Divisiveness by the numbers: A look at OT 2007
Last Thursday marked the end of the Supreme Court’s October Term 2007, and once again, Court-watchers are looking to describe the overall theme of the term.
June 2008 Archive
Showing 1–50 of 149 items published in June 2008, most recent first.
Circuit Court: No detention based on “bare assertions”
In a significant rebuff of Pentagon policy on detainees, the D.C. Circuit Court has ruled that individuals cannot be labeled as enemies of the U.S. based on “bare assertions” not supported by “independent sources” that would make the claims reliable.
Criminal Law Voting Records
While the Supreme Court’s opinions this Term produced sweeping rulings on the death penalty and on the rights of enemy combatants, the criminal law docket in OT07 was all about the details.
A plea on crime victims’ rights
In the first attempt to get the Supreme Court to clarify the rights of crime victims under a 2004 federal law, lawyers for 12 victims of an explosion three years ago at an oil refinery in Texas have asked the Supreme Court to delay a federal judge’s action on a plea agreement that would settle federal criminal charges against a large oil company.
Circuit Court: No damages for “rendition”
NOTE: The legal controversies arising out of the war-on-terrorism often lead to important tests of major Supreme Court precedents. The decision discussed here examines the scope of the Court’s 1971 decision in Bivens v. Six Unknown Federal Narcotics Agents, allowing money damage claims against federal officials for violating individuals’ constitutional rights.
The Week Ahead
The Court has recessed for the summer. The opening conference for next term is scheduled for September 29, and oral arguments will resume October 6. On Tuesday, the American Constitution Society and the Federalist Society will host separate panels reviewing the recently completed term.
Analysis: The political playing field
Analysis Eighteen years ago, Justice Antonin Scalia complained that a Supreme Court decision he did not join carried an Orwellian message, abhorrent to the Constitution. He wrote, sarcastically: “Attention all citizens.
Debate over Boumediene‘s meaning
Lawyers for the Pentagon and for detainees now held at Guantanamo Bay have already engaged in a debate — at least in summary form — over the meaning of the Supreme Court’s June 12 ruling in Boumediene v. Bush (06-1195).
More Second Amendment cases
The National Rifle Association on Friday began its courthouse campaign to extend the Second Amendment in order to restrict gun control laws in San Francisco, Chicago and three Chicago suburbs.
DC v. Heller Round-Up
Not surprisingly, yesterday’s decision in DC v. Heller (07-290) has generated a lot of interest in both the media and legal blog communities. Below, we’ve linked to a number of the substantive articles and posts currently available. Nina Totenberg’s coverage on NPR can be accessed here.
Today at the Supreme Court | 6.27.08
The Court has recessed for the summer. At 10 a.m., the Clerk will release final orders in pending cases. We will provide coverage of any developments.
Exxon Discussion Board: Beyond Maritime Law
The following post was written by Richard Samp of the Washington Legal Foundation, who filed an amicus brief in in support of Exxon Shipping. By recusing himself from this case, Justice Alito may have done a tremendous favor to appellate lawyers seeking guidance regarding limitations on punitive damages awards.
Heller Discussion Board: Substantial Victory for American Gun Owners?
The following post was written by Daniel L. Schmutter, an attorney in West Orange, New Jersey. He filed an amicus brief on behalf of Jews for the Preservation of Firearms Ownership in support of the respondent.
Today’s Orders | 6.27.08
A copy of today’s orders list — including grants of certiorari in two cases — is now available here. All available filings in the granted cases are available after the jump. __________________ Docket: 07-984 and 07-990 Case name: Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, et al. and Alaska v. Southeast Alaska Conservation Council, et al.
Court grants 2 more cases
Winding down the 2007-08 Term, the Supreme Court agreed on Friday to add two more cases to its decision docket for the next Term: a test case on dumping fill dirt into waterways, and a case on a defense lawyer’s duty to put forth the only argument available to aid the client.
Heller Discussion Board: Miller, Colt .45s and Natural Law
The following post was authored by David Kopel of the Independence Institute, who filed an amicus brief in Heller in support of the respondents on behalf of the International Law Enforcement Educators and Trainers Association and others.
