Showing 1–50 of 1061 items published in 2008, most recent first.
The second case argued on December 10, 2008, AT&T v. Hulteen, stemmed from a decision out of the Ninth Circuit in favor of Noreen Hulteen and three other women who were denied full service credit for pregnancy leaves taken from AT&T between 1968 and 1976.
Today we filed this reply brief in No. 08-645, Abbott v. Abbott, which will be on the January 16 conference. At issue in the case is whether a “ne exeat” right, which requires consent from one parent before the other parent may remove the child from his country of habitual residence, is a “right of custody” for purposes of the Hague Convention governing international child abduction.
Praising the federal courts for doing their work with only a “tiny share of the federal budget,” Chief Justice John G. Roberts, Jr., protested on Wednesday that Congress has awarded its own members and “every other federal employee” a cost-of-living pay raise this year — but left out the judges.
U.S. District Judge Richard J. Leon ruled on Tuesday that two Guantanam Bay detainees — nationals of Yemen and Tunisia — must remain prisoners of the U.S. military, finding that the government has proved that each is an “enemy combatant.” In the most significant of the two separate rulings, the
Setting the stage for an appeal to the Supreme Court, the Fourth Circuit Court on Monday refused to delay the corruption trial of Rep. William J. Jefferson, a nine-term Democratic member of the House who lost his seat this year.
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court this week. The Justices will next convene for their private conference on January 9. Oral arguments will resume January 12.
NOTE: The following is an update of a post published on Dec. 17. The earlier post, found here, anticipated that events would develop more slowly than has actually occurred.
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference on January 9. 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.
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court this week. The Justices will next convene for their private conference on January 9. Oral arguments will resume January 12.
The DePaul Law Review just published the results of an empirical study about the influence of Supreme Court clerks conducted by Todd Peppers and Chris Zorn, see here.
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court today. The Justices will next convene for their private conference on January 9. Oral arguments will resume January 12.
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court today. The Justices will next convene for their private conference on January 9. Oral arguments will resume January 12.
Analysis Taking on a task newly assigned to it by the Supreme Court, the D.C. Circuit Court in the next few weeks will be faced with answering a constitutional question of historic dimensions: what part of the Constitution extends to Guantanamo Bay, and to the foreign nationals held prisoner there?
UPDATE Friday morning The transcript of the news briefing Thursday has now been made available by the Pentagon on its website, and can be found here.
UPDATE Wednesday 2:45 p.m. In a new order issued Wednesday afternoon, Senior Judge Thomas F. Hogan ordered lawyers on both sides of the 113 cases he is coordinating to report jointly to him by Jan. 5 on whether some of those cases can be consolidated for trial on the detainees’ challenges.
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court today. The Justices will next convene for their private conference on January 9. Oral arguments will resume January 12.
Stanford student Josh Friedman discusses oral argument in Cone v. Bell. Please note that Josh worked on the merits briefing for petitioner as a summer associate at Howe & Russell.
Analysis For l6 years, lower federal courts have labored over the right way to apply a significant Supreme Court ruling on consumers’ right to sue in state courts to challenge corporate wrongdoing, when the companies involved insist they are insulated by federal law.
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court today. The Justices will next convene for their private conference on January 9. Oral arguments will resume January 12.
Three of the Guantanamo Bay detainees ordered released by a federal judge this month have been sent to Bosnia, where they had been living before being captured and put in indefinite detention by the U.S. military.
At 10 a.m., the Court may issue one or more opinions in pending cases, as well as release the remaining orders from the Justices’ private conference last Friday. We will provide coverage of all developments.
A copy of today’s orders list is now available here. The Court granted, vacated, and remanded the D.C. Circuit’s decision in Rasul v. Myers (08-235), filings for which are available after the jump. Docket: 08-235 Title: Rasul, et al. v. Myers, et al.
The Supreme Court on Monday ordered the D.C. Circuit Court to reconsider a ruling rejecting claims of torture and religious bias against detainees at Guantanamo Bay, Cuba. The Circuit Court is to take into account the Justices’ June 12 ruling on detainees’ rights in Boumediene v. Bush (06-1195).
Stanford student Lisa Ehrlich discusses last Monday’s argument in No. 07-1209. Additional information on the case is available on SCOTUSwiki, here. Based on the briefs filed, the heart of the issue before the Court was which party should bear the burden of showing prejudice when the VA fails to provide the notice required by the VCAA.
Today we filed petitioner’s brief in Flores-Figueroa v. United States, No. 08-108. The case presents the question whether to establish a violation of the federal “aggravated identity theft” statute, the Government must prove that the defendant knew that the false identification numbers he was using in fact belonged to someone else (as opposed to having been simply fabricated and issued to no one).
On Monday, the Court may issue one or more opinions in pending cases, as well as release the remaining orders from the Justices’ private conference last Friday. Following Monday, no oral arguments are scheduled and no non-capital orders are expected to be issued until at least January 9.
