Tracking new cases: Suing gun makers
NOTE: From time to time, the blog will examine significant new cases as they are filed at the Supreme Court. This post is one in that series.
August 2009 Archive
Everything published in August 2009, most recent first.
Argument Preview: McDaniel v. Brown
Below, Erica Goldberg previews McDaniel v. Brown, one of the three cases to be heard by the Supreme Court on Tuesday, October 13. Erica is a graduate of Stanford Law School. Check the McDaniel v. Brown (08-559) SCOTUSwiki page throughout the summer for additional updates.
UPDATE: Challenge to Chrysler deal dismissed
FINAL UPDATE Saturday a.m. The Supreme Court on Friday dismissed the petition in docket 08-1513, by agreement of the parties under the Court’s Rule 46. See the docket entries here. UPDATE Friday a.m. The company’s statement, posted on its blog, can be found here.
Delay denied on detainee transfers
Dividing 2-1, the D.C. Circuit Court on Wednesday refused to put on hold its ruling in April barring federal judges from putting any limits on the government’s decisions to transfer detainees out of Guantanamo Bay.
Tracking new cases: A test of “protectionism”
NOTE: From time to time, the blog will examine significant new cases as they are filed at the Supreme Court. This post is one in that series. Some of these cases very likely will appear later in the blog’s Petitions to Watch feature when the Court is ready to consider them. ———————————– UPDATE: The case has been docketed as 09-231.
A very modest request for time
If ten minutes of oral argument time is enough to say something meaningful to the Supreme Court, could the same be done in one minute?
Afghan detainee goes home
The Justice Department formally notified a federal judge on Monday that it has carried out the court order to return a young Afghan detainee, Mohammed Jawad, to his homeland, ending nearly a seven-year stay in U.S. military custody, most recently at Guantanamo Bay, Cuba.
Tracking new cases: Torture case returns
NOTE: From time to time, the blog will examine significant new cases as they are filed at the Supreme Court. This post is one in that series. Some of these cases very likely will appear later in the blog’s Petitions to Watch feature when the Court is ready to consider them. ———————- UPDATE: The case has been docketed as 09-227.
Difficulty in justifying detention
A federal judge’s lengthy but heavily censored opinion released on Friday demonstrated anew the difficulty that the Pentagon and U.S. intelligence agencies are having in trying to justify in court the continued holding of some of the prisoners at Guantanamo Bay, Cuba.
Second Amendment cases up early
The Supreme Court will consider two new cases on the scope of individuals’ Second Amendment right to have guns at its first Conference for the new Term, on Sept. 29, according to the Court’s electronic docket.
Setback for U.S. on detention claims
Stepping in boldly to take control of an issue that has lingered for five years in Guantanamo Bay detainee cases — a dispute that traces directly back to the Supreme Court’s first ruling five years ago on government detention power, a federal judge on Wednesday put strict new limits on the government’s use of its main pile of evidence for justifying further confinement of prisoners.
Argument Preview : Johnson v. U.S.
Below, Natasha Fedder previews Johnson v. U. S., one of the three cases to be heard by the Supreme Court on Tuesday, October 6. Natasha is a rising third year at University of Pennsylvania Law School and a summer associate at Akin Gump.
“We’re Your Government and We’re Here to Help”: Obtaining Amicus Support From the Federal Government in Supreme Court Cases
Patricia Millett recently published this article (PDF download) in the Tenth Anniversary edition of the Journal of Appellate Practice and Process (Vol. 10, No. 1; Spring 2009).
Reply briefs in Citizens United
Citizens United on Wednesday filed its reply brief in Citizens United v. FEC (08-205), on constitutional issues surrounding federal campaign finance law as it applies to business corporations. The filing is here. The Federal Election Commission’s filing is here.
Sotomayor’s first vote on death penalty
The newest Justice, Sonia Sotomayor, on Monday night cast her first vote in a death penalty case, joining three other members of the Supreme Court in dissent as the Court permitted the execution Tuesday of an Ohio inmate, Jason Getsy, 33. He was scheduled to die in Lucasville, Ohio, at 10 a.m.
Upcoming Citizens United and Term Preview Panels
Weds., Sept. 2 at 9 a.m. : The American Constitution Society will host a press briefing panel on Citizens United v. Federal Election Commission, moderated by Joan Biskupic of USA Today. Click here to register and for more information about the panelists.
Correction in Troy Davis post
Readers have pointed out that the blog’s post on the Supreme Court’s order in the Troy Davis case on Monday omitted a word, with the result changing the meaning of the Court’s instruction to a federal District Court.
