The Week Ahead
On Monday, the Court will release orders from the Justices’ private conference last Thursday. One or more opinions in pending cases may also be released. The petitioner’s brief on the merits is due Monday in Salazar v. Buono (08-472).
May 2009 Archive
Showing 1–50 of 101 items published in May 2009, most recent first.
The Politics of the Sotomayor Nomination
I have pretty much been silent on the Sotomayor nomination because Tom, Kevin, and the other members of the blog have been doing an outstanding job in providing useful information to our readership.
Judge Sotomayor and Abortion
Abortion is obviously an important issue for the Supreme Court, and each nominee’s view on the question whether and to what extent the Constitution guarantees a right to abortion is carefully scrutinized.
SCOTUSblog Twittercast
On Sunday at 10 pm EST, SCOTUSblog and the Women’s Bar Association of DC are partnering with Fem2.0 for a Twittercast entitled “Another Woman’s Voice on the Supreme Court: Is It Important?” You can join the Twittercast here.
Petitions to Watch | Conference of 6.4.09
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference on June 4. 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.
Judge Sotomayor and Race — Results from the Full Data Set
I’ve now completed the study of every one of Judge Sotomayor’s race-related cases that I mention in the post below. I’ll write more in the morning about particular cases, but here is what the data shows in sum: Other than Ricci, Judge Sotomayor has decided 96 race-related cases while on the court of appeals.
Analysis: Secrets and “need to know”
Analysis NOTE: Nearly a quarter-century ago, in Navy Department v. Egan, the Supreme Court ruled that the President has broad constitutional power — even apart from any grant of power by Congress — to decide who gets access to classified secrets.
Where Would Justice Souters Replacement Make a Difference? Part II
In a prior post, we began identifying cases in which it is possible that replacing Justice Souter with Judge Sotomayor might change the outcome. In particular, we identified cases in which Justice Souter was in the majority in a 5-4 decision, beginning with cases that did not break down along traditional liberal-conservative lines.
Today at the Court
Oral arguments have concluded for the term. No non-capital orders are expected, but if any orders are issued today in pending cases, we will post them promptly.
U.S. plans appeal on abuse photos
The Obama Administration has decided to go to the Supreme Court — if Congress does not act first — to stop public disclosure of an array of U.S. Army photos that apparently show severe abuse of terrorist detainees in Iraq and Afghanistan.
Recent Invitation Brief in Nos. 08-803/08-810/08-826
The United States recently filed its brief in No. 08-803, Alfieri v. Conkright, No. 08-810, Conkright v. Frommert, and No. 08-826, Pietrowski v. Conkright, a group of petitions arising out of a decision of the Second Circuit.
New Filings: Cuban Five Case
We previously posted our petition and the amicus briefs in the Cuban Five case. The government has now filed its brief in opposition, and on Wednesday we filed our reply brief.
Invitation Brief in No. 08-640, Federal Insurance Co. v. Kingdom of Saudi Arabia
In No. 08-640, Federal Insurance Co. v. Kingdom of Saudi Arabia, the United States has filed a brief recommending that cert. be denied.
Judge Sotomayor and Race
It is remarkable how much ink has been spilled on Sonia Sotomayor’s ethnic background rather than her legal background. From the moment the nomination was announced, talking heads have called the President’s choice one based on “pandering to Hispanics” or “checking the box” for minorities.
U.S. asks more time on abuse photos appeal
The Obama Administration asked the Supreme Court Friday to give it another 30 days to get help from Congress, or else file an appeal in the Court, to block public release of more than four dozen U.S. Army photos that are said to show abuse by U.S. soldiers of detainees in Iraq and Afghanistan.
U.S. opposes Uighurs’ plea
UPDATE 9 p.m. The Obama Administration urged the Supreme Court on Friday to turn away the plea by 17 Chinese Muslim Uighurs for release from Guantanamo Bay for settling temporarily inside the U.S. The U.S. Solicitor General’s brief in opposition in Kiyemba, et al., v. Obama, et al.
