The Supreme Court of the United States granted review this afternoon in five cases:
Hollingsworth v. Perry, No. 12-144: Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman, and whether petitioners have standing under Article III, §2 of the Constitution in this case.
United States v. Windsor, No. 12-307: Whether Section 3 of the Defense of Marriage Act (DOMA) violates the Fifth Amendment’s guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State, whether the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case, and whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.
Oxford Health Plans LLC v. Sutter, No. 12-135: Whether an arbitrator acts within his powers under the Federal Arbitration Act by determining that parties affirmatively agreed to authorize class arbitration based solely on their use of broad contractual language precluding litigation and requiring arbitration of any dispute arising under their contract.
Federal Trade Commission v. Watson Pharmaceuticals, Inc., No. 12-416: Whether so-called “reverse-payment” agreements used in settlement of patent litigation between brand-name drug manufacturers and potential generic competitors are per se lawful (unless the underlying patent litigation was a sham or the patent was obtained by fraud) or instead are presumptively anticompetitive and unlawful.
Dan's City Used Cars, Inc. v. Pelkey, No. 12-52: Whether certain city towing laws are preempted.