This Week at the Court
The Court will hear oral argument in the following cases: Monday, Nov. 30: Graham County Soil & Water Conservation District v. United States ex rel.
November 2009 Archive
Showing 1–50 of 99 items published in November 2009, most recent first.
Today at the Court
Orders are expected this morning at 10 a.m. from the Justices’ private conference last Tuesday, November 24. Oral arguments will follow in two cases: At 10 a.m., the Court will hear Graham County Soil & Water Conservation Dist. v. United States ex rel.
Today’s Orders
The Court has granted certiorari in three cases, Morrison v. National Australia Bank (08-1191), Renico v. Lett (09-338), and Barber v. Thomas (09-5201). Justice Sotomayor took no part in the cert. grant in Morrison.
UPDATED: Court scuttles photos ruling, grants 3 cases
UPDATED with new material 2:35 p.m. ——————– The Supreme Court on Monday wiped out a lower court ruling that would have forced the Pentagon to release scores of photos that are said to show abuse of detainees by the U.S. military in Iraq and Afghanistan.
February arguments, day by day
The Supreme Court on Monday released the schedule of oral arguments for the session beginning Monday, Feb. 22. The major case on the Second Amendment’s application to state and local gun control laws is now set for 10 a.m. on Tuesday, March 2.
Post-combat stress as a defense
The Supreme Court, in a sign of the times for a nation at war on two fronts, on Monday put defense lawyers on notice that they should be prepared to use evidence of “post-traumatic stress disorder” to try to save accused veterans from the death penalty.
Monday Round-up
The Miami Herald previews Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a case to be argued on Wednesday that raises the question whether the Florida Supreme Court violated the rights of property owners by upholding a state project that affects private beachfront property.
Today’s Transcripts
The oral argument transcripts are here for Graham County Soil v. United States and here for Merck & Co., Inc. v. Reynolds.
When Does a Statute of Limitations Begin?
Below, Akin Gump’s John Wittenzellner previews Merck & Co., Inc. v. Richard Reynolds, one of two cases to be heard by the Supreme Court on Monday, November 30. Lyle Denniston also covered the cert. grant in the case for SCOTUSblog; his post is available here.
December hearing list
The Supreme Court on Friday released the list of lawyers who will be arguing cases in the session that begins on Monday, Nov. 30. The list may be downloaded here.
Are Lawyers “Debt Relief Agencies”?
Below, Stanford Law School’s Keisha Stanford previews Milavetz, Gallop & Milavetz, P.A. v. United States and United States v. Milavetz, Gallop, & Milavetz, P.A, consolidated cases which will be heard by the Supreme Court on Tuesday, December 1.
Wednesday Round-up
During a slow week at the Court, the amicus briefs filed Monday in the gun rights case McDonald v. Chicago continue to be the biggest news.
Qui Tam Actions and Public Disclosure
Below, Stanford Law School’s Jacqueline de Armas previews Graham County Soil & Water Conservation Dist. v. United States ex rel. Wilson, one of two cases to be heard by the Supreme Court on Monday, November 30. Check the Graham County Soil & Water (08-304) SCOTUSwiki page for additional updates.
Commentary: The strange case of Al-Ghizzawi
Commentary Eleven days after the Supreme Court in 2008 established a constitutional right for Guantanamo Bay detainees to challenge their captivity in U.S. courts, the Justices told the lawyer for an Afghan prisoner to go ahead with such a plea “in an appropriate district court.” The attorney for Abdul Hamid Salam Al-Ghizzawi did so.
Amici filings in 2d Amendment case
Most of the amici briefs on the top side (or neutral) in the granted case on the application of the Second Amendment to state and local laws were filed on Monday.
Amici filings in “material support” cases
Four top-side amici briefs and one bottom-side amicus brief are now available in the consolidated cases on the constitutionality of various provisions of the federal law criminalizing “material support” for terrorist organizations.