The Justices are scheduled to hold a private conference this morning, orders from which could be released as early as this afternoon. We will provide coverage of any developments. To view our list of petitions to watch at today’s conference, click here.
UPDATED 5:15 p.m.
Today’s orders list is available here. The Court granted certiorari in Polar Tankers v. City of Valdez (08-310) and in the consolidated cases of Travelers Indemnity v. Bailey, et al. (08-295) and Common Law Settlement Counsel v. Bailey, et al. (08-307).
The federal judge coordinating the cases of some 200 Guantanamo Bay detainees challenging their long-term confinement gave hints on Wednesday that he may re-shape somewhat how those cases are to be handled by more than a dozen other federal judges.
No oral arguments are scheduled and no non-capital orders are expected to be issued today from the Court. Oral arguments will resume January 12.
Late last week, the federal government recommended the Court grant certiorari in Republic of Iraq v. Beaty (07-1090), involving federal court jurisdiction over claims against Iraq for conduct that occurred under Saddam Hussein.
At 10 a.m., the Court will hear argument in Ashcroft v. Iqbal (07-1015), involving a suit against former Attorney General John Ashcroft and FBI Director Robert Mueller over allegations of racial and religious discrimination against post-9/11 Muslim detainees.
At 10 a.m. Wednesday, the Supreme Court will hear arguments in Ashcroft, et al., v. Iqbal (07-1015). Solicitor General Gregory G. Garre, in an indication of the importance of the case to the government, will argue himself for the present and former officials of the Bush Administration.
Analysis With Chief Justice John G. Roberts, Jr., discussing what might be a For-9/11-Only rule to limit lawsuits against high government officials during crisis times, the Supreme Court on Wednesday seemed to be edging toward embracing a new form of legal immunity.
The transcript of the argument in Ashcroft v. Iqbal (07-1015) is now available here. The transcript of the argument in AT&T Corp. v. Hulteen (07-543) is now available here.
At 10 a.m., the Court will hear argument in Arizona v. Johnson (07-1122), on whether police may frisk car passengers they believe may be armed but have no reason to suspect have committed any crime.
Analysis Along the way toward reaching a major new issue on police authority, and hinting that some Justices were ready to uphold at least some expansion, the Supreme Court on Tuesday got diverted into a question it has never decided.
The transcript of today’s argument in Arizona v. Johnson (07-1122) is now available here. The transcript of today’s argument in Cone v. Bell (07-1114) is now available here.
At 10 a.m., the Court will release the remaining orders from the Justices’ private conference last Friday. (Click here for the orders released Friday afternoon.)
At 10 a.m. Tuesday, the Supreme Court will hear arguments in Arizona v. Johnson (07-1122). Arguing for the state will be Assistant Attorney General Joseph L. Parkhurst. Toby Heytens, assistant to the U.S. Solicitor General, will argue for the federal government as amicus in support of Arizona.
In advance of today’s argument in Peake v. Sanders (07-10374), Stanford student Lisa Ehrlich prepared this write-up of the case for SCOTUSwiki. Argument Preview The Veterans Claims Assistance Act (VCAA) requires the Secretary of Veterans Affairs to provide veterans who seek disability benefits with notice of any additional information or evidence required to prove their claims.
A copy of today’s orders list is now available here. The Court invited the views of the Solicitor General in one case — Graham County Soil and Water Conservation District, et al. v. United States, ex rel.
The Supreme Court on Monday asked the U.S. Solicitor General to provide the government’s views on the scope of the federal False Claims Act — the law that allows private individuals to sue to recover federal funds that allegedly were misspent.
The Supreme Court on Monday released the oral argument calendar for the session beginning Monday, Feb. 23, and continuing through Wednesday, March 4. The calendar can be found here. All of the hearings will be in the mornings.
In Tuesday’s oral argument in Entergy v. Riverkeeper (No. 07-588, consolidated with Nos. 07-589 and 07-597), the Supreme Court considered Section 316(b) of the Clean Water Act, which provides that “[a]ny standard…applicable to a point source shall require that the location, design, construction,
The transcript of today’s argument in Peake. v. Sanders (07-1209) is now available here. The transcript of today’s argument in Pacific Bell v. linkLine Communications (07-512) is now available here.
On Monday, the Court will release the remaining orders from the Justices’ private conference last Friday. Following the release of orders, the Court will hear argument in: Peake. v. Sanders (07-1209), involving who bears the burden of showing the failure of the Department of Veterans Affairs to give statutorily required notice to benefits claimants was or was not prejudicial.
Nancy Leong has posted “The Saucier Qualified Immunity Experiment: An Empirical Analysis on SSRN,” see here. With the continued viability of Saucier hanging in the balance in Pearson v. Callahan, which will be decided this Term, Leong’s article is very timely.
The Justices are scheduled to hold a private conference this morning. Any grants of certiorari could be announced this afternoon, while all other orders are expected to be released on Monday. To view our list of petitions to watch at today’s conference, click here.