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Petitions of the week – SCOTUSblog

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Posted Fri, August 17th, 2018 11:26 am by Aurora Barnes

This week we highlight cert petitions pending before the Supreme Court that address the scope of Title VII’s prohibition on discrimination “because of … sex” with regard to transgender individuals, the attachment of the Sixth Amendment right to counsel in the context of plea negotiations, and the constitutional consequences of waiving a state-law right to have a jury make an advisory sentencing recommendation in a capital case.

The petitions of the week are:

18-106

Issues: (1) Whether the Sixth Amendment right to counsel attaches when the prosecutor conducts plea negotiations before the filing of a formal charge; and (2) whether the Sixth Amendment right to counsel attaches when a federal prosecutor conducts plea negotiations before the filing of a formal charge in federal court when the defendant has already been charged with the same offense in state court.

18-107

Issues: (1) Whether the word “sex” in Title VII’s prohibition on discrimination “because of … sex,” 42 U.S.C. § 2000e-2(a)(1), meant “gender identity” and included “transgender status” when Congress enacted Title VII in 1964; and (2) whether Price Waterhouse v. Hopkins prohibits employers from applying sex-specific policies according to their employees’ sex rather than their gender identity.

18-113

Issue: Whether waiving a state-law right to have a jury make an advisory sentencing recommendation constitutes a knowing and intelligent waiver of the federal constitutional right to have a jury make all requisite findings for the imposition of death, particularly when the latter right did not exist at the time of the waiver.

Posted in R.G. & G.R. Harris Funeral Homes Inc. v. Equal Opportunity Employment Commission, Turner v. U.S., Rodgers v. Florida, Cases in the Pipeline

Recommended Citation:
Aurora Barnes,
Petitions of the week,
SCOTUSblog (Aug. 17, 2018, 11:26 AM),
http://www.scotusblog.com/2018/08/petitions-of-the-week-5/




 

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