Tuesday Round-up
In his Sidebar column in the New York Times, Adam Liptak discusses the implications of a possible Court decision that would – as the Chief Justice suggested at oral argument – eschew a bright-line rule prohibiting life sentences without parole for juveniles in favor of a case-by-case method that accounts for the defendant’s age and the seriousness of his crime.
Reimagining the Court
Photo by Abdul El-Tayef/WPPI Photography On Friday, George Washington University Law School held a conference entitled “Rethinking the Law Governing the Structure and Operation of the Supreme Court.” Each of four panels examined a different proposal that would substantially change the way the Court operates.
This Week at the Court
For the second week in a row, no oral arguments are scheduled. The Justices will hold their private conference on Tuesday, grants from which will likely be announced on Monday, November 30. If any orders are released on Wednesday, we will cover them promptly.
Monday Round-up
In the Wall Street Journal, Anne Tergesen discusses both the recent rise in age-discrimination claims and the Supreme Court’s recent decision in Gross v. FBL Financial Services Inc. (2009), which requires plaintiffs alleging age discrimination to establish that their age was the sole cause of the employer’s actions.
Brief: Court should address torture now
Lawyers for four former detainees at Guantanamo Bay urged the Supreme Court Monday to face, head-on, the question of whether it is unconstitutional for U.S. officials to torture individuals being held captive.
Court to Hear Student Loan Bankruptcy Case
Below, Stanford Law School’s Bryan Henderson previews United Student Aid Funds, Inc. v. Espinosa, one of two cases to be heard by the Supreme Court on Tuesday, December 1. Check the United Student Aid Funds (08-1134) SCOTUSwiki page for additional updates.
Friday Round-up
At the WSJ Law Blog this morning, Ashby Jones previews McDonald v. City of Chicago, in which the Court will examine the constitutionality of a Chicago gun-control ordinance and, more generally, the Second Amendment’s applicability to the states.
Petitions to Watch | Conference of 11.24.09
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ next private conference on Tuesday, November 24. As always, it lists the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.
Thursday Round-Up
Linda Greenhouse has an article in the Charleston Law Review’s Supreme Court Preview issue (starting at page 37) in which she assesses Justice Breyer’s jurisprudence on the Court, at the presumed midpoint of his tenure there.
Academic Round-up
For those that use empirical data to study the Supreme Court, the new Supreme Court Database is now live at supremecourtdatabase.org. The biggest advantage to the new version of the Database is that it is now more user-friendly and accessible to those who study the Court, but may not have empirical background or training.
Will the Court Take On Judicial Takings?
Below, Elisabeth Oppenheimer of Stanford Law School previews Stop the Beach Renourishment v. Florida Department of Environmental Protection (08-1151), which will be heard by the Supreme Court on Wednesday, December 2. Check the Stop the Beach Renourishment SCOTUSwiki page for additional updates.
Wednesday Round-up
Roll Call (subscription only) has an editorial by Simon Lazarus in which he argues that Congress is pushing back against recent Court decisions that encroach on Congress’s domain.
ACLU seeks to salvage FOIA ruling
The American Civil Liberties Union on Wednesday urged the Supreme Court to leave undisturbed a lower court ruling that limits the government’s power to keep secret photos or documents that reveal official wrongdoing.
Tuesday Round-up
The Court’s decision not to review a challenge by a Native American group to the Washington Redskins mascot leads Monday’s coverage.
Brief: Pare down Patriot Act
Posing a major test of the sweeping scope of the government’s most-used legal weapon against “terrorism,” six groups and two individuals urged the Supreme Court on Monday to pare down key provisions of the USA Patriot Act.
This Week at the Court
The Court will not hear any oral arguments this week. Orders are expected this morning at 10 a.m. from the Justices’ private conference on Friday. SCOTUSblog’s list of Petitions to Watch from this conference is here. The schedule of merits briefs due this week is below the jump.
Monday Round-up
On Sunday, L. Gordon Crovitz had an op-ed about Bilski v. Kappos in the The Wall Street Journal. The Newark Star-Ledger’s editorial board is calling for eminent domain reform in New Jersey, citing Kelo v. New London as the main reason for reform.
