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statutory construction

Advocate Health Care Network v. Stapleton

Issues

Does the Employment Retirement Income Security Act of 1974’s “church plan” exemption apply to a pension plan maintained by an otherwise-qualifying church-affiliated organization, regardless of whether a church initially established the plan?

This consolidated case provides the Supreme Court with the opportunity to resolve a conflict over the application of the “church plan” exemption of the Employee Retirement Income Security Act (“ERISA”). The parties disagree over whether the exemption applies to a pension plan maintained by a church-affiliated entity but not established by a church. Petitioners Advocate Health Care Network et al. (“Advocate”) argue that historical evidence and the statutory text establish that the exemption covers pension plans created by church agencies in addition to plans created by churches themselves. Advocate contends that a contrary interpretation would invite impermissible government interference with and discrimination between religious denominations. Maria Stapleton and fellow Respondents (“Stapleton”) contend that the language and purpose of the “church plan” exemption illustrate that it was not meant to cover a pension plan that was not created by a church. Stapleton also asserts that exempting the pension plans of church-affiliated entities from ERISA violates the Establishment Clause and puts thousands of church-agency employees at risk of losing their retirement benefits. 

Questions as Framed for the Court by the Parties

The Employee Retirement Income Security Act of 1974 (“ERISA”) governs employers that offer pensions and other benefits to their employees. “Church plans” are exempt from ERISA’s coverage. 29 U.S.C. §§ 1002(33), 1003(b)(2). For over thirty years, the three federal agencies that administer and enforce ERISA—the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation—have interpreted the church plan exemption to include pension plans maintained by otherwise qualifying organizations that are associated with or controlled by a church, whether or not a church itself established the plan.

The question presented is whether ERISA’s church plan exemption applies so long as a pension plan is maintained by an otherwise qualifying church-affiliated organization, or whether the exemption applies only if, in addition, a church initially established the plan.

This case is a combination of appeals from United States Courts of Appeals for the Seventh, Ninth, and Third Circuits. The facts from each case are substantially similar. 

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Barrett v. United States

Issues

Can a court punish a criminal defendant with two sentences for a single act in violation of both 18 U.S.C. § 924(c) and (j), according to the Double Jeopardy clause of the Fifth Amendment?

 

This case asks the Supreme Court to consider whether the language of 18 U.S.C. § 924(c) and § 924(j) allow for cumulative punishments for a singular criminal act that violates both provisions of this statute. Sections 924(c) and (j) punish the use of a firearm during the commission of a violent crime or drug trafficking. Dwayne Barrett contends that § 924(c) and (j) are not separate crimes because they punish the same underlying singular act, and Congress has authorized cumulative sentences for the same act. Charles L. McCloud, as court-appointed amicus curiae, argues that § 924(c) and (j) are two separate crimes, and Congress intended to allow for cumulative punishments for a single act that violates both statutes. The Supreme Court’s decision in this case raises concerns regarding the justice of sentencing to punish multiple violations involving a singular act and the duties of the legislative and judicial branches in determining the scope of criminal punishment. 

Questions as Framed for the Court by the Parties

Whether the double jeopardy clause of the Fifth Amendment permits two sentences for an act that violates 18 U.S.C. § 924(c) and (j).

From August 2011 to January 2012, Petitioner Dwayne Barrett belonged to a group that committed several robberies. United States v.

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Bond v. United States

Issues

Do the Commerce and Necessary and Proper Clauses, read in connection with the treaty power, allow a statute that was enacted by Congress to enforce a treaty to serve as a valid basis for prosecuting a criminal defendant in Federal District Court?

Petitioner Carol Anne Bond was arrested in 2007 for attempts to poison a romantic rival, which culminated in a minor burn to the rival’s thumb. A federal district court sentenced Bond to six years in prison and five years of supervised release, and ordered her to pay a fine and make restitution, under the authority of the Chemical Weapons Convention Implementation Act. Congress passed that statute to implement an international arms-control agreement to prohibit chemical warfare. Bond challenged her conviction, claiming the statute’s application to her domestic conduct exceeded Congress’ limited and enumerated powers. In reviewing her challenge, the Third Circuit held that Congress’ power to implement treaties validated the statute and Bond’s conviction. The Supreme Court’s ruling in this case will affect not only how broadly federal criminal statutes apply, but also the scope of Congress’ authority to implement treaties.

