Six Uighurs resettled
Six of the 13 Chinese Muslim (Uighur) detainees seeking their release in a Supreme Court case were transferred early Saturday to live in the island nation of Palau, their attorneys disclosed this afternoon.
October 2009 Archive
Showing 1–50 of 94 items published in October 2009, most recent first.
Bilski Panel of Experts
On November 19, a panel of experts at American University’s Washington College of Law will address the potential consequences for patent law of Bilski v. Kappos, which will be argued on November 9. All of the speakers are counsel to either parties or amici in the case.
Friday Round-up
The debate is heating up over one of November’s first arguments: three publications have coverage today on Jones v. Harris Associates (08-586), which will be argued before the Supreme Court on Monday.
A new look at the “Erie doctrine”
The Supreme Court will hear oral argument at 11 a.m. Monday in Shady Grove Orthopedic Associates v. Allstate Insurance Co. (08-1008). Scott L. Nelson of Public Citizen Litigation Group, Washington, will be representing the Shady Grove, MD, clinic in the case, and Christopher Landau of Kirkland & Ellis, Washington, will be representing the insurance company.
Petitions to Watch | Conference of 10.30.09
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference tomorrow, October 30. As always, it lists the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.
Which State is a Nationwide Corporation’s Principal Place of Business?
Below, Sina Kian of Stanford Law School previews Hertz Corporation v. Friend, one of two cases to be heard by the Supreme Court on Tuesday, November 10. Check the Hertz Corp. v. Friend (08-1107) SCOTUSwiki page for additional updates.
Thursday Round-up
Joan Biskupic will discuss her new biography of Justice Scalia, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, at the National Constitution Center in Philadelphia on Wednesday, November 18. Marcia Coyle of The National Law Journal will moderate.
New brief due on abuse photos
U.S. Solicitor General Elena Kagan notified the Supreme Court on Thursday that the government will be filing a new brief, probably next week, to discuss the impact of new legislation on a pending dispute over the public release of scores of photos showing torture or other abuse of detainees by U.S. military personnel in Iraq and Afghanistan.
New plea for a detainee
Lawyers for a Yemeni national held at Guantanamo Bay, who won a court order for his release more than seven months ago but remains detained, have urged the Supreme Court to take up his case promptly now that a lower appeals court has put it on hold.
Term Previews Round-up
A number of events were held this month and last to preview the Court’s 2009 term. Audio and/or video coverage of several are posted below the jump. To see more details about each event, click on the host organization’s name.
Does RICO Confer Standing Upon State and Local Governments? (Hemi Group, LLC v. City of New York Argument Preview)
Below, Brian Goldman of Stanford Law School previews Hemi Group, LLC v. City of New York, one of three cases to be heard by the Supreme Court on Tuesday, November 3. Check the Hemi Group, LLC v. City of New York (08-969) SCOTUSwiki page for additional updates.
Wednesday Round-up
According to Dow Jones Newswires (appearing in the Wall Street Journal), three Democratic lawmakers plan to introduce a bill next week that would override the U.S. Supreme Court’s ruling in Ashcroft v. Iqbal by lowering the standards for a case to move to the discovery stage.
Analysis: New issue in Kiyemba
Analysis President Obama on Wednesday signed into law a new Pentagon funding bill, and with his signature very likely generated a new issue for the Supreme Court when it reviews Kiyemba et al. v. Obama et al. in late winter — did Congress have the authority to put limits on transfers of prisoners out of Guantanamo Bay, Cuba?
Tuesday Round-up
Adam Liptak at the New York Times covers the continuing legal battle over gay marriage, and in particular the lawsuit – filed by former Solicitor General Ted Olson – pending before U.S. District Judge Vaughn Walker in California.
Bankruptcy Exemptions and Trustee Objections (Schwab v. Reilly Argument Preview)
Below, Anthony Dick of Stanford Law School previews Schwab v. Reilly, one of three cases to be heard by the Supreme Court on Tuesday, November 3. Check the Schwab v. Reilly (08-538) SCOTUSwiki page for additional updates.
Section 5 survives for now
Congress’ 25-year extension of one of the most significant civil rights laws — the Voting Rights Act’s Section 5 — has averted another threat to its constitutionality.
