Today at the Supreme Court: 1/31/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
January 2007 Archive
Showing 1–50 of 101 items published in January 2007, most recent first.
Round-Up
Virginia Heffernan of the New York Times has this review of the four-part PBS program, “The Supreme Court”, which begins tonight at 9 p.m.; Tom Shales has this review of the documentary in today’s Washington Post; and Stephen Wermiel reviews the program here at the Politco.
Today at the Supreme Court: 1/30/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
“Ask the Author” with Jan Crawford Greenburg
Jan Crawford Greenburg has generously agreed to answer questions in this space later in the week about her much-discussed new book, Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court.
Another defeat for age bias claim on pensions
On January 16, the Supreme Court turned down an appeal claiming that so-called “cash balance” pension plans discriminate illegally against older workers.
Round-Up
At Workplace Prof Blog, Paul Secunda highlights how last term’s ruling in Garcetti v. Ceballos has affected subsequent lower court rulings in this post. Here, at TaxProf Blog, Paul Caron has posted all of the cert. papers in two tax shelter cases, Coltec and Dow Chemical.
Framing Davenport
The strangest thing about the oral argument three weeks ago in Davenport v. WEA is just how little common ground there was–not only between the parties (and their amici), but also among the Justices–on just what the case is about, and which constitutional doctrines it implicates.
Today at the Supreme Court: 1/29/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
“Ask the Author” with Jeff Rosen: Part 2
This is part 2 of our discussion with Professor Jeff Rosen about his new book, The Supreme Court: The Personalities and Rivalries That Defined America (part 1 is here). The book is the companion volume to the PBS special “The Supreme Court” which premieres this Wednesday, January 31 at 9 PM eastern.
Round-Up
UPDATE 5:52 PM: Today, Senator Arlen Specter re-introduced legislation that would require the Supreme Court to televise oral argument; C-SPAN has posted the video of the senator introducing the legislation here (RealPlayer required). C-SPAN’s “Cameras in the Court” timeline is here.
Today at the Supreme Court: 1/26/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
How Should We Select a Chief Justice?
The following is by Professor David Stras of the University of Minnesota Law School. Professor Stras will occasionally provide commentary on the Court’s business and alert readers to significant academic developments regarding the Supreme Court.
“Ask the Author” with Jeff Rosen: Part 1
Our “Ask the Author” series returns, and the guest author for this edition is once again Jeffrey Rosen, professor at GW Law School and legal affairs editor of The New Republic.
Round-Up
In the USA Today, Joan Biskupic has this article on the composition of the Court. Biskupic also has this interview with Justice Ginsburg about her reaction to the absence of Justice O’Connor.
Move to disclose secret court’s spying orders
The American Civil Liberties Union asked a federal appeals court on Friday to force out into the open at least some of the records that could reveal how far the secret Foreign Intelligence Surveillance Court has gone to authorize eavesdropping on individuals inside the U.S. when they communicate via telephone, e-mail or other electronic connections.
Today at the Supreme Court: 1/25/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Today at the Supreme Court: 1/24/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Round-Up
Jan Crawford Greenburg’s Supreme Conflict is now available, and David J. Garrow had this review in the L.A. Times, while the New York Times’s Michiko Kakutani has these thoughts. At Slate, Emily Bazelon posted her comments here about the state of the Sentencing Guidelines in the wake of Cunningham.
Today at the Supreme Court: 1/23/07
With the January sitting having just concluded, no oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Measuring the Importance of Supreme Court Opinions
The following is by Professor David Stras of the University of Minnesota Law School. Professor Stras will occasionally provide commentary on the Court’s business and alert readers to significant academic developments regarding the Supreme Court.
Early Analysis: United States v. Atlantic Research Corp.
The following is an analysis, written by Sarah Rispin of Akin Gump’s Washington, DC office, of the case U.S. v. Atlantic Research, in which the Supreme Court granted cert. last Friday.
Today at the Supreme Court: 1/22/07
The Court is scheduled to issue orders today at 10 AM eastern and may also release one or more opinions at that time. We will have coverage of both as soon as possible after they are made public.
Court strikes down California sentencing law
Dividing 6-3, the Supreme Court ruled on Monday that California’s “determinate sentencing law” is unconstitutional because it allows judges, not juries, to find facts that lead to higher criminal sentences. Justice Ruth Bader Ginsburg wrote for the majority in Cunningham v. California (05-6551).
Today’s Orders and Opinions
The opinion in the consolidated cases of Jones v. Bock and Williams v. Overton can now be found here. The syllabus is here. The opinion of the Court in California v. Cunningham can now be found here (syllabus here). The dissent, written by Justice Kennedy and joined by Justice Breyer, is here.
Early Responses to Cunningham
UPDATE 4:22 PM: NPR’s “Day to Day” had this segment about the Cunningham decision. Tony Mauro of Law.com also has this article (both via How Appealing). The AP has this report on the decision, and William Branigin of the Washington Post has an article here.
Round-Up
In addition to today’s Cunningham-related stories (see here), Howard Bashman of How Appealing links to this review, by David Garrow, of Jeff Rosen’s new book, The Supreme Court: The Personalities and Rivalries that Defined America.