New case tests Second Amendment’s reach
In a newly filed lawsuit in federal court in Chicago, two gun rights organizations and four individuals asked that the Second Amendment be extended to block strict gun laws at the state and local level. “The Second Amendment right,” the complaint contended, “is incorporated as against the states
Gauging Interest In The Guns Case
Yesterday spawned a level of intense online interest in a Supreme Court decision like we at SCOTUSblog have never seen before. We thought we’d let you know a few of our statistics just to give you an idea of how significant this decision was. Hits.
Today at the Supreme Court | 6.26.08
The Justices are expected to release all three of the remaining opinions — including the ruling in the D.C. gun case — at their public session beginning at 10 a.m. We will provide coverage of all developments via our “LiveBlog,” a reminder for which appears below.
LiveBlog: Opinions | 6.26.08
Note to readers: beginning at 10 a.m. Eastern, we will provide “live” coverage of the final session of the Supreme Court term. The Justices are expected to release opinions in all three remaining cases, including the decision in District of Columbia v. Heller (07-290) on the scope of the right to bear arms under the Second Amendment.
Opinion Recap: Rothgery v. Gillespie County
Stanford student Patrick Nemeroff offers this summary of Monday’s decision in Rothgery v. Gillespie County. On Monday, the Supreme Court ruled 8-1 in Rothgery v. Gillespie County that a defendant’s Sixth Amendment right to counsel attached after his initial appearance before a magistrate where he was informed of the charges against him, the Fourth Amendment probable-cause determination was made, and bail was set.
Court: A constitutional right to a gun
The opinion can be downloaded here. Relevant quotes from the majority opinion can be found here, and a replay of our LiveBlog can be found here. Tom’s commentary is here.
Heller Opinion
Download it here.
Heller quotes from the majority – opinion is linked in the next post
Updated: 1:30 p.m. “Logic demands that there be a link between the stated purpose and the command.” (4) “But apart from that clarifying function, a prefatory clause does not limit or expand the scope of the operative clause.” (4) “But where the text of a clause itself indicates that it does not
My Sense of the Bottom-Line from Heller (updated at 11:30)
Individuals have a constitutional right to possess a basic firearm (the line drawn is unclear, but is basically those weapons in general lawful use and does not extend to automatic weapons) and to use that firearm in self-defense.
Heller Discussion Board: “Clarity is in the Eye of the Beholder”
Below, Alan B. Morrison writes what is to be the first of a series of Discussion Board posts on today’s DC v. Heller decision. Alan, who formerly worked for the District and signed its merits brief in the Supreme Court, is now Special Counsel for the Fair Elections Legal Network and Co-Founder/Former Director of the Public Citizen Litigation Group.
Heller Discussion Board: Incorporation and the Need for Further Litigation
The following post was written by David J. Schenck of the Jones Day office in Dallas. He filed an amicus brief on behalf of State Firearm Associations in support of the respondents.
Commentary: So, what’s next on guns?
Commentary If the Supreme Court’s historic ruling on gun rights brings about, as the dissenters said, “a dramatic upheaval in the law,” perhaps that was enough of a task to perform for one day.
Exxon Discussion Board: Maritime Law, the Courts and Congress
The following is a part of our Exxon Discussion Board series. John Paul Jones is a professor at the University of Richmond School of Law who specializes in admiralty law. Disclosure is due. I write by invitation.
Exxon Discussion Board: Policing Punitive Damages
The following is part of our ongoing Exxon Discussion Board series. Alexandra B. Klass is an Associate Professor at the University of Minnesota Law School and a Member Scholar of the Center for Progressive Reform.
Kennedy Round-Up
Even with today’s big decision, we wanted to round up some of the articles and blog posts about yesterday’s decision in Kennedy v. Louisiana. Stay tuned for another round-up in Heller. This morning’s papers included a good deal of coverage of yesterday’s decision in Kennedy v. Louisiana.
Thanks for Visiting
We’re just clearing 300,000 hits today from more than 100,000 unique visitors (roughly 170,000 by our counter, but I think that figure is deceiving). We never before exceeded 100,000 hits in a day, and today’s number is actually lowered by the fact that we had the live blog up so that (thankfully for our servers) readers did not have to refresh during our period of peak use around 10am Eastern.
More Grants on the Way?
Before the Court officially recesses for the summer, the Clerk will issue a list of final orders in pending cases tomorrow at 10 a.m. If prior years are any indication, the orders list may include additional grants of certiorari in cases considered earlier today at the Justices’ final (unscheduled) conference.