Campaign finance hearing expanded
The Supreme Court agreed on Monday to expand its Sept. 9 argument on constitutional issues affecting corporations’ spending on federal election campaigns, adding 20 minutes to the schedule to allow lawyers for members of Congress to take part.
Hearing on innocence claim ordered
NOTE TO READERS: This post has been corrected, at this link.
November arguments, day by day
The Supreme Court on Monday released the schedule of oral arguments for the session that begins on Monday, Nov. 2. The Court will hear three cases a day on three of the five days in the session. The first case each day will be heard starting at 10 a.m.
U.S.: Read Munaf broadly
The Obama Administration, moving to shore up its power to shift detainees out of Guantanamo Bay, argued Monday in federal court that a year-old Supreme Court ruling means that federal courts have no power to interfere with such transfers.
Academic Round-up
Jonathan Mitchell (George Mason University School of Law) has posted “Modernization, Moderation, and Political Minorities: A Response to Professor Strauss” on SSRN, see here.
New plea to join Sept. 9 argument
The top-ranking Republican in the U.S. Senate, Sen. Mitch McConnell of Kentucky, the minority leader, has asked the Supreme Court to allow his lawyer to take part in the special session on Sept. 9 when the Court will consider basic constitutional issues about federal campaign finance law.
Another detainee appeal to Court
A group of Chinese Muslims still detained at Guantanamo Bay although cleared for release will be filing a new appeal — their second this year — to the Supreme Court to further test the power of courts to provide remedies in detainee cases.
Transparency in wartime at issue
The Obama Administration, arguing an urgent need to protect U.S. troops in Iraq and Afghanistan, has asked the Supreme Court to put a strict new limit on public disclosure of evidence — including photos — of torture or abuse of wartime captives by U.S. military personnel.
Transcript from Justice Sotomayor’s White House Reception
President Obama and Justice Sonia Sotomayor’s remarks at this morning’s East Room reception in her honor can be read on the White House web site, available here.
Analysis: New approach to “insider” gains
Analysis A major dispute over how severely to punish a corporate “insider” who makes gains from trading in the company’s stock with information other investors don’t have seemed a likely bet for Supreme Court review.
Argument Preview: U.S. v. Stevens
Below, Hanseul Kang previews U.S v. Stevens, one of the three cases to be heard by the Supreme Court on Tuesday, October 6. Hanseul is a rising third year at Harvard Law School and a summer associate at Akin Gump.
Sotomayor sworn in as Associate Justice
Chief Justice John G. Roberts, Jr., administered the Constitutional Oath to Judge Sonia Sotomayor in a private ceremony in the Justices’ Conference Room on Saturday August 8, 2009. Mrs. Celina Sotomayor, the mother of the new Associate Justice, held the family Bible during the ceremony.
Appellate Practice Coordinator/Assistant to Tom Goldstein Job Applications Closed
As indicated on the blog earlier, we accepted applications only through this morning. We appreciate the tremendous amount of interest and enthusiasm shown for the position and are reviewing applications now.
Vote on Sotomayor expected at 3 p.m. today
The Senate session and vote can be watched on CSPAN2, available on most cable systems and C-SPAN.org. Video of Senators’ floor statements from earlier this week on Judge Sonia Sotomayor’s confirmation can be streamed here.
Sotomayor to be sworn in August 8
According to the Court’s Public Information Office, Sonia Sotomayor will be sworn in as an Associate Justice on Saturday, August 8, at 11 a.m. at the Supreme Court of the United States.
Sotomayor confirmed by vote of 68-31
After two days of floor debate, the Senate voted 68-31 to confirm Second Circuit Judge Sonia Sotomayor as a Justice of the Supreme Court. Justice Sotomayor will be on the bench for the Sept. 9 reargument of Citizens United v. Federal Election Commission (08-205) and her first full term will begin Oct. 5.
Reminder: Appellate Practice Coordinator/Assistant to Tom Goldstein Job Applications Due Friday
If you are looking for substantial involvement with Supreme Court, appellate, and litigation practices, Akin Gump is currently accepting applications for the position of Appellate Practice Coordinator/ Assistant to Tom Goldstein in the Washington, DC office.
C-SPAN: Majority of Senators to vote “yes” on Sotomayor
C=SPAN reports that by its tally of public statements and direct reporting, a definite majority of Senators (52) have committed to support Judge Sonia Sotomayor’s nomination to the Supreme Court.
Sen. McCain to vote against Sotomayor
Former presidential candidate Sen. John McCain, R-Ariz., announced today that he will vote “no” when the full Senate considers the nomination of Judge Sonia Sotomayor to the Supreme Court. His floor statement is available here.