Questions as Framed for the Court by the Parties

  1. Whether the Constitution’s structural limits on federal authority impose any constraints on the scope of Congress’ authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied, goes far beyond the scope of the treaty, intrudes on traditional state prerogatives, and is concededly unnecessary to satisfy the government’s treaty obligations; and
  2. whether the provisions of the Chemical Weapons Convention Implementation Act, 18 U.S.C. § 229, can be interpreted not to reach ordinary poisoning cases, which have been adequately handled by state and local authorities since the Framing, in order to avoid the difficult constitutional questions involving the scope of and continuing vitality of this Court’s decision in Missouri v. Holland, 252 U.S. 416 (1920).

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Facts

In 2006, Carol Anne Bond discovered that her friend, Myrlinda Haynes, was pregnant from an affair with Bond’s husband. See United States v. Bond, 681 F.3d 149, 151 (3d Cir.

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Bowe v. United States

Issues

Does 28 U.S.C. § 2255 incorporate the bar on second or successive applications in 28 U.S.C. § 2244(b)(1), thereby preventing federal prisoners from filing repeat motions to vacate? When a court of appeals denies authorization for a successive § 2255 motion, does 28 U.S.C. § 2244(b)(3)(E) bar Supreme Court review, making the courts of appeals the court of last resort for such prisoners?

 

This case asks the Supreme Court to decide two questions about the interpretation of the Antiterrorism and Effective Death Penalty Act (“AEDPA”). First, does 28 U.S.C. § 2255 incorporate 28 U.S.C. § 2244(b)(1)’s restrictions on second or successive motions to federal prisoners? Second, are the courts of appeals the final forum for federal prisoners seeking authorization to file such motions under 28 U.S.C. § 2244(b)(3)(e), or can the Supreme Court review these gatekeeping decisions? The Petitioner, Michael Bowe, argues that extending both the restrictions on second or successive motions and the bar on Supreme Court review to federal prisoners goes against congressional intent and creates an unnecessary roadblock to federal prisoner’s claims to be fairly adjudicated by the courts. Kasdin Mitchell, whom the Supreme Court appointed to defend the judgment below because the United States declined to do so, argues that allowing for second or successive motions will burden the courts with unnecessarily and largely erroneous filings. For its part, the United States argues that the bar on Supreme Court review in 28 U.S.C. § 2244(b)(3)(e) should extend to federal prisoners because they have other avenues, beyond AEDPA, to appeal their convictions. The Supreme Court’s decision in this case will impact the fairness of habeas procedures and judicial economy.

Questions as Framed for the Court by the Parties

(1) Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255; and (2) whether § 2244 (b)(3)(E) deprives this court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under § 2255.

Habeas corpus proceedings allow prisoners to challenge the legality of their detention, but habeas procedures differ for state and federal prisoners. Specifically, 28 U.S.C.

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CompuCredit Corp. v. Greenwood

Issues

Does the plain language of the CROA create a non-waivable right to sue, thereby  voiding  a consumer contract’s binding arbitration agreement?

 

Respondents Wanda Greenwood, Ladelle Hatfield, and Deborah McCleese each applied for an Aspire Visa credit card that petitioner CompuCredit Corporation marketed. Petitioner Synovus Bank issued the Aspire Visas after each respondent signed an agreement containing a binding arbitration provision. When respondents were charged card-related fees, they filed a class-action lawsuit on behalf of themselves and others similarly situated alleging that petitioners engaged in deceitful marketing in violation of the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq. (“CROA”). CompuCredit moved to compel arbitration pursuant to the pre-dispute arbitration agreement. The district court acknowledged the strong federal policy favoring arbitration, but held that the CROA created a non-waivable right for consumers to sue in court. On appeal, the Ninth Circuit upheld the decision that the arbitration agreements were unenforceable under the CROA. Petitioners argue that the contract between the parties should be honored and the binding arbitration clause enforced. Respondents contend, however, that Congress intended to preserve the right to bring a claim in court when it enacted the CROA. The Supreme Court’s decision will consider the balance between consumers’ right to contract and providing adequate protections for vulnerable consumers. This decision will affect the enforceability of consumer contracts’ pre-dispute arbitration agreements and the extent to which arbitration may act as an acceptable substitute for an individual’s access to court.

Questions as Framed for the Court by the Parties

Whether claims arising under the CROA are subject to arbitration pursuant to a valid arbitration agreement.

CompuCredit Corporation considered a credit repair organization for purposes of this case, marketed a subprime credit card called Aspire Visa to consumers with impaired credit records. See Greenwood v. CompuCredit Corp., 615 F.3d 1204, 1205 (9th Cir. 2010). As the card’s exclusive marketer and advertiser, CompuCredit Corp.