Today at the Court
The Justices are scheduled to hold a private conference this morning, orders from which are expected to be released the following Monday. If any orders are released this afternoon, we will post them promptly. To view our list of petitions to watch at today’s conference, click here.
More on Judge Sotomayor
As part of our continuing coverage of the opinions of Judge Sonia Sotomayor, this post focuses on cases in which the question before the court was (or subsequently became) the basis for a circuit split or was later overruled by either the Second Circuit or the Supreme Court.
It’s Over
Basically before it ever started, the fight over the confirmation of Sonia Sotomayor is done. She is going to be confirmed by a relatively wide margin and without a substantial, mainstream assault on her credentials or suitability for the bench.
Invitation Brief in No. 08-645, Abbott v. Abbott: Will the Supreme Court (Indirectly) Review Another Sotomayor Opinion?
Today the government is filing its brief in No. 08-645, Abbott v. Abbott, in which the Court called for the views of the Solicitor General in January.
Where Would Justice Souters Replacement Make A Difference? Part I
It has widely been assumed that Justice Souter’s retirement, and replacement by an Obama nominee, would have little effect on the outcome of cases in the Supreme Court, on the theory that Souter’s replacement will likely share his views in large part, at least in cases where the Court is closely divided.
Today at the Court
Oral arguments have concluded for the term. No non-capital orders are expected, but if any orders are issued today in pending cases, we will post them promptly.
Gay marriage: A path to the Court?
In a new move seeking to put the same-sex marriage issue on a path to the Supreme Court, two gay couples in California have launched an effort to win a right to wed under the U.S. Constitution.
Sotomayor and the Second Amendment
Supreme Court nominee Sonia Sotomayor, already facing bitter criticism from gun rights advocates for an appeals court decision she joined last January, may have to choose whether to take part when the constitutional issue at stake comes up before the Supreme Court (assuming that she is confirmed).
Today at the Court
At 10 a.m., the Court will release the orders from the Justices’ private conference last Thursday. One or more opinions in pending cases may also be released.
The Dynamic of the Nomination of Sonia Sotomayor
The White House will announce a Supreme Court nominee at 10 a.m. The Senate Judiciary Committee will likely hold hearings in the third week of July, permitting written committee questions the following week and a floor vote before Congress leaves for its summer recess on the weekend of August 8.
The President Will Nominate Sonia Sotomayor
Consistent with the post below and our recent posts, and as first publicly reported by the AP, the President intends to nominate Sonia Sotomayor to replace Justice Souter on the Supreme Court.Video coverage of the announcement can be streamed at the Washington Post’s web site here.
Today’s Orders
The Court has granted certiorari in one case today: Merck & Co., et al., v. Reynolds, et al. (08-905). Filings are below. The order list can be found here. Docket: 08-905 Title: Merck & Co., Inc., et al., Petitioners v. Richard Reynolds, et al.
Court to rule on Vioxx fraud case
UPDATED 12:05 p.m. Taking on a major securities fraud case growing out of the controversy over the pain medicine Vioxx, the Supreme Court agreed on Tuesday to clarify when an investor must go to court to make a fraud claim. The Justices granted review of Merck & Co., et al., v. Reynolds, et al.
Court overrules Michigan v. Jackson
Splitting 5-4, the Supreme Court on Tuesday overruled its 23-year-old ruling in Michigan v. Jackson on the rights of a criminal suspect in police custody who has asked for a lawyer. The Court did so in Montejo v. Louisiana (07-1529), in an opinion written by Justice Antonin Scalia.
Sotomayor’s Record: The Ricci Effect
As Tom discussed, much attention will now turn to Judge Sotomayor’s record as a judge on the Second Circuit, and in particular on the decision she joined in Ricci v. New Haven, the case involving a suit by white and Hispanic firefighters passed over for promotion when the City declined to implement the results of a promotion test upon which black firefighters performed disproportionately poorly.
