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Saturday, September 22, 2007

Courts - Indiana cert petitions to SCOTUS to be considered Sept. 24th

According to SCOTUS Blog, among the cert petitions more likely to be granted on Monday, Sept. 24th is the case of Gilles v. Blanchard, et al. (06-1617), a case involving religious speech on a public university campus. The university is Vincennes University. Here is a quote from the SCOTUS Blog entry:

The petition argues that the Seventh Circuit’s decision stands in contrast to rulings in the Fifth, Eighth, Ninth, Tenth, and D.C. Circuits on whether open, park-like areas on public university campuses are public forums. The petitioners also allege a split “over the unbridled discretion doctrine and its application within nonpublic forums,” with the Federal, First, and Seventh Circuits disagreeing with the Fourth, Eighth, Tenth, and Eleventh Circuits.

For its part, the university disputes Gilles’ characterization of the lawn as a public area. Its brief in opposition says the lawn is not adjacent to any public street or sidewalk, and that all previous speakers on the lawn spoke at the invitation of a member of the university. The university downplays the former split by arguing that “no circuit has held that an open area of a campus distinguishable from a city sidewalk is a traditional public forum,” and spends just a paragraph diminishing the latter split.

Here is the 7th Circuit opinion. SCOTUS Blog lists this case as among those that "have a reasonable chance of being granted at the Sept. 24th conference in this table.

Other Indiana cases that the ILB believes to be on the cert list for Monday is the 'Honk for peace" case out of Bloomington, Mayer, Deborah v. Monroe County, see ILB entries here, 7th Circuit opinion here.

The Indiana voter ID case, Crawford v. Marion County Election Board, also is on the Sept. 24th list. Start with this ILB entry for background.

Neither of these two cases, however, has been included in the SCOTUS Blog "most likely to be granted" list.

Posted by Marcia Oddi on September 22, 2007 12:14 PM
Posted to Courts in general