Today at the Supreme Court | 5.30.08
Oral arguments have concluded for the term. If any orders are issued today in pending cases, we will post them promptly.
May 2008 Archive
Showing 1–50 of 77 items published in May 2008, most recent first.
Opinion Recap: Riley v. Kennedy
Thomas Haymore discusses the opinion in Riley v. Kennedy (07-77) below. Please note that Thomas was on the Stanford Supreme Court clinic team that worked on the case on behalf of the appellees.
Recent Filing: Cert Reply in Baker v. Chisom
Earlier this afternoon, we filed this reply to the brief in opposition in Baker v. Chisom (07-1082), a civil rights case involving pleading standards under 42 U.S.C. 1983. To access previous filings in the case, click here for our list of petitions to watch at the June 12 conference.
Federal court upholds voting rights extension
In a case almost certainly headed to the Supreme Court this summer or fall, a three-judge federal court in Washington, D.C., on Friday upheld Congress’ 25-year extension of a key provision of the Voting Rights Act originally passed in 1965 and repeatedly extended since then.
Today at the Supreme Court | 5.29.08
The Justices are scheduled to hold a private conference this morning, orders from which are expected to be released on Monday. To view our list of petitions to watch at today’s conference, click here.
New StatPack, Plus a Docket Update
A new StatPack is available, and it can be downloaded here. Additionally, we periodically write posts (see here for the latest one) with updates on the state of the docket, and with four Conferences to go until the Summer Recess, it’s time for another rundown of the Court’s caseload for OT08.
Continuing Analysis: CBOCS v. Humphries and Gomez-Perez v. Potter, Part II
This post continues a discussion of Tuesday’s decisions in CBOCS v. Humphries, and Gomez-Perez v. Potter, that I started here. III. Gomez-Perez and the Meaning of Silence The plaintiff in Gomez-Perez alleged that after she complained about age discrimination at a federal agency, she was subject to various forms of retaliation.
Clement to teach
Departing U.S. Solicitor General Paul D. Clement will join the Georgetown University Law Center in June as a visiting professor and senior fellow at the Center’s Supreme Court Institute. Clement’s last day at the Justice Department is Monday. The Georgetown announcement can be found here.
Today at the Supreme Court | 5.28.08
Oral arguments have concluded for the term. If any orders are issued today in pending cases, we will post them promptly.
Petitions to Watch | Conference of 6.12.08
The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of June 12. 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.
Analysis: CBOCS v. Humphries and Gomez-Perez v. Potter
I don’t really know of anyone (with the possible exception of defendants and their lawyers in particular cases) who thinks that it should be legal for someone to retaliate against an individual who seeks to enforce their federal civil rights.
Today at the Supreme Court | 5.27.08
At 10 a.m., the Court is expected to issue one or more opinions, as well as orders from the Justices’ private conference last Thursday. We will provide links to both as soon as they are available.
Today’s Orders
A copy of today’s orders list is now available here. The Court granted no new cases for review. The Court called for the view of the Solicitor General in United States in Iraq v. Beaty, et al.
Court protects against retaliation
In two separate rulings, the Supreme Court declared on Tuesday that federal law barring workplace discrimination protects workers against retaliation if they complain about bias on the job.
More on the SG’s brief in Ministry of Defense v. Elahi
As we noted on Friday, the SG’s office filed a brief recommending a GVR in No. 07-615, Ministry of Defense v. Elahi. Guest blogger Luisa Caro has more on the background of the case, the cert. papers, and the SG’s brief (available here).
No delay of Virginia execution
UPDATE Tuesday night Virginia Gov. Tim Kaine turned down a request for clemency, allowing the execution of Kevin Green to proceed. A statement by the governor can be found here. The Supreme Court early Tuesday evening refused to delay the execution in Virginia of Kevin Green.
Academic Round-Up
With summer here, I have finally caught up on much of my reading after a busy semester. There are a number of articles out there that deserve some attention for their analysis of recent Supreme Court decisions.
The Week Ahead
The Court will be closed Monday in observance of Memorial Day. On Tuesday, the Court is expected to release at least one opinion, as well as orders from the Justices’ private conference last Thursday.
Today at the Supreme Court | 5.23.08
Oral arguments have concluded for the term. If any orders are issued today in pending cases, we will post them promptly.
SG recommends antitrust grant, FTC objects
UPDATE Friday evening The Federal Trade Commission, in an unusual but not unprecedented step, disclosed on Friday that it does not agree with the Solicitor General that the Court should hear the case discussed in this post.
Reply Brief in Cone v. Bell
Yesterday, Akin Gump and the Stanford Clinic filed this reply brief in the case of Cone v. Bell. The issue is whether a federal habeas claim is “procedurally defaulted” because it has been presented twice to the state courts, and whether a federal habeas court is powerless to recognize that a state court erred in holding that state law precludes reviewing a claim.
SG recommends denial in foreign suit injunction cases
UPDATE: 2:35 p.m. This afternoon, the Solicitor General recommended the Court grant, vacate and remand the decision below in Ministry of Defense v. Elahi (07-615).
Government resists new Al-Marri maneuver
The Justice Department on Friday suggested to an appeals court that a new dispute over destruction of tape recordings of harsh tactics used in interrogating a detainee are beyond that court’s reach in a pending case.
Canada Court denounces U.S. detentions
UPDATED AND EXPANDED 6:20 p.m. Friday Canada’s Supreme Court ruled Friday that the U.S. “regime” for detaining a teenage Canadian at Guantanamo Bay amounted to “a clear violation of fundamental human rights protected by international law,” at least in 2003 when the youth was interrogated at the U.S. Navy base in Cuba.
