Today at the Supreme Court | 3.31.08
At 10 a.m., the Court is expected to release one or more opinions, as well as orders from the Justices’ private conference last Friday. We will post copies of both as soon as they become available.
March 2008 Archive
Showing 1–50 of 109 items published in March 2008, most recent first.
Today’s Orders
A copy of today’s orders list — including grants of certiorari in two cases — is now available here. As they become available, all available certiorari-stage filings will be posted after the jump. __________________ Docket: 07-665 Case name: Pleasant Grove City, Utah v. Summum Issue: Whether, under the First Amendment, privately donated monuments placed in a public park qualify as private or government speech.
Government rebuffed on Capitol Hill searches
FURTHER UPDATED 11:45 a.m. This update includes, in the concluding paragraphs of the post, a report on an order issued on Sunday by Justice Anthony M. Kennedy in a California parole case.
The Week Ahead
No oral arguments are scheduled this week. On Monday, the Court is expected to release one or more opinions, as well as orders from the Justices’ private conference last Friday. No petitioners’ merits briefs are due this week.
Argument recap: US v. Ressam
Based on the briefs filed in Ressam, the heart of the issue before the Court is the proper interpretation of Section 844(h)(2). The oral argument was brief and did not seem to cover any new ground. Attorney General Michael Mukasey ran into some opposition in his initial argument before the Court.
Today at the Supreme Court | 3.28.08
The Justices are scheduled to hold a private conference at 10 a.m. If any orders are released this afternoon, we will post them promptly. To view our list of petitions to watch at today’s conference, click here.
Argument recap: Riley v. Kennedy
Though this appeal presented two questions to the Court, the first concerning the timeliness of the Governor’s appeal, the justices seemed interested only in the second question: Whether voting-related changes brought about by State court orders are covered by § 5.
Today at the Supreme Court | 3.27.08
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court today. If any orders are issued in pending cases, we will post them promptly.
Petitions to Watch | Conference of 4.11.08
The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of April 11. As always, the list reflects the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.
State of the Practice
As we turn to the Term’s final month of arguments, I thought I would write a short update on the cases in which we’re involved. Akin (either alone or with the Stanford Supreme Court Litigation Clinic) is currently counsel to a party in twelve merits cases.
Medellin Discussion Board: The Ball is In Congress’s Court
This post is part of our Discussion Board regarding the Court’s decision in Medellin v. Texas. The following entry is by Kent Scheidegger of the Criminal Justice Legal Foundation. He filed an amicus brief in support of Texas, on behalf of that organization and Randy and Sandra Ertman.
Today at the Supreme Court | 3.26.08
At 10 a.m., the Court is scheduled to hear argument in Indiana v. Edwards (07-208) on whether defendants found competent to stand trial maintain a right to self-representation.
More on Yesterday’s Decision in Hall Street v. Mattel
The Hall Street SCOTUSwiki page is now updated with Christian Davis’ entry on yesterday’s decision. Find it here. Christian is a law student at Georgetown University and was a summer associate at Akin in 2007.
Argument Recap: Republic of the Philippines v. Pimentel
Stanford student Anna Neill’s recap of oral argument in Republic of the Philippines v. Pimentel is now available on SCOTUSwiki. Read her latest entry here.
Analysis: Competency and the criminal trial
With Justice Antonin Scalia energetically and repeatedly making the case for a simple rule, the Supreme Court on Wednesday showed a reluctance to add a new layer of complexity to criminal trials when a person with a significant mental defect wants to act as his own defense lawyer.
Commentary: Further Thoughts on Munaf/Omar Oral Argument
Kevin had this to say about yesterday’s argument in the consolidated cases of Munaf v. Geren (06-1666) and Geren v. Omar (07-394). I wanted to add a few additional thoughts about the Munaf/Omar argument yesterday, specifically with respect to the jurisdictional question.
Today’s Transcripts
The transcript of today’s argument in Indiana v. Edwards (07-208) is now available here. The transcript of today’s argument in Florida Dept. of Revenue v. Piccadilly Cafeterias (07-312) is now available here.
