Petitions to watch | Conference of May 10

In its conference of May 10, 2018, the court will consider petitions involving issues such as whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause; whether the Johnson rule made retroactive in Welch renders the residual clause of the career offender provision of the mandatory, pre-Booker Sentencing Guidelines unconstitutionally vague; and whether a railroad’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act. Air and Liquid Systems Corp. v. Devries 17-1104 Issue: Whether products-liability defendants can be held liable under maritime law for injuries caused by products that they did not make, sell or distribute. Allen v. United States 17-5684 Issues: (1) Whether the petitioner’s mandatory guidelines sentence, which was enhanced under the residual clause of U.S.S.G. § 4B1.2, is…

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