STATEMENT SHOWING THE NUMBER OF CASES FILED, DISPOSED OF AND REMAINING ON DOCKETS AT CONCLUSION OF OCTOBER TERMS, 2002, 2003, AND 2004

Number disposed of by full opinions.

Number disposed of by per curiam opinions.

Number set for reargument

Cases granted review this term

Cases reviewed and decided without oral argument.

Total cases to be available for argument at outset of following term.

*91

87

79 *89

8885

* Includes 02-1674, 02-1675, 02-1676, 02-1702, 02-1727, 02-1733, 02-1734, 02-1740, 02-1747, 02-1753, 02-1755, 02-1756 argued September 8, 2003. JUNE 28, 2005

INDEX

ABUSE OF DISCRETION. See Courts of Appeals.

ADMINISTRATIVE PROCEDURE ACT. See Communications Act
of 1934.

AGGRAVATION EVIDENCE. See Constitutional Law, VII.

ALASKA. See Federal-State Relations.

ALEXANDER ARCHIPELAGO. See Federal-State Relations.

AMERICANS WITH DISABILITIES ACT OF 1990.

Title III-Foreign-flag cruise ships.-Fifth Circuit's decision holding
Title III inapplicable to foreign-flag cruise ships in U. S. waters is re-
versed, and case is remanded. Spector v. Norwegian Cruise Line Ltd.,
p. 119.

AMOUNT-IN-CONTROVERSY REQUIREMENT. See Jurisdiction, 1.
ANNUAL TRUCKING FEES. See Constitutional Law, II.

ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF
1996. See Habeas Corpus, 2, 3.

APPOINTED APPELLATE COUNSEL. See Constitutional Law, III,
1; V, 1.

ARTICLE III. See Jurisdiction, 1.

ASSISTANCE OF COUNSEL. See Constitutional Law, V, 1; VII.

BATSON CLAIM. See Constitutional Law, V, 2, 3.

BREACH OF CONTRACT. See Immunity from Suit.

BROADBAND CABLE MODEM COMPANIES. See Communications

Act of 1934.

BUREAU OF RECLAMATION. See Immunity from Suit.

CABLE MODEM COMPANIES. See Communications Act of 1934.

CALIFORNIA. See Constitutional Law, I; V, 3.

INDEX

ABUSE OF DISCRETION. See Courts of Appeals.

ADMINISTRATIVE PROCEDURE ACT. See Communications Act
of 1934.

AGGRAVATION EVIDENCE. See Constitutional Law, VII.

ALASKA. See Federal-State Relations.

ALEXANDER ARCHIPELAGO. See Federal-State Relations.

AMERICANS WITH DISABILITIES ACT OF 1990.

Title III-Foreign-flag cruise ships.-Fifth Circuit's decision holding
Title III inapplicable to foreign-flag cruise ships in U. S. waters is re-
versed, and case is remanded. Spector v. Norwegian Cruise Line Ltd.,
p. 119.

AMOUNT-IN-CONTROVERSY REQUIREMENT. See Jurisdiction, 1.
ANNUAL TRUCKING FEES. See Constitutional Law, II.

ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF
1996. See Habeas Corpus, 2, 3.

APPOINTED APPELLATE COUNSEL. See Constitutional Law, III,
1; V, 1.

ARTICLE III. See Jurisdiction, 1.

ASSISTANCE OF COUNSEL. See Constitutional Law, V, 1; VII.

BATSON CLAIM. See Constitutional Law, V, 2, 3.

BREACH OF CONTRACT. See Immunity from Suit.

BROADBAND CABLE MODEM COMPANIES. See Communications

Act of 1934.

BUREAU OF RECLAMATION. See Immunity from Suit.

CABLE MODEM COMPANIES. See Communications Act of 1934.
CALIFORNIA. See Constitutional Law, I; V, 3.

CAPITAL MURDER. See Constitutional Law, VII; Habeas Cor-
pus, 1.

CAPITOL GROUNDS TEN COMMANDMENTS DISPLAY. See Con-
stitutional Law, VI, 2.

CASE OR CONTROVERSY. See Jurisdiction, 1.

CERTIORARI. See Courts of Appeals.

COMMERCE CLAUSE. See Constitutional Law, I; II.

COMMON-CARRIER REGULATION. See Communications Act of
1934.

COMMUNICATIONS ACT OF 1934.

Common-carrier regulation-Coverage of broadband cable modem
companies.-Federal Communications Commission's conclusion that
broadband cable modem companies are exempt from mandatory common-
carrier regulation is a lawful construction of Act under Chevron U. S. A.
Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, and Admin-
istrative Procedure Act. National Cable & Telecommunications Assn. v.
Brand X Internet Services, p. 967.

COMPASSIONATE USE ACT. See Constitutional Law, I.

CONDEMNATION. See Constitutional Law, IV.

CONSTITUTIONAL LAW.

I. Commerce Clause.

California law-Medical marijuana.-Congress' Commerce Clause
power includes power to prohibit local cultivation and use of marijuana for
medicinal purposes as permitted by California's Compassionate Use Act.
Gonzales v. Raich, p. 1.

II. Discrimination Against Interstate Commerce.

1. Trucks engaged in interstate hauling-Pre-emption of state fee.-
Title 49 U. S. C. § 14504 does not pre-empt an annual $100 fee Michigan
imposes on each Michigan license-plated truck operating entirely in inter-
state commerce. Mid-Con Freight Systems, Inc. v. Michigan Pub. Serv.
Comm'n, p. 440.

2. Trucks engaged in interstate hauling-State fee.-Michigan's flat an-
nual fee on trucks engaged in intrastate commercial hauling does not vio-
late dormant Commerce Clause when applied to trucks engaging in both
interstate and intrastate hauling. American Trucking Assns., Inc. v.
Michigan Pub. Serv. Comm'n, p. 429.

CONSTITUTIONAL LAW-Continued.

secular purpose for their displays' final versions should take account of
displays' evolution and development. McCreary County v. American
Civil Liberties Union of Ky., p. 844.

2. Ten Commandments-Display on state capitol grounds.-Fifth Cir-
cuit's decision that Establishment Clause allows display of a monument
inscribed with Ten Commandments on Texas State Capitol grounds is af-
firmed. Van Orden v. Perry, p. 677.

VII. Right to Counsel.

Effective assistance-Evaluating mitigation and aggravation evi-
dence. Even when a capital defendant and his family have suggested that
no mitigating evidence is available, his lawyer is bound to make reasonable
efforts to obtain and review material that counsel knows prosecution will
probably rely on as aggravation evidence at trial's sentencing phase.
Rompilla v. Beard, p. 374.

COPYRIGHTS.

Infringement-Distributor's liability for third-party use.-Distributor
who dispenses a device with object of promoting its use to infringe copy-
right, as shown by clear expression or other affirmative steps taken to
foster infringement, going beyond mere distribution with knowledge of
third-party action, is liable for resulting acts of infringement by third par-
ties using device, regardless of device's lawful uses. Metro-Goldwyn-
Mayer Studios Inc. v. Grokster, Ltd., p. 913.

COURTHOUSE TEN COMMANDMENTS DISPLAY. See Constitu-
tional Law, VI, 1.

COURTS OF APPEALS.

Stay of mandate-Abuse of discretion.-Assuming that Federal Rule
of Appellate Procedure 41 authorizes a court of appeals to stay a mandate
following a denial of certiorari and that a court may stay its mandate
without entering an order, Sixth Circuit's decision to do so here was an
abuse of discretion. Bell v. Thompson, p. 794.

CRIMINAL LAW. See Constitutional Law, VII.

CRUISE SHIPS. See Americans with Disabilities Act of 1990.

DEATH SENTENCE. See Constitutional Law, VII; Habeas Cor-
pus, 1.

DISCRIMINATION AGAINST INTERSTATE COMMERCE. See Con-
stitutional Law, II.

DISCRIMINATION BASED ON DISABILITY. See Americans with
Disabilities Act of 1990.