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Acknowledgments

The authors would like to thank former Supreme Court Reporter of Decisions Frank Wagner for his assistance in editing this preview.

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Cox Communications v. Sony Music Entertainment

Issues

Can a service provider be held liable for materially contributing to copyright infringement if it has mere knowledge of another’s direct infringement, and does that mere knowledge suffice to find willfulness under 17 U.S.C. § 504(c)? 

This case asks whether a service provider can be held liable for materially contributing to copyright infringement if it has mere knowledge of another’s direct infringement, and whether such knowledge alone makes infringement willful under 17 U.S.C. § 504(c). Cox contends that providing technology at arm’s length is not a material contribution and that its response to customer infringement was not willful unless it knew its own conduct was infringing. Sony argues that supplying a product to known infringers qualifies as a material contribution and that awareness of facilitating illegal activity meets the willfulness standard of § 504(c). The outcome of this case has implications for consumer fairness and innovation incentives. 

Questions as Framed for the Court by the Parties

(1) Whether the U.S. Court of Appeals for the 4th Circuit erred in holding that a service provider can be held liable for "materially contributing" to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it; and (2) whether the 4th Circuit erred in holding that mere knowledge of another's direct infringement suffices to find willfulness under 17 U.S.C. § 504(c).

Copyright owners, under the Copyright Act, have the exclusive right to reproduce, distribute, perform, display, or prepare derivative works based upon their copyrighted works. Sony Music Entertainment v.

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Duguid v. Facebook, Inc.

Issues

Does the Telephone Consumer Protection Act of 1991 prohibit the use of a system that stores phone numbers and dials them automatically?

This case asks the Supreme Court to interpret the definition of an automated telephone dialing system (“ATDS”) as set forth under the Telephone Consumer Protection Act of 1991 (“TCPA”). The statute defines an ATDS as equipment that “has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” Employing a grammatical analysis, Respondent Facebook contends that a system is an ATDS only when it can automatically call phone numbers that were produced or stored using a random number generator. Also using a grammatical analysis, Petitioner Noah Duguid counters that an ATDS encompasses a system that can store and automatically call phone numbers, irrespective of whether the system uses a random number generator. The outcome of this case has significant implications in determining the type of devices and systems that could qualify as an ATDS and what callers could be subject to the $1,500-per-call statutory liability under the TCPA. 

Questions as Framed for the Court by the Parties

Whether the definition of an "automatic telephone dialing system" in the Telephone Consumer Protection Act of 1991 encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”

Responding to the rise of unsolicited and intrusive robocalls, Congress passed the Telephone Consumer Protection Act of 1991 (“TCPA”). Duguid v. Facebook, Inc., (9th Cir.

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Encino Motorcars, LLC v. Navarro

Issues

Are service advisors at car dealerships exempt from the Fair Labor Standard Act’s overtime-pay requirements under 29 U.S.C. § 213(b)(10)(A)?

The issue in this case involves whether the Fair Labor Standards Act’s (“FLSA”) overtime-pay exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles,” contained in 29 U.S.C. § 213(b)(10)(A), also exempts service advisors. Encino Motorcars argues that the plain language and structure of § 213(b)(10)(A) unambiguously exempt service advisors from the FLSA’s overtime requirements. Navarro argues that the plain language and structure of § 213(b)(10)(A) clearly do not exempt service advisors from the FLSA’s overtime requirements and that Congress’s intent in enacting the exemption and the FLSA as a whole support this interpretation. From a policy perspective, this case is significant because a decision favoring Navarro could force dealerships across the United States to alter their payment systems for service advisors, of which there are around 100,000. Such an outcome could also expose dealerships to retroactive liability and back-pay in order to settle FLSA claims concerning overtime. 

Questions as Framed for the Court by the Parties

Whether service advisors at car dealerships are exempt under 29 U.S.C. § 213(b)(10)(A) from the Fair Labor Standards Act's overtime-pay requirements.

In 2012, a group of five individuals employed as service advisors (collectively “Navarro”) at Encino Motorcars (“Encino”) filed suit against Encino for violating the Fair Labor Standards Act (“FLSA”) by, among other things, failing to pay them overtime wages.

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FCC v. AT&T Inc.

Issues

Whether a corporation, like an individual, has “personal privacy” that could be violated by disclosure of facts obtained during a law enforcement investigation.

