Today at the Court
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court today. If any orders are issued in pending cases, we will post them promptly.
April 2009 Archive
Showing 1–50 of 109 items published in April 2009, most recent first.
Argument Recap: Cuomo v. The Clearing House Ass’n
Stanford student David Schwartz summarizes Tuesday’s argument in Cuomo v. The Clearing House Association. Note: David was on the Stanford team that along with Howe & Russell filed an amicus brief in this case on behalf of Lawyers’ Committee for Civil Rights Under Law et al.
Opinion Recap: Kansas v. Ventris
Stanford student Scott Noveck summarizes the opinion in Kansas v. Ventris. Briefs in the case are available here, on SCOTUSwiki.
Argument Recap: Forest Grove School District v. TA
Stanford student Tiffany Cartwright summarizes Tuesday’s oral argument in Forest Grove v. TA.
New StatPack Available
A new StatPack analyzing the opinions released through the April sitting is available for download here. This includes: Opinion Authors by Sitting Circuit Scorecard Decisions by Final Vote Frequency in the Majority Justice Agreement Justice Agreement for Non-unanimous Cases The chart of Questions Presented has been updated to include the most recent opinions, available here.
Today at the Court
Today is the final day of oral argument of the 2008 Term. At 10 a.m., the Court may release the opinion in one or more pending cases. Following the release of any opinions, the Court will hear argument in Northwest Austin Municipal Utility District Number One v. Eric Holder, Jr, Attorney General, et al.
Streaming Audio of Northwest Austin Municipal Utility District Number One v. Holder
Audio for today’s argument in Northwest Austin Municipal Utility District Number One v. Eric Holder, Jr, Attorney General, et al. (08-322) will stream at approximately 11:30 a.m. at C-SPAN.
Sec. 5: Searching for a way out
Analysis With Justice Anthony M. Kennedy voicing concern over Congress intruding on the sovereignty of some states but not others, the Supreme Court on Wednesday looked for ways to put some check on federal management of state and local elections systems even when that power is used to assure minorities’ voting rights.
Today’s Transcripts
The transcript of oral argument in Northwest Austin Municipal Utility District Number One v. Eric Holder, Jr, Attorney General, et al. (08-322) is available here.
Today at the Court
At 10 a.m., the Court may release the opinion in one or more pending cases. Following the release of any opinions, the Court will hear argument in Forest Grove School District v. T. A. (08-305), on the right to private school tuition reimbursement for a disabled student who received no prior public benefits.
Reminder: Webcast and CLE on 14 Penn Plaza
Today at 12:30 p.m., Akin Gump will co-host a webcast with West Legalworks on “Labor and Employment after 14 Penn Plaza LLC v. Pyett.” A program summary and registration link is available here.
Argument Preview: Cuomo v. The Clearing House Ass’n
Stanford student David Schwartz previews today’s 11 a.m. argument in Cuomo v. The Clearing House Ass’n. Briefs for this case are at its SCOTUSWiki page here.
Temporary win for “dirty words” ban
UPDATED 11:09 a.m. Splitting 5-4, the Supreme Court on Tuesday upheld the government’s power under existing law to ban the use on radio and TV of even a single four-letter word that is considered indecent — but left open the question of whether the ban might violate the First Amendment, at least in some situations.
New Filings in IMS Health v. Ayotte
We previously filed a petition in IMS Health v. Ayotte, available here. Yesterday, amicus briefs were filed in support of the petition. We are anticipating 12 briefs. We will post them as they become available. Brief amicus curiae of Washington Legal Foundation et al.
Analysis: What’s next on “indecent” broadcasts?
Analysis Within a matter of days, the Supreme Court is expected to take the next step toward fully clarifying the government’s power to control “indecency” on radio and television — moving from words to images, and, specifically, from four-letter swear words to a “wardrobe malfunction” that briefly exposed a female performer’s breast.
Argument Recap: Nijhawan v. Holder
Stanford student Brian Goldman summarizes Monday’s argument in Nijhawan v. Holder. At Monday’s oral argument in Nijhawan v. Holder, the Supreme Court struggled to square the text of an immigration statute permitting deportation for prior “aggravated felony” convictions with the practical consequences that a plain-text reading would have on the government’s ability to deport aliens with criminal histories.