Timing Sotomayor’s Senate Confirmation
As a reference for when Judge Sotomayor’s nomination hearings and Senate vote might occur, here’s a time line of the confirmation process for the four most recently appointed Supreme Court Justices.
Today at the Court
The Court is closed today in observance of Memorial Day.
The Week Ahead
The Supreme Court will be closed Monday in observance of Memorial Day. On Tuesday, the Court will release orders from the Justices’ private conference last Thursday. One or more opinions in pending cases may also be released.
Today at the Court
Oral arguments have concluded for the term. No non-capital orders are expected, but if any orders are issued today in pending cases, we will post them promptly.
Analysis: Some hope for Uighurs?
Analysis (with UPDATE at end) President Obama has indicated, for the first time, that he feels bound by federal judges’ rulings that 21 of the Guantanamo Bay detainees have a legal right to be released.
Sweeping tobacco ruling headed for Court?
In a wide-ranging ruling that bristles with issues likely to be tested in the Supreme Court, the D.C. Circuit Court on Friday ruled that the tobacco industry engaged in a half-century-long campaign to deceive Americans about the health hazards of smoking.
Petitions to Watch | Conference of 5.28.09
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference on May 28. 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.
New plea on innocence
Saying that no court has ever held a hearing on a Georgia death row inmate’s claim of innocence of a murder 20 years ago, and noting that the Supreme Court is his last hope, lawyers for Troy Anthony Davis have asked the Justices to order a full review in a lower court of the claim that someone else committed the crime and that key witnesses against Davis have recanted.
Judge Sotomayors Opinions with Dissents Part I
In our continuing examinations of the decisions of judges rumored to be under serious consideration for nomination to the Supreme Court, below are summaries of a number of Judge Sotomayors decisions that provoked dissents or concurrences from other panel members.
Today at the Court
The Justices are scheduled to hold a private conference this morning, orders from which are expected to be released the following Tuesday (the Court will be closed on Monday in observance of Memorial Day). If any orders are released this afternoon, we will post them promptly.
Recent Invitation Briefs
The Solicitor General has recently filed two invitation briefs, both recommending grants. (Folks – if you are on the receiving end of such briefs in the future, please feel free to send us electronic versions so that we can put them up without waiting for them to appear on the SG’s website.)
Senate Committee on Indian Affairs Hearing: Carcieri v. Salazar
Today, at 2:15 pm the Senate Committee on Indian Affairs will conduct a hearing in response to the recent Supreme Court decision in Carcieri v. Salazar.
U.S. opposes suit against Cheney
The Obama Administration has urged the Supreme Court not to revive a lawsuit claiming that former Vice President Cheney and other high-level Bush Administration officials illegally disclosed the identity of a secret agent in a dispute over the need for the U.S. to invade Iraq.
Judge Sotomayor’s Civil Opinions – Part IV
Following up on Kevins post yesterday, this is the fourth post summarizing Judge Sotomayors civil opinions, which continue to seem fairly consistent with the views of Justice Souter.
Today at the Court
Oral arguments have concluded for the term. No non-capital orders are expected, but if any orders are issued today in pending cases, we will post them promptly.
Another judge defines detention power
As the pace quickens among federal judges to carry out the task assigned by the Supreme Court to spell out when the President may detain terrorism suspects at Guantanamo Bay, a fourth judge on Tuesday offered a definition.
Nominee Analysis: Judge Diane Wood
Continuing our examination of the “shortlist” candidates to replace Justice David H. Souter, below is a profile of Seventh Circuit Judge Diane P. Wood and brief analysis of how her opinions have intersected with the Supreme Court’s decisions. [Embedded links direct to document files and relevant news articles.]
Today at the Court
Oral arguments have concluded for the term. No non-capital orders are expected, but if any orders are issued today in pending cases, we will post them promptly.
New Filing: Sossamon v. Texas
Yesterday Howe & Russell and Akin Gump, in conjunction with the Stanford Supreme Court Litigation Clinic, filed this cert. petition, raising a question regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA).