The issue is similar to the question in a case argued jointly with this one last month and still awaiting decision.
One such case, a murder appeal from Mississippi, is now before the Court awaiting decision.
Some cases that were heard as long ago as January are still awaiting preliminary decisions, he said.
The case is awaiting a decision on a motion to dismiss one of its claims.
Ten cases await decision before the justices can leave for the summer.
Bey died of cancer in October 2003 at age 67 while the first case was awaiting trial.
The judge issued a temporary injunction while the case awaited trial.
The case is awaiting a ruling from the judge on a motion by the government to dismiss the case.
In April an international warrant for his arrest was issued and four other criminal cases against him still await trial.
Potentially important cases about religious practices, free speech in a commercial context, the death penalty and Federal court access for prisoners await attention.