 

The Freedom of Information Act (“FOIA”) generally allows access to, and disclosure of, federal information and records to those who requested them, subject to some exceptions, including one for a disclosure that would constitute an invasion of “personal privacy.” Following a recent investigation of Respondent AT&T Inc. (“AT&T”) by Petitioner the Federal Communications Commission (“FCC”), Respondent CompTel, a non-profit trade association, requested under FOIA all of the records and information pertaining to the FCC’s investigation. In allowing disclosure of some of the information, the FCC rejected AT&T’s argument that such disclosure would constitute an invasion of “personal privacy,” holding that this exception was strictly limited to individuals. AT&T appealed to the Third Circuit, which held that a corporation may have “personal privacy” interests and remanded to the FCC. AT&T argues that the term “personal privacy” applies to corporations as well as individuals, and the FCC argues that such a term is limited to individuals. The Supreme Court’s  decision in this case  will determine the amount of protection given to corporations under FOIA and will likely affect the amount of access the public has to certain private corporate information.

Questions as Framed for the Court by the Parties

Exemption 7(C) of the Freedom of Information Act, 5 U.S.C. § 552(b)(7)(C), exempts from mandatory disclosure records or information compiled for law enforcement purposes when such disclosure could reasonably be expected to constitute an unwarranted invasion of "personal privacy." The question presented is: Whether Exemption 7(C)'s protection for "personal privacy" protects the "privacy" of corporate entities.

Under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, federal agencies must disclose records to anyone who requests them, subject to certain exemptions. See AT&T v. FCC, 582 F.3d 490, 492 (3d Cir.

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Acknowledgments

The authors would like to thank former Supreme Court Reporter of Decisions Frank Wagner for his assistance in editing this preview.

Additional Resources

· Time, Adam Cohen: Why Companies Don’t Deserve Personal Privacy Rights (Dec. 15, 2010)

· Inside Counsel, Melissa Maleske: Supreme Court Will Decide if "Personal Privacy" under FOIA Applies to Corporations (Nov. 30, 2010)

· United States Department Of Justice: FOIA Request Handbook

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Gonzales v. Oregon (formerly Oregon v. Ashcroft)

Issues

Whether the Controlled Substance Act authorizes the Attorney General to decide that physician-assisted suicide does not serve a "legitimate medical purpose," thereby nullifying an Oregon statute permitting this particular practice in some circumstances.

 

Congress enacted the Controlled Substance Act ("CSA") in 1970 as part of a comprehensive federal scheme to regulate and control certain drugs and other substances. A 1984 Amendment to the Act authorized the Attorney General to prohibit medical practitioners' use of a controlled substance if that use was "inconsistent with the public interest." 21 U.S.C. § 824(a)(4). In 2001, Attorney General Ashcroft determined that Oregon physicians' use of a federally registered controlled substance to facilitate physician-assisted suicide was not a legitimate medical purpose, despite an Oregon statute which authorized such use. In Oregon's suit, brought to enjoin Ashcroft from giving any legal effect to his directive, the District Court ruled for Oregon and issued a permanent injunction, and the Court of Appeals for the Ninth Circuit affirmed. Oregon argues that since states traditionally regulate medical practices, Gonzales (the new Attorney General, replacing Ashcroft) must show that Congress expressly intended to authorize the Attorney General to make such a determination. Gonzales argues that the Attorney General's reasonable interpretation of a federal regulation is entitled to deference, even without a clear statement of legislative intent, and that Ashcroft's interpretation of the CSA is reasonable. In the alternative, Gonzales argues that Ashcroft's interpretation is consistent with Congress's intent in passing the CSA and the 1984 Amendment. This case will decide the fate the Oregon statute by either expanding or limiting the federal government's authority over traditionally state-regulated medical practices. This case also has far-reaching moral and ethical implications that go beyond the scope of states' rights.

Questions as Framed for the Court by the Parties

Whether the Attorney General has permissibly construed the Controlled Substance Act, 21 U.S.C. 801 et seq., and its implementing regulations to prohibit the distribution of federally controlled substances for the purpose of facilitating an individual's suicide, regardless of state law purporting to authorize such distribution.

In 1970, Congress passed the Controlled Substance Act ("CSA") as part of a comprehensive federal scheme to regulate and control certain drugs and other substances. Under the CSA, physicians who prescribe controlled substances are considered "practitioners" who "dispense" controlled substances. 21 U.S.C. § 802(10) and (21). In order to obtain authorization to dispense such controlled substances, practitioners must register with the Attorney General and obtain a Drug Enforcement Agency ("DEA") certificate of registration.

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