New StatPack, Plus More on Monday’s Orders
A new edition of this Term’s StatPack is here. Note that we have not included a case list in this download, but the SCOTUSwiki case indices have been updated to reflect the latest opinions and grants; OT07 is here, and OT08 is here.
Argument recap: US v. Clintwood Elkhorn Mining Company
Arguing for the United States as petitioner, Assistant to the Solicitor General William M. Jay began by emphasizing that the respondents sought and obtained a refund for the most recent three years of taxes they paid on coal exports.
Today at the Supreme Court | 3.25.08
At 10 a.m., the Court is scheduled to hear argument in the consolidated cases of Munaf v. Geren (06-1666) and Geren v. Omar (07-394) on federal courts’ jurisdiction over habeas claims of U.S. citizens held in Iraq.
Court rules on court review of arbitration
The Supreme Court, in the first of its decisions Tuesday, ruled that parties to a contract may not agree by their contract terms to broader court review of an arbitration agreement and thus go beyond what federal law allows.
States win over President on criminal law issue
UPDATED 1:49 p.m. The Supreme Court, in a sweeping rejection of claims of power in the presidency, ruled 6-3 on Tuesday that the President does not have the authority to order states to relax their criminal procedures to obey a ruling of the World Court.
Commentary: The Executive Power Question Might Not be the Most Important Aspect of Medellin
[NOTE: This post adapted from a quick reaction posted over at Opinio Juris — please excuse the more-informal-than-usual, and somewhat contentious, tone.]
Today’s Transcripts
The transcript of today’s argument in the consolidated cases of Munaf v. Geren (06-1666) and Geren v. Omar (07-394) is now available here. The transcript of today’s argument in United States v. Ressam (07-455) is now available here.
Commentary: A simple argument made confusing
Commentary When several Justices of the Supreme Court tell an attorney they do not understand his argument, and they do so because the argument was, indeed, fundamentally confusing, the chances of winning may be significantly reduced.
Medellin Discussion Board: The Court Defers to Congress
The following post is part of a Discussion Board about today’s decision in Medellin v. Texas. This entry was written by Ricahrd Samp of the Washington Legal Foundation.
Medellin Discussion Board: The Case Going Forward
This post is part of our Discussion Board regarding the Court’s decision in Medellin v. Texas. The following entry is by Professor Ernie Young of Duke Law School. He filed an amicus brief in support of Texas, on behalf of Constitutional and International Law Scholars.
Opinion recap: Hall Street v. Mattel
In a 6-3 opinion, the Supreme Court ruled that the Federal Arbitration Act contains the exclusive grounds for promptly vacating or modifying an arbitral award. Justice Souter’s opinion rejects petitioner’s argument that parties may contractually agree to expanded grounds of review.
Argument Preview: US v. Clintwood Elkhorn Mining Company
Alan Bakowski wrote the following brief preview of Tuesday’s argument in US v. Clintwood Elkhorn Mining Company. Find it in its entirety here on SCOTUSwiki. (Disclosure: Akin Gump represents the respondents in the case. Alan is not affiliated with Akin and was not involved in the case.)
Today at the Supreme Court | 3.24.08
At 10 a.m., the Court is scheduled to hear argument in Burgess v. United States (06-11429) on what qualifies as a “felony drug offense” for federal sentencing purposes.
Today’s Orders
A copy of today’s orders list — containing grants of certiorari in two cases — is now available here.
Court rejects campaign ad case
UPDATED to 10:50 a.m. The Supreme Court on Monday summarily rejected an appeal by a conservative advocacy group seeking a chance to use radio and TV ads to promote a movie critical of presidential candidate Hillary Clinton.
Conference Call: A Monumental Decision for the High Court
The following column by Akin Gump associate Troy D. Cahill, featuring a selected petition up for consideration at the Justices’ private conference on March 28, appears in today’s edition of Legal Times (available to subscribers here).
Today’s Transcripts
The transcript of today’s argument in Burgess v. United States (06-11429) is now available here. The transcript of today’s argument in United States v. Clintwood Elkhorn Mining Company (07-308) is now available here.
