Today the Supreme Court is scheduled to hear oral arguments in the case of Gross v. FBL Financial Services, which considers whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive jury instruction in a non-Title VII case.
But first, look for the justices to release one or more opinions this morning. Among the dozens of cases still yet to be decided this term are:
Arizona v. Gant, which considers whether the Fourth Amendment requires law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence to justify a warrantless car search after the occupants secured;
Melendez-Diaz v. Massachusetts, which asks whether a state forensic analyst’s laboratory report prepared for use in a criminal trial is “testimonial” and subject to limits under the Confrontation Clause; and
Philip Morris v. Williams, involving the $79.5 million punitive damages verdict that has bee remanded back to Oregon state courts several times.
Stay tuned for updates.