BIO filed today in Green v. Chilton County Commission
The Stanford Supreme Court Litigation Clinic today filed this Brief in Opposition in the case of Green v. Chilton County Commission, 07-1124. The case concerns a challenge to two provisions of a 1988 consent decree governing the composition of the Chilton County (Alabama) Commission.
SG recommends grant in ERISA, capital cases
Earlier this afternoon, the Solicitor General recommended the Court grant certiorari in Amschwand v. Spherion Corp. (07-841) and Harbison v. Bell (07-8521).
Today at the Supreme Court | 5.22.08
The Justices are scheduled to hold a private conference at 10 a.m., orders from which are expected to be released the Tuesday after Memorial Day. To view our list of petitions to watch at today’s conference, click here.
Deputy SG Thomas Hungar To Depart From SG’s Office
We have learned that Deputy Solicitor General Thomas Hungar resigned some time before General Clement announced his resignation, and he will be leaving the office soon. He has not announced future plans.
Reply Brief in Tyson Foods v. De Ascencio
On Tuesday, Akin Gump filed this reply brief in the case of Tyson Foods, Inc. v. de Ascencio.
Georgia inmate spared
A state pardon board in Georgia on Thursday nullified the death sentence of Samuel David Crowe, substituting a sentence of life without parole. Crowe, sentenced to die for a 1988 murder and armed robbery of a lumber store clerk, had been scheduled to die by lethal injection at 6 p.m. Thursday.
UPDATE: Mississippi execution allowed
UPDATE: Wednesday 5:58 p.m. The Supreme Court refused in late afternoon Wednesday to delay the execution in Mississippi — scheduled for 6 p.m. — of Earl Wesley Berry, and also denied review of his two new appeals. The full Court acted, and there was no indication of any dissent.
Today at the Supreme Court | 5.21.08
Oral arguments have concluded for the term. If any orders are issued today in pending cases, we will post them promptly.
Petitions to Watch | Conference of 6.5.08
The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of June 5. 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.
Today at the Supreme Court | 5.20.08
Oral arguments have concluded for the term. If any orders are issued today in pending cases, we will post them promptly.
SG Invitation Brief: Progress Energy v. Taylor
On Friday the Solicitor General’s office filed this invitation brief in No. 07-539, Progress Energy v. Taylor.
Today at the Supreme Court | 5.19.08
At 10 a.m., the Court is expected to issue one or more opinions, along with orders from the Justices’ private conference last Thursday. We will provide coverage of both as soon as they are available.
Today’s Orders
A copy of today’s orders list is now available here.
Court allows taxing bond interest, attack on child porn
The Supreme Court ruled Monday that a state has the constitutional authority to impose a tax on the interest on municipal bonds sold by other states, while not taxing in-state bonds.
Analysis: When does “public purpose” justify protectionism?
Analysis One obvious motivation, and one somewhat more subtle, drove the Supreme Court on Monday to salvage the most common form of state taxing of money that investors make when they buy state or local government bonds — “municipal bonds,” in market parlance.
More on United States v. Williams
Based on the facts of the case, Michael William’s conviction would not seem problematic – he was caught offering to exchange photographs of adult men sexually molesting his 4-year-old daughter in exchange for other pictures of child pornography and, to substantiate his bona fides, posted on an internet chat site several pictures of children, aged 5 to 15, engaged in sexually explicit conduct.
The Week Ahead
On Monday, the Court is expected to issue one or more opinions, along with orders from the Justices’ private conference last Thursday. On Thursday, the Justices are scheduled to hold a private conference, orders from which are expected to be released the Tuesday after Memorial Day.
Today at the Supreme Court | 5.16.08
Oral arguments have concluded for the term. If any orders are issued today in pending cases, we will post them promptly.
UPDATE: Hamdan trial delayed
Update 7:15 a.m. Saturday On Friday afternoon, the military judge heading the commission scheduled to try Salim Ahmed Hamdan postponed the date for starting that trial until July 21.
SG urges denial in Indonesia case
The U.S. Solicitor General on Friday urged the Supreme Court not to get involved, at this stage, in a lawsuit in U.S. courts by villagers in Indonesia claiming they were abused by guards at a natural gas plant operated there by Exxon Mobil Corp. and affiliates. Sol.
Today at the Supreme Court | 5.15.08
The Justices are scheduled to hold a private conference at 10 a.m., orders from which are expected to be released on Monday. To view our list of petitions to watch at today’s conference, click here.
Al-Marri’s new challenge to detention
In a new phase of the continuing controversy over destruction of government recordings showing harsh interrogation tactics used on detainees, attorneys for a Qatari national argued in a federal appeals court filing Wednesday that new evidence shows he is being wrongly held.
Upcoming Invitation Briefs
Last week the Solicitor General filed this invitation brief recommending that certiorari be denied in No. 06-1398, AT&T Pension Benefit Plan v. Call, a case involving the standard of review for certain ERISA benefits determinations and the propriety of an award of prejudgment interest.
Tom Goldstein Wants To Be Your Lawyer
Last year, Tom posted this video of how he uses his iPhone, which some readers commented was potentially an effective form of advertising. Tom decided to take it to a whole new, more direct level. The results are below. Enjoy!
Today at the Supreme Court | 5.14.08
Oral arguments have concluded for the term. If any orders are issued today in pending cases, we will post them promptly.
Opinion Recap: Gonzalez v. US
Recent Stanford Law graduate Scott Stewart authored this recap of Monday’s decision in Gonzalez v. US. Visit the Gonzalez SCOTUSwiki page, here, to find background information on the case.
12