Supreme Court Grants Cert in Six Cases
The Court will hear combined arguments by persons with joint citizenship who are being detained in Iraq by U.S. forces and claim the right to challenge their detention in U.S. courts. In Geren v. Omar, Shawqi Omar, a dual citizen of the U.S. and Jordan, was arrested in Iraq and declared by the U.S. to be an enemy combatant, but has not been charged with a crime. In Munaf v. Green, Mohammad Munaf, who has dual U.S. and Iraqi citizenship, was convicted by an Iraqi court and sentenced to death. In both cases, the plaintiffs do not wished to be turned over to the Iraqis and have filed habeas appeals.
The Court will examine whether the scope of the "reasonable accommodations" provision of the Americans with Disabilities Act, as applied through EEOC regulations, requires a corporation to assign an individual who has become disabled and cannot perform her present job to a vacant, equivalent position without having first to compete with other workers for the position.
Additionally, the Court will determine whether an offense classified as a misdemeanor but punishable by more than a year in prison qualifies as a "felony drug offense" and thus triggers a mandatory minimum sentence. (Burgess v. U.S.). It will examine whether states may adopt a higher standard for measuring competency to represent oneself at trial than for measuring competency to stand trial. (Indiana v. Edwards). The Court will evaluate a provision of bankruptcy law regarding the applicability of an exemption from state and local transfer taxes regarding the transfer of assets prior to a court approved plan. (Florida Department of Revenue v. Piccadilly Cafeterias). Finally, it will review a challenge to whether a conviction for "carrying explosives during a felony" requires the government to show a relationship between the explosives and the underlying felony. (U.S. v. Ressam).