Today’s Transcripts
The transcript of oral argument in Forest Grove School District v. T. A. (08-305) is available here. The transcript of oral argument in Cuomo v. The Clearing House Ass’n, L.L.C. (08-453) is available here.
“State secrets” doctrine narrowed
Deepening a split among lower courts, and thus adding to chances the Supreme Court will be drawn back into the dispute, a federal appeals court on Tuesday narrowed significantly the government’s power to block lawsuits altogether by claiming the need to protect “state secrets.” It did so by
Argument Recap: Bobby v. Bies
Stanford student Martine Cicconi summarizes yesterday’s argument in Bobby v. Bies. Filings in the case are available at SCOTUSWiki here. At yesterday’s oral argument in Bobby v. Bies, the Supreme Court considered the effect of collateral estoppel on a state’s capacity to contest an inmate’s mental retardation in a post-conviction Atkins hearing.
The Week Ahead
This is the final week of oral argument before the Supreme Court. On Monday, the Court will release the orders from the Justices’ private conference last Friday.
Today at the Court
At 10 a.m., the Court will release orders from the Justices’ private conference last Friday. Following the release of any orders, the Court will hear argument in Nijhawan v. Holder (08-495), on a challenge to banishment after felony conviction.
Petitions to Watch | Conference of 5.1.09
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference on May 1. As always, the list contains the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.
Argument Preview: Bobby v. Bies
Stanford student Martine Cicconi previews today’s argument in Bobby v. Bies. Filings in the case are available at SCOTUSWiki here. Oral Argument Preview In Atkins v. Virginia (2002), the Supreme Court held that the execution of mentally retarded individuals violates the Eighth Amendment.
Today’s Orders
The Court has granted certiorari in three cases: Schwab v. Reilly (08-538) [limited to questions one and two], NRG Power Marketing, LLC, et al. v. Maine Public Utilities Commission, et al (08-674), and Kucana v. Holder (08-911).
Court grants 3, won’t reargue Montejo
The Supreme Court on Monday added three new cases for decision at its next Term, but refused to order a new argument this Term or next in a significant right-to-counsel case, Montejo v. Louisiana (07-1529) that tests whether the Justices will overrule Michigan v. Jackson.
Does the debtor call the shots?
The Supreme Court, taking on a new case on debtors’ rights, agreed on Monday to decide whether an individual or firm can keep away from creditors her property that turns out to be worth more than the debtor thought when trying to protect it in bankruptcy.
Grant Write-Up: Kucana v. Holder
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIA), which, among other things, made it more difficult for immigrants to seek judicial review of certain administrative immigration rulings.
Argument Preview: Forest Grove School District v. TA
Stanford student Tiffany Cartwright previews tomorrow’s argument in Forest Grove School District v. TA (08-305). At issue in Tuesday’s first case is whether parents of a student who has never previously received special education services from a school district may be eligible under the Individuals with Disabilities Education Act for reimbursement of private school tuition.
Today’s Transcripts
The transcript of oral argument in Nijhawan v. Holder (08-495) is available here. The transcript of oral argument in Bobby v. Bies (08-598) is available here.
Last argument: Major test on voting rights
A major constitutional controversy, with potentially far-reaching impact on the voting rights of minorities, reaches the Supreme Court in Northwest Austin Municipal Utility District v. Holder (08-322).
Today at the Court
The Justices are scheduled to hold a private conference this morning, any grants from which could be announced this afternoon. We will provide coverage of any developments. To view our list of petitions to watch at today’s conference, click here.
Webcast and CLE on 14 Penn Plaza
On April 28 at 12:30 p.m., Akin Gump will co-host a webcast with West Legalworks on “Labor and Employment after 14 Penn Plaza LLC v. Pyett.” The 1.5 hour webcast will discuss the Supreme Court’s recent 5-4 decision, which held that a collective bargaining agreement (CBA) provision clearly and unmistakably requiring union members to arbitrate Age Discrimination in Employment Act (ADEA) claims is enforceable.
Argument Recap: Ricci v. Destefano
Stanford student David Muraskin discusses Wednesday’s argument in Ricci. More of David’s analysis is available on SCOTUSwiki, here. On April 22, the Court heard an extended — over seventy minutes long – argument in Ricci v. Destefano.
Detainee torture case rejected anew
Avoiding a ruling on constitutional rights for Guantanamo Bay detainees, the D.C. Circuit Court on Friday once again threw out claims of torture and religious bias by four Britons no longer being held at the U.S. military prison in Cuba.