End of Term “Super StatPack”
Here, in one download, are all of our stats, figures, charts, lists, and observations about the just-concluded Term. In addition to our regular inclusions, we’ve added several additional pieces of data and two new lists to this “Super StatPack,” and for these we can thank not only Ben but Brian Sagona, Kristina Moore, and Max Schwartz, our three terrific new additions to the team.
Heller Discussion Board: A Toe in the Water
The following post was written by Professor Carl T. Bogus of Roger Williams University School of Law, who was counsel for historians who filed an amicus brief in support of the District of Columbia. He is the author of numerous articles on the Second Amendment and gun control policy.
Opinion recap: Davis v. FEC
Eighteen years ago, Justice Antonin Scalia complained that a Supreme Court decision he did not join carried an Orwellian message, abhorrent to the Constitution. He wrote, sarcastically: “Attention all citizens.
Today at the Supreme Court | 6.25.08
The Justices are expected to release at least one of the seven remaining opinions at their public session beginning at 10 a.m. We will provide coverage of all developments via our “LiveBlog,” a reminder for which appears below.
LiveBlog: Opinions | 6.25.08
Note to readers: beginning at 10 a.m. Eastern, we will provide “live” coverage of the Court’s public session, during which the Justices are expected to issue at least one of the seven opinions remaining this term. In the “LiveBlog” below, we will relay all developments as quickly as possible.
Death penalty barred for child rape
Barring the death penalty for any crime that does not take the life of an individual victim, the Supreme Court ruled Wednesday that it is unconstitutional to impose the death penalty for the crime of raping a child.
An Initial Thought on Exxon and Kennedy
I expect that over the next few days a lot of ink will be spilled by a lot of people much smarter than I about the similarities between the Court’s decisions today in Exxon and Kennedy.
Analysis: A new day on punitive damages law
Analysis Conspicuous in the Supreme Court’s lengthy and scholarly review Wednesday of the role punitive damages verdicts play in punishing serious wrongdoing, especially by big corporations, there is this crucially significant statement: “The real problem, it seems, is the stark unpredictability of
Judges to meet on detainee plans
The judges on the U.S. District Court in Washington who will soon begin carrying out the Supreme Court’s ruling on the legal rights of Guantanamo Bay detainees will meet next Tuesday to start making plans, Chief Judge Royce C. Lamberth said on Wednesday.
Exxon Discussion Board: Court Draws Clear Lines for Punitive Damages
Below, Amy J. Wildermuth writes what is to be the first of a series of Discussion Board posts on today’s Exxon v. Baker decision. She is an associate professor at the University of Utah S.J. Quinney College of Law, and she filed an amicus brief on behalf of the Pacific Coast Federation of Fishermen’s Associations and Institute for Fisheries Resources in support of the respondents.
Live Chat at 3 PM eastern on WashingtonPost.com
Beginning at 3 pm eastern this afternoon, Tom will be doing a live chat on WashingtonPost.com discussing today’s decisions in Kennedy v. Louisiana and Exxon v. Baker. You can follow along or participate in the chat here.
Commentary: Death penalty options narrow
Commentary The future of the death penalty as a constitutional matter might well be gauged by two bold declarations in the most significant cases on capital punishment that the Supreme Court decided this term.
Exxon Discussion Board: “A Further Attempt to Reel in Punitive Damage Awards”
Richard Garbarini is an associate at Kreindler & Kreindler LLP and co-author of an Amicus Brief filed on behalf of the ship masters and expert mariners Captains Mitchell Stoller, Joseph Ahlstrom, Roger Johnson, John Scott Merill and Tom Trosvig in support of respondents.
Navy seeks early hearing in sonar case
U.S. Navy leaders have asked the Supreme Court to move up on next Term’s argument calendar their appeal testing the power of courts to curb the use of sonar transmissions during training exercises at sea, in order to protect whales and dolphins.
Analysis: A way around the Giles rule
Analysis The Supreme Court ruling reinforcing the right to confront witnesses in a criminal trial turns out, at least for some cases, to be fairly easy for prosecutors to get around.
Today at the Supreme Court | 6.24.08
Oral arguments have concluded for the term. No non-capital orders are expected to be issued from the Court today.
U.S. to 13 judges: let detainee cases move
The Justice Department told 13 judges on the U.S. District Court in Washington on Monday that it will not oppose the prompt reopening of habeas challenges in more than two dozen pending cases.