The Week Ahead
No oral arguments are scheduled this week. On Friday the Justices will hold a private conference, orders from which are expected on Monday. Today Justices Scalia and Breyer will publicly discuss constitutional and statutory principles of interpretation together at the University of Arizona.
Monday Round-up
Although the Court did not hear oral arguments last week, the media is flush with commentary about cases argued in previous weeks and those that are yet to come. On Saturday, the Wall Street Journal’s opinion page discussed Alvarez v. Smith, an assets forfeiture case heard two weeks ago.
Application of AEDPA to Review of State Determinations of Fact (Wood v. Allen Argument Preview)
Below, Tiffany Cartwright, a 3L at Stanford Law School, previews Wood v. Allen, one of two cases to be heard by the Supreme Court on Wednesday, November 4. Check the Wood v. Allen (08-9156) SCOTUSwiki page for additional updates.
Academic Round-up
In the last of the posts dealing with the Yale Conference from several weeks ago, Frederick Schauer (University of Virginia Law School) has written an interesting paper entitled “Is it Important to be Important? Evaluating the Supreme Court Case Selection Process,” see here.
Analysis: EMILY’s List case: To the Court, or not?
Analysis With U.S. Solicitor General Elena Kagan now weighing what to do next on the hotly controversial EMILY’s List case, it already appears that her decision could have a major impact on next year’s national political campaigns, whatever choice she makes.
Friday Round-up
The ABA Journal has a new article on sentences of life without parole for juvenile defendants, an issue raised by two cases – Graham v. Florida and Sullivan v. Florida – coming before the Court on November 9.
What Constitutes a Breach of “Fiduciary Duty”? (Jones v. Harris Associates Argument Preview)
Below, Connor Williams, a 3L at Stanford Law School, previews Jones v. Harris Associates, one of three cases to be heard by the Supreme Court on Monday, November 2. Check the Jones v. Harris Associates (08-586) SCOTUSwiki page for additional updates.
New detainee case on the way
Chief Justice John G. Roberts, Jr., on Friday cleared the way for the filing in November of a new Guantanamo Bay detainee case, further testing the power of federal judges to weigh or limit transfers of prisoners from that U.S. military prison.
Thursday Round-up
Tuesday’s orders are still dominating the news and blog headlines. At USA Today, Joan Biskupic reports on the cert. grant in Kiyemba v. Obama (08-1234), noting that the case represents the first time the Obama administration will come before the Court on the issue of Guantánamo Bay detention policy and also pointing out that Kiyemba will “test the strength” of the Court’s 2008 ruling in Boumediene v. Bush.
Wednesday Round-up
The New York Times discusses the separation-of-powers issues involved in Kiyemba v. Bush, in which the Court granted certiorari yesterday. At issue in the case is whether a judge can order a detainee released onto United States soil.
Tuesday round-up
Christine Hurt at The Conglomerate has this piece on last week’s Houston Chronicle article, which wondered if the presence of three Enron-related cases on this Term’s docket is more indicative of zealous Enron Task Force prosecution or effective Enron lawyering on appeal.
Today’s Orders
The Court has granted certiorari in Kiyemba v. Obama (08-1234) and the combined cases of Kawasaki Kisen Kaisha v. Regal-Beloit Corporation (08-1553) and Union Pacific Railroad Company v. Regal-Beloit Corporation (08-1554). The full order list is available here.
New detainee case granted
UPDATE 1:30 p.m. The Justice Department, in response to the Court’s order granting review of the detainee case, issued this statement. ————– The Supreme Court, probably complicating President Obama’s plans to make new policy on detainees, agreed on Tuesday to rule on the power of federal judges to order prisoners released from Guantanamo Bay, Cuba.
Analysis: Detention and the 3 branches
Analysis President Obama, his legal team, military leaders and diplomatic agents, along with Congress, have been engaged for months in intense deliberations over the Nation’s policy on detaining individuals who have been captured during what is called the “war on terrorism.” They have been able to do so largely without looking over their shoulders to see what the Supreme Court might do to limit their options.
