated on March 21, 2019

This week, we're wrapping up the orders in the Supreme Court with a look at a notable cases that were both granted and denied certiorari.

So who will be heading to First Street come Fall, and who will slink back home in disappointment? Read on and find out.

  • Amgen Inc. v. Connecticut Retirement Plans and Trust Funds. The Nine granted certiorai in this Ninth Circuit case on Monday. The Court will consider two issues when it takes the case up in the October 2012 term. First, whether, in a misrepresentation case under Securities and Exchange Commission Rule 10b-5, a district court must require proof of materiality before certifying a plaintiff class based on the fraud-on-the-market theory. Second, whether, the district court must allow the defendant to present evidence rebutting the applicability of the fraud-on-the-market theory before certifying a plaintiff class based on that theory.
  • Evans v. Michigan. The Court also granted certiorari in this appeal from a Michigan Supreme Court decision on Monday. Here, the Court will address whether the Double Jeopardy Clause bars retrial after the trial judge erroneously holds a particular fact to be an element of the offense and then grants a midtrial directed verdict of acquittal because the prosecution failed to prove that fact.
  • Guantanamo Bay Prisoner Appeals. The Gitmo detainees were the big losers in the Court this week. SCOTUSblog's Lyle Denniston noted that "One day before the fourth anniversary of its most important ruling during the government's 'war on terrorism,'" the Supreme Court rejected seven separate appeals by Guantanamo Bay prisoners, and refused to review an appeal by U.S. citizen Jose Padilla.

The Supreme Court is expected to hand down more orders and opinions on Monday, June 18. There are 14 outstanding cases left from the October 2011 term.

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