(ORDER LIST: 531 U.S.)
MONDAY, JANUARY 22, 2001
The motion of petitioner for leave to proceed informa pauperis and the petition for a writ of certiorariare granted. The judgment is vacated and the case isremanded to the United States Court of Appeals for theFifth Circuit for further consideration in light ofApprendi v. New Jersey, 530 U.S. 466 (2000).
The motion to direct the Clerk to file a petitionfor a writ of certiorari out-of-time is denied.105, ORIG.
KANSAS V. COLORADO
The motion of Colorado for leave to file a reply tothe brief of the United States is granted, and the partiesare allowed to and including February 2, 2001, within whichto file replies. The Exceptions to the Report of theSpecial Master are set for oral argument in due course.
99-1815 NLRB V. KY RIVER COMMUN. CARE, INC.
The motion of Service Employees InternationalUnion, et al., for leave to file a brief as amici curiaeis granted. The motion of American Nurses Associationfor leave to file a brief as amicus curiae is granted.
99-1848 BUCKHANNON BOARD & CARE HOME V. WV DEPT. HEALTH & HUMAN
99-2047 PALAZZOLO, ANTHONY V. RHODE ISLAND, ET AL.
00-152 LUJAN, CA LABOR COMM'R V. G & G FIRE SPRINKLERS, INC.
The motions of the Solicitor General for leave toparticipate in oral argument as amicus curiae and fordivided argument are granted.
99-1884 LACKAWANNA CTY. D. A., ET AL V. COSS, EDWARD R.
The motion of Colorado for leave to participate inoral argument as amicus curiae and for divided argumentis granted.
99-1977 SAUCIER, DONALD V. KATZ, ELLIOT, ET AL.
The motion of Criminal Justice Legal Foundationfor leave to file a brief as amicus curiae is granted.
99-7791 ) ZADVYDAS, KESTUTIS V. UNDERDOWN, LYNNE, ET AL.
00-38 ) RENO, ATTY. GEN., ET AL. V. MA, KIM H.
The motion of respondent Ma and petitionerZadvydas for additional time for oral argumentand for divided argument is granted.
00-6374 BECKER, DALE G. V. MONTGOMERY, ATTY. GEN. OF OH
The motion for appointment of counsel is grantedand it is ordered that Jeffrey S. Sutton, Esquire, ofColumbus, Ohio, is appointed to serve as counsel for thepetitioner in this case.
The petition for a writ of certiorari is granted.
99-1786 GREAT-WEST LIFE INS., ET AL. V. KNUDSON, JANETTE, ET VIR
The motion of Central States, Southeast and SouthwestAreas Health and Welfare Fund for leave to file a brief asamicus curiae is granted. The motion of Self-InsuranceInstitute of America, Inc., for leave to file a brief asamicus curiae is granted. The petition for a writ ofcertiorari is granted limited to Question 1 presentedby the petition.
00-507 CHICKASAW NATION V. UNITED STATES
The motion of Shakopee Mdewakanton Sioux (Dakota)Community, et al., for leave to file a brief as amicicuriae is granted. The petition for a writ of certiorariis granted.
00-511 ) VERIZON COMMUNICATIONS V. FCC, ET AL.
00-555 ) WorldCOM, INC., ET AL. V. VERIZON COMMUNICATIONS
00-587 ) FCC, ET AL. V. IOWA UTILITIES BD., ET AL.
00-590 ) AT&T CORP. V. IOWA UTILITIES BD., ET AL.
00-602 ) GEN. COMMUNICATIONS, INC. V. IOWA UTILITIES BD., ET AL.
The petitions for writs of certiorari are grantedlimited to the following questions: 1) Whether the courtof appeals erred in holding that 47 U.S.C. Sec.252(d)(1) (Telecommunications Act of 1996) foreclosesthe cost methodology adopted by the FCC, which is basedon the efficient replacement cost of existingtechnology, for determining the interconnection ratesthat new entrants into local telecommunications marketsmust pay incumbent local telephone companies. 2) Whetherthe court of appeals erred in holding that neither theTakings Clause nor the Telecommunications Act of 1996requires incorporation of an incumbent local exchangecarrier's "historical" costs into the rates that itmay charge new entrants for access to its networkelements. 3) Whether 47 U.S.C. Sec. 251(c)(3) prohibitsregulators from requiring that incumbent localtelephone companies combine certain previouslyuncombined network elements when a new entrant requeststhe combination and agrees to compensate the incumbentfor performing that task. The cases are consolidated anda total of one hour is allotted for oral argument. JusticeO'Connor took no part in the consideration or decision ofthese petitions.
00-832 ) NATL. CABLE TV ASSN., INC. V. GULF POWER CO., ET AL.
00-843 ) FCC, ET AL. V. GULF POWER CO., ET AL.
