Today at the Supreme Court | 9.30.08
The Court is in the final week of the summer recess. Oral arguments are scheduled to resume Monday, October 6. To view the list of arguments scheduled thus far, visit our case list on SCOTUSwiki.
September 2008 Archive
Everything published in September 2008, most recent first.
No orders today
The Supreme Court will not be releasing any orders today on actions taken at Monday’s opening Conference. Readers are advised to check daily at 10 a.m.
SCOTUSwiki Preview: Locke v. Karass
Below, Georgetown 3L and 2008 Akin Gump summer associate Michael Bonsignore previews Locke v. Karass, scheduled to be the second of three cases heard by the Court on Monday, October 6th. Please check back with SCOTUSwiki following oral argument for additional updates.
Assistant to Solicitor General Moves to Private Practice
Congratulations to Kannon Shanmugam, who is leaving the Office of the Solicitor General after four years to become a partner at Williams & Connolly. Appropriately, Kannon’s first day at Williams & Connolly is October 6 — i.e., the first Monday in October.
Conference Call: Do Guilty Verdicts Have to Be Unanimous?
The following column, featuring a selected petition up for consideration at the Justices’ opening conference, appears in today’s edition of Legal Times (available to subscribers here). To see the full list of “petitions to watch” for today’s conference, click here.
The Week Ahead
The Court will hold its opening conference of the upcoming term on Monday, where, in addition to the hundreds of petitions that have amassed during the summer recess, the Court will consider the petition for rehearing in Kennedy v. Louisiana (07-343).
Final brief on Kennedy v. Louisiana
In the final brief to be filed before the Supreme Court decides whether to reconsider a major ruling on the death penalty, the state of Louisiana cautioned the Justices not to make the issue depend solely upon the Court’s own constitutional perceptions, arguing that Congress and the state
GTMO Conditions and Transfer Claims
A slight amplification on Lyle’s thorough post below: Lyle writes that “[i]f Judge Hogan’s rulings withstand appeals, they would wipe out many of the claims that detainees have made since Boumediene – challenges to transfers, to transfers without first notifying detainees’ lawyers, to a lack of
UPDATE: Davis execution blocked
UPDATE 5:17 p.m. The Supreme Court blocked the scheduled execution Tuesday evening in Georgia of Troy Anthony Davis, giving itself time to consider his appeal challenging his conviction for the murder of an off-duty police officer in Savannah. The stay order is here.
Test of “Sarbanes-Oxley”
A case that a federal judge described as “the most important separation-of-powers case regarding the President’s appointment and removal powers to reach the courts in the last 20 years” is bound, ultimately, for the Supreme Court.
Resisting a Rapanos sequel
Arguing that the federal government was seeking “boundless” authority to regulate wetlands miles away from flowing waterways, an Alabama company and two of its executives on Monday urged the Supreme Court to turn aside a new government appeal on the issue.
Assistant to the Solicitor General Promoted
Congratulations to Malcolm Stewart, the veteran Assistant to the Solicitor General, who has been promoted to (and has officially started work as) a Deputy Solicitor General. Stewart fills the slot vacated earlier this year by Tom Hungar.
Government concedes split, recommends grant in ‘identity theft’ case
In July, Kevin discussed his filing of a petition in Flores-Figueroa v. United States (08-108), a case involving the knowledge requirement in the federal statute covering ‘aggravated identity theft.’ Last week, in its brief in response, the government conceded a “clear and entrenched” conflict existed over the proper interpretation of the law.
Change in October calendar
The Supreme Court on Monday released a new calendar for oral argument in the October sitting. The only change is that the argument in Oregon v. Ice (07-901) has been moved up one day. Instead of being heard at 1 p.m. on Wednesday, Oct. 15, it will be heard at the same hour on Tuesday, Oct. 14.
UPDATE: Boumediene and judicial powers
UPDATE: Readers may note that the following contains materials from an earlier post on Monday, titled “Narrow reading of Boumediene.” The following is a complete rewrite to take account of other significant developments on Monday. ———————- The Justice Department, three days before a crucial hearing
The Week Ahead
The Court is in recess for the summer. The opening conference for next term will take place September 29. Oral arguments will resume October 6. On Wednesday, the state of Louisiana is to file a brief of up to 4,500 words expressing its views on the merits of the issue raised its petition for rehearing in Kennedy v. Louisiana (07-343), the opinion striking down use of the death penalty for child rape.
President’s domestic detention power tested
UPDATE Tuesday a.m. The case has been docketed as 08-368. Lawyers for the only detainee seized in the U.S. under presidential order and still in military captivity urged the Supreme Court on Friday to rule that no federal law and no part of the Constitution allows the President to order such detentions.
No punishment for U.S. delay on detainees
The federal judge overseeing some 200 detainees’ cases on Friday gave the government added time to supply its reasons for holding the prisoners and refused to impose any punishment for delays up to now, but warned that his patience may be growing thin.
A new, narrower D.C. gun law
Trying to head off a national takeover by Congress of the city’s powers to control guns in the wake of the Supreme Court’s Second Amendment ruling, the Washington, D.C., City Council on Wednesday adopted a new and narrower law to restrict possession of handguns.
