Today’s Orders
The Court has granted certiorari in the following 10 cases. The full order list is available here.
September 2009 Archive
Showing 1–50 of 57 items published in September 2009, most recent first.
Wednesday Round-Up
Yesterday, the Court held its annual “long conference,” in which the Justices discussed which of last summer’s cert. petitions it will hear this term.
Court to rule on gun rights, terrorism law
Taking on a major new constitutional dispute over gun rights, the Supreme Court agreed on Wednesday to decide whether to apply the Second Amendment to state, county, and city government laws.
Analysis: Making rights grow
Analysis The Supreme Court has a few ways of recognizing — one might say “creating” — new constitutional rights, but it has one that it has not used for 30 years.
Petitions to Watch | Conference of 9.29.09 (Part V)
This is the fifth and final edition of “Petitions to Watch” featuring cases up for consideration at the Justices’ opening conference of September 29. Included in today’s post are cases in which the Solicitor General has filed invitation briefs or letters since the end of last Term.
Tuesday Round-Up
Today’s Supreme Court grants cert. in about half as many cases as it did in the 1980s. In his Sidebar piece, Adam Liptak of The New York Times attempts to explain this mysterious shrinking docket.
Solicitor General briefs in cert. and merits stage cases
The Solicitor General has recently filed the following briefs: Petition Stage Invitation : No. 08-998: Hamilton v. Lanning (supporting certiorari; other cert. filings here) Merits Stage Amicus : No. 08-661: American Needle v. National Football League et al.
Petitions to Watch | Conference of 9.29.09 (Part IV)
This is the fourth edition of “Petitions to Watch” featuring cases up for consideration at the Justices’ opening conference of September 29. We’ll have one final post tomorrow; included in today’s post are the Second Amendment incorporation petitions out of the Second and Seventh Circuits.
Monday Round-up
As the Justices will hold their first private conference this Tuesday, the Supreme Court press corps turns its focus to the upcoming docket. Tony Mauro writes in the National Law Journal on the dominance of business cases in OT09 : more than half of the 45 docketed cases address business issues.
Mystery of The Premature Docket Number
Here’s a piece of Supreme Court minutiae that has always befuddled me. As most know, the Court’s term officially begins the first Monday in October and ends the day before the first Monday of the next October.
December calendar — day by day
The Supreme Court on Monday released the oral argument calendar for the session that begins Monday, Nov. 30, and ends Wednesday, Dec. 9. The calendar can be downloaded here.
Petitions to Watch | Conference of 9.29.09 (Part III)
This is the third edition of “Petitions to Watch” featuring cases up for consideration at the Justices’ opening conference of September 29.
Analysis: Critique of detainee confessions
Analysis Of the 38 decisions so far by federal judges implementing the Supreme Court’s mandate in Boumediene v. Bush to test the legality of Guantanamo Bay detentions, the most critical assessment of government evidence has just emerged, in Al Rabiah v. U.S. (District Court docket 02-828).
Justice Sotomayor on C-SPAN (and ESPN)
Below is a transcript excerpt from C-SPAN’s one-on-one interview with Justice Sonia Sotomayor, which will air during its “Supreme Court Week.” Justice Sotomayor described her anxiety in waiting for the president’s call and the frantic drive from New York to Washington the night before her
UPDATE: Ginsburg out of hospital
UPDATE Friday a.m.
9th CA: Gun case on hold
The Ninth Circuit Court on Thursday put on hold its consideration of a case testing whether the Second Amendment right “to keep and bear arms” restricts laws passed by state and local governments, and not just those passed at the federal level.
Friday Round-up
Justice Ruth Bader Ginsburg was hospitalized yesterday evening after she reportedly “developed light headedness and fatigue” while working in her chambers at the Court.
Thursday Round-up
The October issue of the ABA Journal Magazine is out and brimming with commentary on the Court. The Magazine likens the modern confirmation process of Court nominees to a “kabuki dance,” because Senators ask useless but inflammatory questions for the cameras and the candidates are too tight-lipped to reveal a good sense of their judicial philosophy.