Order on petition signers issue
UPDATE Thursday p.m. The Ninth Circuit Court on Thursday released an opinion explaining its ruling — the one that is at issue in this case — that would allow state officials to release the identities of the Refernedum 71 petition signers.
Petitions to Watch | Conference of 10.19.09
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference on October 19. 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.
The Week Ahead
The Court held a brief public session today, to admit lawyers to its bar. Following that, the Justices were to hold a private conference. The Chief Justice announced that orders acted upon at the conference will be released on Tuesday at 10 a.m.
Monday Round-up
At Balkinization, Barry Friedman analyzes the Court’s docket for the new Term and notes that business and criminal cases have dominated the Court’s recent cert. grants.
UPDATE: Plea for petition signers’ privacy
UPDATE 2:55 p.m. Justice Anthony M. Kennedy on Monday afternoon put back into effect, temporarily, a federal judge’s order that protects the privacy of signers of a petition seeking a voter referendum on a gay rights law in Washington State.
Friday Round-up
Most of the major news outlets have coverage of the hospitalization of Justice Ruth Bader Ginsburg, including the Washington Post, Wall Street Journal, and USA Today, as well as the BLT. It is the second time in less than a month that Ginsburg has been hospitalized, but she has returned home.
Today at the Court
No oral arguments are scheduled, and no non-capital orders are expected to be issued. Although the Justices would normally have held a private Conference today, several Justices are in London to attend opening ceremonies for the Supreme Court of the United Kingdom, and the Conference will instead be held on Monday.
New letter on photos case
The Justice Department filled in the Supreme Court anew on Friday on Congress’ move to block the disclosure of scores of photos that are said to show torture and other abuse of detainees held by the U.S. in Iraq and Afghanistan.
Can the Court Calibrate the Speedy Trial Clock? (Bloate v. United States Argument Recap and Analysis)
Below, Akin Gump’s Scott Street recaps last Tuesday’s oral argument in Bloate v. United States. Check the Bloate v. United States (08-728) SCOTUSwiki page for additional updates. For the most part, the Supreme Court considers two types of legal issues.
Today at the Court
No oral arguments are scheduled, and no non-capital orders are expected to be issued.
Thursday Round-up
Tuesday’s cert. grant in the case of former Enron executive Jeffrey Skilling continues to dominate the headlines.
Perdue v. Kenny A.: Is the “Lodestar” Approach Adequate for Calculating Attorney’s Fees? (Argument Recap)
Below, Akin Gump’s Scott Street recaps Wednesday’s oral argument in Perdue v. Kenny A. Check the Perdue v. Kenny A. (08-970) SCOTUSwiki page for additional updates.
Ginsburg hospitalized overnight
UPDATE Thursday 4:10 p.m. Justice Ginsburg worked at her home during the day Thursday, the Court reported this afternoon. ——————– Supreme Court Justice Ruth Bader Ginsburg spent a night in the hospital Wednesday after experiencing an “adverse reaction” to medication, the Supreme Court reported Thursday morning.
Today at the Court
The Court will hear oral arguments this morning in two cases.
Wednesday Round-up
The grant of certiorari in Skilling v. United States yesterday is dominating news and blog headlines.
Today’s Transcripts
The transcript of oral argument in Alvarez v. Smith (08-351) is here. The transcript in Perdue v. Kenny A. (08-970) is here.
Padilla v. Commonwealth of Kentucky: Interpreting Strickland‘s Applicability to Misadvice Regarding Immigration Consequences (Argument Recap)
At oral argument in Padilla v. Commonwealth of Kentucky (08-651) on Tuesday, the Court considered whether the Sixth Amendment provides a remedy to defendants who have been misadvised by their attorneys.
Today at the Court
The Court will hear oral arguments in three cases. In Padilla v. Kentucky (08-651), it will consider whether the Sixth Amendment’s guarantee of legal counsel is met by a defense lawyer who misrepresents the deportation consequences of a guilty plea to his noncitizen client.
Tuesday Round-up
Adam Liptak at NYT previews Black v. United States and Weyhrauch v. United States, the “honest services” cases that the Court will hear this term.
Today’s Orders
The Court has granted certiorari in the following four cases, and the briefs are now posted below. The full order list is available here.
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