Petitions to Watch | Conference of 9.29.08
The first edition of “Petitions to Watch” for the October 2008 term features cases up for consideration at the Justices’ opening conference of September 29. 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.
Early test of detention reasons
The Justice Department, in seeking to bolster its claims to continue holding scores of detainees at Guantanamo Bay, has been filing a stack of new reports in court to update its reasons.
Note to readers: Kennedy v. Louisiana
Briefs, on the question of possible rehearing of Kennedy v. Louisiana (07-343), are due at the Supreme Court Wednesday afternoon from Patrick Kennedy and from the U.S. Solicitor General’s office.
Court urged to hold fast against death for child rape
Lawyers for a death-row inmate in Louisiana, arguing that military law is beside the point when deciding the constitutionality of criminal sentences for civilians, urged the Supreme Court on Wednesday to leave intact its recent decision nullifying the death penalty for the crime of raping a child.
U.S. seeks to escalate detainee delay dispute
Seeking to head off court-imposed punishment for failing to meet deadlines for filings in Guantanamo Bay detainee cases, the Justice Department on Monday sought to raise the stakes, foreseeing two potential threats to national security if it is sanctioned.
SCOTUSwiki Preview: Carcieri v. Kempthorne
Jon Goodrich contributed the following preview of the upcoming term’s Carcieri v. Kempthorne. Jon is a 3L at the University of Richmond School of Law and a 2008 Akin Gump summer associate. Please be sure to check out SCOTUSwiki for any additional updates.
Plea for delay of Georgia execution
UPDATE Wednesday p.m. The state of Georgia urged the Supreme Court not to delay the scheduled execution of Troy Anthony Davis on Sept. 23.
Upcoming Event: Constitutional Interpretation & Litigation after Heller
Next Wednesday, Sept. 24, the American University Washington College of Law will hold a pair of panel discussions on the Supreme Court’s landmark decision last term in District of Columbia v. Heller (07-290). Information about the event, including details on how to register, is available here.
The Week Ahead
The Court is in recess for the summer. The opening conference for next term will take place September 29. Oral arguments will resume October 6. On Tuesday, the Washington Legal Foundation will host its annual preview panel for the upcoming term (see here).
Upcoming Supreme Court Preview Panels
Host: Washington Legal Foundation Date: Tuesday, September 16 at 9:00 a.m. Location: Washington Legal Foundation More information: Click here Panelists: Hon. Dick Thornburg, K&L Gates (moderator) Sri Srinivasan, O’Melveny & Myers J. Scott Ballenger, Latham & Watkins __________________ Host: Cato Institute Date: Wednesday, September 17 from 3:45 to 5:00 p.m.
Detainees seek to attend hearing
Lawyers for a group of Chinese Muslims now being held at Guantanamo Bay asked a federal judge on Wednesday to order the Pentagon to take four of the detainees to Washington, D.C., for the hearing on their plea to be released.
SCOTUSwiki Preview: Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, and Alaska v. Southeast Alaska Conservation Council
Below, Max Schwartz previews next term’s Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, and Alaska v. Southeast Alaska Conservation Council. As always, the Coeur SCOTUSwiki page, available here, will continue to be updated throughout the upcoming term.
Court to explore rehearing in death case
The Supreme Court on Monday called for new legal briefs on possible rehearing — and, maybe, revision — of its ruling striking down the death penalty for the crime of child rape.
Court asked to strike down vote law
UPDATE Wednesday morning: The case has now been assigned docket number 08-322. The government’s response is now due Oct. 10, unless an extension to file is sought and obtained.
Developments of this day
A flurry of activity on Monday is recounted in the series of posts that follow. The Court indicated it was exploring the possible rehearing of a key death penalty case; the post is here.
SG says federal agents entitled to immunity
In an invitation brief filed late last month, the Justice Department recommended the Court grant the petition in Morris v. Center for Bio-Ethical Reform (07-811) and summarily reverse the decision below.
Detainees: U.S. must be punished for delay
In a plea for a stiff rebuke of the federal government, lawyers for Guantanamo Bay detainees on Tuesday asked a U.S. District judge to impose severe sanctions for delays that the attorneys said were of the government’s own making — delays that are already slowing down court review of military detentions.
December Arguments, day by day
The Supreme Court this morning released its argument calendar for the sitting that begins December 1 (available here). The Court will return to hearing the customary two arguments per day. The full schedule is below, with brief summaries of the issues involved.
The Week Ahead
The Court is in recess for the summer. The opening conference for next term will take place September 29. Oral arguments will resume October 6.
Again, no action on death penalty ruling
The Supreme Court issued its third and final round of summer recess orders on Friday, but the Justices announced no action on the plea to reconsider its ruling in Kennedy v. Louisiana (07-343), striking down the death penalty for the crime of child rape.
Today’s Orders | 9.5.08
A copy of today’s orders list is now available here.
No rehearing in Parhat
The D.C. Circuit Court has turned down a government plea to narrow its ruling — the first of its kind — overturning a Pentagon decision to hold a prisoner at Guantanamo Bay.
Practice Pointer: Filing Non-Record Materials
When the Court grants certiorari in a case, it receives a copy of the record and the parties also compile a joint appendix. But what happens if counsel believes that the Court should have access to non-record materials?