Update on Kiyemba case
The federal government has formally notified the Supreme Court of its plans to send some — but not all — of the Chinese Muslim Uighur detainees remaining at Guantanamo Bay to live on the Pacific island of Palau.
Petitions to Watch | Conference of 9.29.09 (Part II)
This is the second edition of “Petitions to Watch” featuring cases up for consideration at the Justices’ opening conference of September 29.
Solicitor General amicus briefs in OT09 cases
The Solicitor General has recently filed the following merit stage amicus briefs for cases to be argued in the upcoming Term. As we began to do at the end of last Term, we’ll continue to note the SG’s involvement in cert and merit stage cases and post the briefs.
Wednesday Round-up
Election Law Blog continues its coverage of Citizens United, offering several historical commentaries on the recent oral re-arguments concerning campaign finance reform.
Tuesday Round-up
In the wake of Ohio’s botched execution of Romell Broom last week, the debate continues over the constitutionality of capital punishment. At Newsweek, Krista Gesaman examines the possibility that the circumstances surrounding the execution attempt constitute cruel and unusual punishment under the eighth amendment.
Monday Round-up
The stakes for the outcome of Citizens United and the McCain-Feingold law have been raised after the D.C. Circuit’s decision last Friday in Emily’s List v. FEC.
Merits Brief in Jerman v. Carlisle
Today Howe & Russell filed the petitioner’s brief in Jerman v. Carlisle, No. 08-1200. The petitioner’s brief is here. The question in the case is whether the so-called “bona fide error” defense of the Fair Debt Collection Practices Act applies to mistakes of law.
Upcoming Term preview panels
A number of panels and conferences are scheduled this month and at the beginning of October to preview the Court’s 2009 term — many require pre-registration. Details are below the jump.
Early look at detainees’ case
The Supreme Court, at its first Conference after the summer recess, will consider the case of nine Chinese Muslim Uighurs who are seeking their release from the U.S. military prison at Guantanamo Bay, Cuba, according to the Court’s electronic docket.
No quick ruling on military trials
Update Tuesday a.m. The military judge heading the commission that has been scheduled to try the five individuals for war crimes related to the 9/11 attacks agreed on Monday to delay all proceedings in the case until Nov. 16, giving the Obama Administration time to decide on a trial in military or civilian court.
A triple anniversary
This is Constitution Day — the 222nd anniversary of the adoption, at Philadelphia, of the final version of the new Constitution. But it is also an anniversary day for retired Justice David H. Souter, who was born 70 years ago.
Friday Round-up
A three-judge panel of the Indiana Court of Appeals unanimously struck down a state voter ID law previously upheld by the United States Supreme Court in Crawford v. Marion County Election Board (2008).
Thursday Round-up
In the Wall Street Journal, Jess Bravin scrutinizes a comment made by Justice Sotomayor during the Citizens United oral argument – her first session on the Court: “[judges] created corporations as persons, gave birth to corporations as persons…There could be an argument made that that was the
Wednesday Round-up
The New York Times reports that the Obama administration has reneged on its earlier decision to not ask the Supreme Court to block the release of photos showing the abuse of prisoners in Iraq and Afghanistan.
Decision soon on 9/11 trials
The Justice Department told a federal court Wednesday that it expects to decide in the next 60 days whether to try in civilian court or military court those accused of taking part in the terrorist attacks of Sept. 11, 2001.
U.S.: No habeas rights at Bagram
The Obama Administration argued strenuously on Monday that the Supreme Court’s 2008 decision providing a right for imprisoned terrorism suspects to challenge their captivity does not apply to “approximately 600 long-term detainees” now being held by the U.S. military in Afghanistan. “Habeas rights
Analysis: New detention filter at Bagram
Analysis The Pentagon’s new policy to control who will be detained as a terrorism suspect at the U.S. military prison at Bagram, Afghanistan, is based on a concept of the enemy that has not withstood legal tests in federal habeas courts in the wake of the Supreme Court’s constitutional habeas ruling in Boumediene v. Bush last year.