Today’s Orders
The Court has granted certiorari in one case, Magwood v. Culliver (09-158), and invited the Solicitor General to file a brief expressing the views of the United States in Holy See v. John Doe (09-1).
Court adds one new case
The Supreme Court agreed on Monday to rule on a state prison inmate’s right to challenge in federal court when a new sentence has been imposed. The key issue is whether such a challenge is barred when it could have been pursued in an earlier habeas plea.
History lesson on 2nd Amendment’s reach
UPDATE Tuesday a.m. The National Rifle Association on Monday filed a brief supporting the Chicagoans’ challenge. It can be downloaded here. The NRA has been pursuing a similar challenge (pending petition, 08-1497). It is in the McDonald case as a respondent supporting the petitioners.
Gates bars abuse photos’ release
Defense Secretary Robert M. Gates ruled on Friday that 44 photos that reportedly show abuse of detainees by the U.S. military in Iraq and Afghanistan cannot be released publicly.
U.S.: No need to rule on torture claim
The Obama Administration on Friday evening urged the Supreme Court to turn aside a test case by four former Guantanamo Bay detainees, and to do so without ruling on their claims of torture and religious discrimination by U.S. agents there.
Today at the Court
No oral arguments are scheduled. The Justices will hold their private conference today, orders from which are expected on Monday. Check SCOTUSblog’s latest edition of Petitions to Watch for those petitions Tom deems to have a reasonable chance of being granted at this conference.
Friday Round-up
The discussion of Monday’s arguments in Graham v. Florida and Sullivan v. Florida has continued through the end of the week. At Concurring Opinions, Alex Kreit comments on the arguments, highlighting in particular Chief Justice Roberts’s interest in the role that a juvenile offender’s age could play in Eighth Amendment proportionality review.
Civilian trials for 9/11 accused
Attorney General Eric Holder, Jr., announced Friday that five Guantanamo Bay detainees previously charged with war crimes before military commissions will now be shifted to a federal District Court in New York City for trial under normal civilian court processes.
New Supreme Court Database
A new searchable database of Supreme Court opinions and statistics came online last month. With National Science Foundation funding, longtime Court scholar Harold Spaeth is teaming up with five other law and political science professors to preserve and expand data he has collected annually since the 1980s.
Today at the Court
No oral arguments are scheduled, and no non-capital orders are expected.
Thursday Round-up
Obituaries for John J. O’Connor, III, the husband of retired Justice Sandra Day O’Connor, are in today’s newspapers. O’Connor died yesterday, at age 79, of complications from Alzheimer’s disease.
Plain Text and Congressional Intent
On Tuesday, the Court heard oral arguments in Kucana v. Holder. My earlier preview of the case is available here. Check the Kucana v. Holder (08-911) SCOTUSwiki page for additional updates.
Conference: “Rethinking the Law Governing the Structure and Operation of the Supreme Court”
The conference at George Washington Law School on Friday, November 20 will feature nine law professors, two sitting circuit judges, and other legal experts on four panels: “Regularization of Supreme Court Appointments” “Term Limits for Service as Chief Justice” “Altering the Certiorari Process” “Confronting the Disability of a Justice” Programming runs from 9 a.m. to 4 p.m.
Petitions to Watch | Conference of 11.13.09
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ next private conference on November 13. As always, it lists the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.
Today at the Court
As today is a legal holiday, the Court is not in session. No more oral arguments are scheduled this week.
Wednesday Round-up
The Court heard oral argument yesterday in Hertz Corporation v. Friend, which considers the standard to be used to determine a corporation’s citizenship for the purposes of diversity jurisdiction.
Another detainee case filed
FURTHER UPDATE Friday a.m. “Kiyemba II” has now been docketed as 09-581. ————— UPDATE Thursday p.m. A reader notes that the outcome of this case, besides affecting some 150 cases involving advance notice orders, also will affect a number of cases in which federal judges have issued binding orders against transfers from Guantanamo.
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