Supreme Court Orders

(ORDER LIST: 532 U.S.)

MONDAY, MARCH 5, 2001

CERTIORARI -- SUMMARY DISPOSITION

The Court affirmed in part and reversed in partthe judgment below in Whitman v. American TruckingAssns., Inc., 531 U.S. ____ (2001). Therefore, thepetitions for writs of certiorari are granted andthe cases are remanded to the United States Courtof Appeals for the District of Columbia Circuit forfurther proceedings.

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 theNinth Circuit for further consideration in light ofApprendi v. New Jersey, 530 U.S. 466 (2000).

ORDERS IN PENDING CASES

The motion to direct the Clerk to file a petitionfor a writ of certiorari out-of-time is denied.00M71 MELKA MARINE, INC. V. UNITED STATESThe motion to direct the Clerk to file a petitionfor a writ of certiorari is denied.

The motion of the Acting Solicitor General fordivided argument is granted.

The amended complaint and answer are referred tothe Special Master.

The motion of the Acting Solicitor General forleave to participate in oral argument as amicus curiaeand for divided argument is granted.

00-1073 OWASSO INDEP. SCH. DIST. V. FALVO, KRISTJA, ETC., ET AL.

The Solicitor General is invited to file briefs inthese cases expressing the views of the United States.

CERTIORARI GRANTED

The petitions for writs of certiorari are granted.

The motion of respondent for leave to proceed informa pauperis is granted. The petition for a writ ofcertiorari is granted.

The petition for a writ of certiorari is grantedlimited to the following questions:

1. Whether a state commissionŐs action relating to theenforcement of a previously approved section 252interconnection agreement is a Ňdetermination under[section 252]Ó and thus is reviewable in federal courtunder 47 U.S.C. ¤252(e)(6).

2. Whether a state commissionŐs acceptance of CongressŐinvitation to participate in implementing a federalregulatory scheme that provides that state commissiondeterminations are reviewable in federal court constitutesa waiver of Eleventh Amendment immunity.

3. Whether an official capacity action seeking prospectiverelief against state public utility commissioners foralleged ongoing violations of federal law in performingfederal regulatory functions under the federalTelecommuncations Act of 1996 can be maintained under theEx parte Young doctrine.

Justice O'Connor took no part in the consideration ordecision of this petition.

CERTIORARI DENIED

The petitions for writs of certiorari are denied.

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 AmericanAssociation of Health Plans, Inc., et al., for leave tofile a brief as amici curiae is granted. The motion ofERISA Industry Committee for leave to file a brief asamicus curiae is granted. The petition for a writ ofcertiorari is denied.

The motion of Council for Employment Law Equity forleave to file a brief as amicus curiae is granted. Themotion of Equal Employment Advisory Council for leave tofile a brief as amicus curiae is granted. The petitionfor a writ of certiorari is denied.

The motion of petitioner for leave to lodgedocuments under seal is granted. The petition for a writof certiorari is denied.

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.

The motion of petitioner for leave to proceed informa pauperis is denied, and the petition for a writ ofcertiorari is dismissed. See Rule 39.8. As thepetitioner has repeatedly abused this Court's process,the Clerk is directed not to accept any furtherpetitions in noncriminal matters from petitioner 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.

HABEAS CORPUS DENIED

The petitions for writs of habeas corpusis denied.

REHEARINGS DENIED

The petitions for rehearing are denied.

The motion for leave to file a petition forrehearing is denied.