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Today at SCOTUS – 11/5/2013

Today, the Supreme Court hears arguments about (1)   (2) the intersection of Congress’ treaty power and federal criminal law; and (3) federal questions in state administrative procedures:

(1)  Medtronic, Inc. v. Boston Scientific Corp. [see our preview at]

  • Does the burden of proving patent infringement in a declaratory judgment action fall upon the licensee or licensor?

(2)  Bond v. United States [see our preview at]

  • Do the Commerce and Necessary and Proper Clauses, read in connection with the treaty power, allow a statute that was enacted by Congress to enforce a treaty to serve as a valid basis for prosecuting a criminal defendant in Federal District Court?

(3)  Sprint Communications Co. v. Jacobs [see our preview at]

  • Should federal courts abstain from remedial actions—state administrative proceedings initiated by a private party—involving a federal question?