Argument Preview: Nijhawan v. Holder
Brian Goldman previews Monday’s first argument. Additional information on the case is available on SCOTUSwiki, here. Much like Flores-Figueroa v. United States (No. 08-108), argued earlier this Term, Nijhawan v. Holder (08-495) presents the Court with conflicting interpretations of a statute that sits at the intersection of federal criminal law and immigration law and policy.
Today at the Court
No oral argument is scheduled and no non-capital orders are expected to be issued from the Court.
U.S. wins — mostly — on detention power
The Supreme Court has not yet defined explicitly the president’s power to detain terrorism suspects, even after five years of deciding detention cases. A federal judge on Wednesday began a new effort to define that authority.
Implication of Ricci Argument for School Diversity Question
Yesterday’s oral argument in Ricci v. DeSteffano, transcript here, was interesting in a number of respects, many of which will be covered in a more comprehensive post by another author.
Argument Recap: Horne v. Flores
Stanford student Anthony Dick summarizes Monday’s argument in Horne v. Flores. The briefs in this case can be found at the SCOTUSWiki page here. Arguing for petitioners, Kenneth W. Starr began by asserting that the Ninth Circuit erred in upholding a 2000 federal district court order under the Equal Educational Opportunity Act (EEOA) mandating increased funding for English Language Learning (ELL) in Arizona’s schools.
Today at the Court
At 10 a.m., the Court may release the opinion in one or more pending cases. Following the release of any opinions, the Court will hear 70 minutes of argument in the consolidates cases of Ricci v. DeStefano (07-1428) and Ricci v. DeStefano (08-328), on the City of New Haven’s duty to promote white workers who scored highest on the firefighter civil service exam.
Argument Recap: Iraq v. Beaty
The Stanford clinic summarizes Monday’s argument in Republic of Iraq v. Beaty. Please note that Tom Goldstein represented the respondents. The briefs for the case can be found at the SCOTUSWiki page here.
Argument Recap: United States ex rel. Eisenstein v. City of New York
LA Akin Gump associate Scott Street summarizes yesterday’s oral argument in United States ex rel. Eisenstein v. City of New York. Scott’s preview of the case is available on SCOTUSwiki, here. Although a sizable chunk of the oral argument in United States ex rel.
Court greets Holder
In a brief ceremony Wednesday morning, the Supreme Court welcomed the new U.S. Attorney General, Eric H. Holder, Jr. But Holder quickly learned that the Court will not always rule as the Attorney General wishes.
Today’s Transcript
The transcript of oral argument in Ricci v. DeStefano is available here.
Analysis: Guns, “chukas,” and the states
Analysis “Second Amendment law,” a federal appeals court remarked earlier this week, “remains in its infancy.” But, only about a year after the Supreme Court’s landmark ruling on gun rights in District of Columbia v. Heller, the Justices could soon be faced with one of the most significant issues left undecided by Heller.
Today at the Court
At 10 a.m., the Court may release the opinion in one or more pending cases. Following the release of any opinions, the Court will hear argument in Safford Unified School District v. Redding (08-479), on the constitutionality of strip-searching a student at a public school in search of drugs.
Supreme Court’s Plenary Docket–Part One
With the Supreme Court beginning its last sitting of the Term today and the SCOTUSBlog StatPack released late last week, now is a good time to reflect on the Court’s plenary docket for the October 2008 Term.
Analysis: A fear may drive a decision
Analysis With an undercurrent of fear running across the Supreme Court bench about drug abuse among school students, and a perception that young people will try hard to avoid detection, the Justices searched anxiously on Tuesday for a way to clarify — and perhaps to enhance — public school principals’ authority to conduct personal searches of the youths in their charge.
Limits on warrantless car searches, compensation to terrorism victims, veterans benefit disputes
Dividing 5-4, the Supreme Court ruled on Tuesday that police may conduct a warrantless vehicle search incident to an arrest only if the arrestee is within reaching distance of the vehicle or the officers have reasonable belief that “evidence of the offense of arrest might be found in the vehicle.”
New Filing: Dunphy v. US
Today the Stanford Law School Supreme Court Litigation Clinic – with Jeffrey Fisher as counsel of record – is filing this cert. reply brief in Dunphy v. United States.