Argument preview: United States v. Clintwood Elkhorn Mining Company
Background This case involves three companies’ efforts to obtain a refund of taxes they paid on coal exports after it was determined that the export tax was unconstitutional.
The Week Ahead
On Monday, the Court is scheduled to hear argument in Burgess v. United States (06-11429) on what qualifies as a “felony drug offense” for federal sentencing purposes, in United States v. Clintwood Elkhorn Mining Company (07-308) on whether a company that failed to meet the Tucker Act statute of
Argument preview: Munaf v. Geren/Geren v. Omar
As the war in Iraq entered its sixth year, the Supreme Court had before it for the first time test cases growing out of the U.S. military’s involvement in that conflict.
Argument preview: US v. Ressam
Argument Preview 18 U.S.C. § 844(h)(2) prescribes a mandatory minimum sentence of ten years for any person who “carries an explosive during the commission of any felony which may be prosecuted in a court of the United States.” The question before the court is whether this provision requires that the explosive be carried “during and in relation to” the underlying felony.
Today at the Supreme Court | 3.21.08
The Justices are scheduled to hold a private conference at 10 a.m. If any orders are released this afternoon, we will post them promptly. To view our list of petitions to watch for today’s conference, click here.
Details on Oral Argument in Chamber of Commerce v. Brown
Note: The following piece about oral argument in Chamber of Commerce v. Brown was written by Micah Block, a student in the Stanford Law School Supreme Court Litigation Clinic.
Today at the Supreme Court | 3.20.08
No oral arguments are scheduled and no non-capital orders are expected to be issued from the Court today. If any orders are issued in pending cases, we will post them promptly.
Argument Preview: Riley v. Kennedy
Thomas Haymore wrote this brief preview of Monday’s argument in Riley v. Kennedy. Read his full entry on SCOTUSwiki. Please note that Thomas was one of the students on the Stanford team representing the appellees.
Argument Preview: Iraq detainee cases
The Argument Preview of the cases of two U.S. citizens now being detained in Iraq — Munaf v. Geren (06-1666) and Geren v. Omar (07-394) — that are scheduled for argument at 10 a.m. next Tuesday is now available on ScotusWiki at this link. The cases are consolidated for one hour of argument.
Argument preview: Indiana v. Edwards
Argument Preview The state of Indiana as petitioner argues for states to have the leeway to deny otherwise competent defendants the opportunity to represent themselves at trial when those defendants cannot communicate coherently with the court or jury.
Today at the Supreme Court | 3.19.08
At 10 a.m., the Court is scheduled to hear argument in Richlin Security Service v. Chertoff (06-1717), involving the rate at which paralegal services should be compensated for prevailing parties awarded attorneys’ fees.
Court finds flaws in La. jury choice
The Supreme Court ruled 7-2 on Wednesday that the trial judge in a Louisiana murder case — one that involved a prosecutor’s use of the O.J. Simpson case to try to help win a death sentence against a black man — was wrong in rejecting a challenge to the denial of a seat to one black juror.
Argument Preview: Richlin Security Service Co. v. Chertoff
Amy wrote the following preview of today’s argument in Richlin Security Service v. Chertoff. Please note that Amy represented amici National Association of Legal Assistants, et al., at both the cert. and merits stage.
Today’s Transcripts
The transcript of today’s argument in Richlin Security Service v. Chertoff (06-1717) is now available here. The transcript of today’s argument in in Chamber of Commerce v. Brown (06-939) is now available here.
MP3 Version of Guns Argument Available
The Supreme Court website Oyez.org has posted the audio to yesterday’s argument in DC v. Heller in much-requested downloadable mp3 format here. You can also listen and simultaneously follow along with the transcript using Oyez’s custom plugin here.
Job Opening: Special Assistant to Tom Goldstein
If you are a college senior or recent undergraduate who is contemplating law school but would like to first work in the DC legal world for two years beginning this summer, we are currently accepting applications for the position of special assistant to Tom Goldstein.