Tuesday Round-up
Richard Hasen keeps the Citizens United conversation going at Slate, commenting on the impact of the Court’s growing trend towards “broad, constitutional holdings” in “How Liberals Can Win By Losing at the Roberts Court.” Citing a recent Seventh Circuit opinion – and the Court’s affirmation of it –
Cato Supreme Court Review and Constitution Day Symposium
The annual Cato Supreme Court Review has been published and will be distributed at the Cato Institute’s Constitution Day Symposium on Thurs., Sept. 17 at 10:30 a.m. After that, the Review will be available for purchase on the Institute’s web site.
Petitions to Watch | Conference of September 29, 2009 (Part I)
The first edition of “Petitions to Watch” for the October 2009 term features cases up for consideration at the Justices’ opening conference of September 29.
New “Round-up” post
This week, we’re trying out a new daily feature on SCOTUSBlog that summarizes coverage of and commentary about the Supreme Court. Each morning a different contributor will post links and brief synopsis to supplement our round-up sidebar: I’ll be on Monday; Anna Christensen of Howe & Russell on Tuesday; Jay Willis on Wednesday; Erin Miller on Thursday; and Adam Schlossman of Akin Gump on Friday.
Analysis: Some movement on Bagram?
Analysis For almost all of the time it has been in office, the Obama Administration has held to the position that the Supreme Court’s ruling in 2008 giving some terrorism suspects a right to challenge their detention by the U.S. military does not apply, in any way, to prisoners being detained at Bagram air base in Afghanistan — a prison population now said to number more than 600.
Tracking new cases: New test of Chrysler deal
NOTE: From time to time, the blog will examine significant new cases filed at the Supreme Court. This post is one in that series.
Sweeping attack on terrorism trials
The D.C. Circuit Court on Friday asked the Obama Administration to reply promptly to a sweeping new challenge to military commission trials, filed by a detainee facing charges of taking part in Sept. 11, 2001, terrorist attacks.
Court acts on prisoner release case
The Supreme Court refused on Friday evening to interfere with a federal court order requiring the state of California to draw up a plan for the mandatory release of up to 46,000 prison inmates to relieve overcrowding in state penal facilities.
Upcoming Term preview panels
A number of panels and conferences are scheduled this month to preview the Court’s October 2009 term — many require pre-registration. Details are below the jump.
Way cleared to transfer many detainees
With uncertainty hanging over a pending Supreme Court appeal on federal judges’ power to shape government policy on transfers of detainees out of Guantanamo Bay, the D.C. Circuit Court on Tuesday put into effect a ruling that clears the way for moving scores of detainees to other countries, over the prisoners’ objections.
Analysis: Two precedents in jeopardy
Analysis If supporters of federal curbs on political campaign spending by corporations were counting on Chief Justice John G. Roberts, Jr., and Justice Samuel A. Alito, Jr., to hesitate to strike down such restrictions, they could take no comfort from the Supreme Court’s 93-minute hearing Wednesday on that historic question.
Transcript and audio of Citizens United reargument
The Court’s transcript is available here, and audio is available here, courtesy of the PBS NewsHour.
Release of 46,000 inmates challenged
FURTHER UPDATE Thursday p.m. The state officials’ reply was filed Thursday, completing the briefing on the stay application. It can be found here. UPDATE Wednesday p.m.
A new Justice takes her seat
With President Obama and Vice President Biden and some 450 other witnesses looking on silently, Justice Sonia Sotomayor took her seat for the first time on the Supreme Court bench Tuesday afternoon, the 111th member of the Court in its history.
Academic Round-Up
Dion Farganis (Bowling Green State University Department of Political Science) has posted “Court Curbing in the Modern Era: Should Supreme Court Justices Really Worry About Attacks from Congress?” on SSRN, see here.
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