The motion of AT&T Wireless Services, Inc., et al.,for leave to file a brief as amici curiae is granted.The petitions for writs of certiorari are grantedlimited to the following questions: 1) Whether thoseprovisions of the Pole Attachments Act apply toattachments by cable television systems that aresimultaneously used to provide high-speed Internetaccess and conventional cable television programming.2) Whether those provisions of the Pole AttachmentsAct apply to attachments by providers of wirelesstelecommunications services no less than to attachmentsby providers of wireline telecommunications services.The cases are consolidated and a total of one hour isallotted for oral argument. Justice O'Connor took no partin the consideration or decision of this motion and thesepetitions.
The petitions for writs of certiorari are denied.
00-606 SUMMIT PROPERTIES, ET AL. V. HOECHST-CELANESE, ET AL.
00-653 ) PUBL. SVC. COMMN. WI, ET AL. V. WISCONSIN BELL, INC., ET AL.
00-744 ) IL COMMERCE COMM'N, ET AL. V. MCI TELECOMMUNICATIONS CORP.
00-842 BRADNEY, JACKIE L., ET AL. V. E.I. DUPONT DE NEMOURS
The petitions for writs of certiorari are denied.Justice O'Connor took no part in the consideration ordecision of these petitions.
00-819 CORP. COUNSEL OF NYC V. ERIK M.
The motion of respondent for leave to proceed informa pauperis is granted. The petition for a writ ofcertiorari is denied.
00-874 MATTHEWS, MICHAEL S. V. HOWARD CTY., MD, ET AL.
The motion of Center for Equal Opportunity, et al.for leave to file a brief as amici curiae is granted.The petition for a writ of certiorari is denied.
00-880 BARNES, VERNICESA F. V. McDONALD'S CORP.
The petition for a writ of certiorari is denied.Justice Breyer took no part in the consideration ordecision of this petition.
00-7146 LAU, GILBERT V. MEDDAUGH, MARK M., ET AL.
The petition for a writ of certiorari beforejudgment is denied.
00-7160 ATRAQCHI, MICHAEL R., ET UX. V. WILLIAMS, MAYOR OF DC, ET AL
The motion of petitioners for leave to proceed informa pauperis is denied, and the petition for a writ ofcertiorari is dismissed. See Rule 39.8. As thepetitioners have repeatedly abused this Court's process,the Clerk is directed not to accept any furtherpetitions in noncriminal matters from petitioners unlessthe docketing fee required by Rule 38(a) is paid and thepetition is submitted in compliance with Rule 33.1. SeeMartin v. District of Columbia Court of Appeals , 506U.S. 1 (1992) ( per curiam). Justice Stevens dissents.See id., at 4, and cases cited therein.
The petition for a common law writ of certiorariis denied.
The petitions for writs of habeas corpus aredenied.
The petitions for writs of mandamus are denied.
00-7137 IN RE SAMMY L. PAGE
The petition for writ of mandamus and/orprohibition is denied.
The petitions for rehearing are denied.
00-5458 CLARKE, KEITHROY N. V. UNITED STATES
The motion for leave to file a petition forrehearing is denied.
James R. Gailey, of Miami, Florida, having beensuspended from the practice of law in this Court byorder of November 27, 2000; and a rule having beenissued and served upon him requiring him to show causewhy he should not be disbarred; and the time to file aresponse having expired;It is ordered that James R. Gailey is disbarredfrom the practice of law in this Court.
D-2214 IN THE MATTER OF DISBARMENT OF THOMAS R. HENDERSHOT
Thomas R. Hendershot, of Greenbelt, Maryland,having been suspended from the practice of law in thisCourt by order of November 27, 2000; and a rule havingbeen issued and served upon him requiring him to showcause why he should not be disbarred; and the time tofile a response having expired;It is ordered that Thomas R. Hendershot isdisbarred from the practice of law in this Court.
D-2232 IN THE MATTER OF DISBARMENT OF DAVID MICHAEL ADAMS
David Michael Adams, of Charleston, South Carolina,is suspended from the practice of law in this Court anda rule will issue, returnable within 40 days, requiringhim to show cause why he should not be disbarred fromthe practice of law in this Court.
D-2233 IN THE MATTER OF DISBARMENT OF STEWART IRWIN MANDEL
Stewart Irwin Mandel, of University Heights, Ohio,is suspended from the practice of law in this Court anda rule will issue, returnable within 40 days, requiringhim to show cause why he should not be disbarred fromthe practice of law in this Court.
D-2234 IN THE MATTER OF DISBARMENT OF FRANK EDWARD LITTLE
Frank Edward Little, of Mercer, Pennsylvania, issuspended from the practice of law in this Court and arule will issue, returnable within 40 days, requiringhim to show cause why he should not be disbarred fromthe practice of law in this Court.