Roberts recused in granted congressional case
Chief Justice John G. Roberts, Jr., will not participate in the Supreme Court”s review of a potentially significant case on immunity of members of Congress to workplace lawsuits by members of their staffs.
Today at the Supreme Court: 1/19/07
Today, the Justices are scheduled to have a private Conference to discuss new and pending cases. Based on past practice this Term, if any petitions are granted, the Court is likely to issue orders later in the day today; otherwise, regular orders will be issued Monday at 10 AM eastern.
New test of president’s powers: Medellin case is back
The power of the President to tell states that they must follow a World Court decision in dealing with foreign nationals arrested and prosecuted within their borders is newly at issue before the Supreme Court, with a just-filed appeal by a Mexican national, Jose Ernesto Medellin.
Round-Up
In the New York Times, Linda Greenhouse has this article about the habeas corpus cases argued before the Court on Wednesday. Robert Barnes of the Washington Post discusses the Texas death penalty cases here. At Slate, Dahlia Lithwick has this post on the arguments.
Court to hear campaign ads cases, six other cases
Returning to the much-litigated controversy over political campaign ads broadcast during election season, the Supreme Court on Friday agreed to rule on two cases that newly test the constitutionality of congressional curbs on such ads.
Michigan affirmative action plea denied
The Supreme Court on Friday evening refused to clear the way for three state universities in Michigan to use race and gender factors as part of their admissions process during the current academic year.
NSA spying now done under secret court order
NOTE: The so-called warrantless domestic spying program that has been under challenge in the federal courts for months had appeared likely to lead ultimately to a constitutional review by the Supreme Court.
Today at the Supreme Court: 1/18/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
DC Bar Event on 1/23: Blogging for Lawyers
On Tuesday, January 23 from 12:00-2:00, the DC Bar is hosting an event called “Blogging for Lawyers: How Practicing Lawyers Are Using Blogs to Find Clients, Fortune and Fame and How You Can Too!” It will be held at the DC Bar Conference Center at 1250 H Street, NW in Washington, DC.
Michigan responds on affirmative action [UPDATED]
UPDATE, Thursday a.m. The three state universities involved in this controversy joined the state’s governor on Wednesday in asking permission to resume the use of race and gender in their admissions practices during the current academic year [see their filing here].
Today at the Supreme Court: 1/17/07
Beginning at 10 AM eastern, the Court will hear one hour of oral argument in Smith v. Washington followed by one hour of argument in the consolidated cases of Abdul-Kabir v. Quarterman and Brewer v. Quarterman (combined preview for both of today’s arguments here).
Court rules in deportation case
The Supreme Court ruled on Wednesday that an alien living in the U.S. who is convicted of a crime for which a conviction could be issued for “aiding and abetting” may be deported for the “aggravated felony” of theft.
Analysis: Major precedent in Smith case?
The Supreme Court appeared torn Wednesday between insisting that state courts not evade the Justices’ constitutional rulings on the death penalty, on the one hand, or, on the other, allowing states some leeway to escape some of the impact of those rulings.
Today’s Transcripts: 1/17/07
The transcript in Smith v. Texas is now available here. UPDATE: The transcript in Abdul-Kabir and Brewer is now here.
Round-Up
The AP’s Christopher S. Rugaber has this article at Law.com on the Court’s refusal to hear two IBM employment cases. At Slate, Bonnie Goldstein has this post on Chief Justice Rehnquist’s medical records, released through a Freedom of Information Act request.
The Court in history: a discussion
The Supreme Court Fellows are sponsoring a panel discussion on Jan. 25 in Washington, D.C., to explore “lessons from history” about the independence of the judiciary.
Today at the Supreme Court: 1/16/07
The Court is in session today, and at 10 AM eastern, it will release an Orders List relating to its Conference of 1/12; we will bring you coverage of that as soon as it is released (our entry on Friday afternoon’s grants is here).
Court orders new review of ADA case
UPDATE x2 11:45 AM: The Order List can now be found here. Justice Scalia wrote respecting the denial of cert. in U.S. v. Omer in an opinion here. Justice Ginsburg’s concurrence in Haas can be found here.
“Conference Call” Petitions to Watch: 1/19
UPDATE 2:58 PM: All petitions have been added. Monday’s edition of “Conference Call” in Legal Times (column archive here; subscription req’d) featured petitions to watch for the Justices’ Conference of 1/19.
Capital cases 1/17/06: Broad or narrow review?
For the fifth time in the past nine years, the Supreme Court on Wednesday, Jan. 17, reopens constitutional issues on the role of juries in death penalty sentencing in Texas.
March arguments, day by day
The Supreme Court on Tuesday released its schedule of oral argument for the March sitting, beginning on Monday, March 19. On three of the six days, single cases will be heard; on the other three days, two cases will be heard on each.
Today’s Transcripts: 1/16/07
The transcripts in both of today’s cases (Geico/Safeco and Travelers) have just gone online here.
Round-Up
In Legal Times, Tony Mauro had this piece about the long-gestating biography of Justice Brennan. Tony also wrote this piece for today’s American Lawyer about Solicitor General Clement. Greg Stohr of Bloomberg news has this discussion of the FCRA cases that were argued today.
Today at the Supreme Court: 1/15/07
The Supreme Court is closed today in observance of Martin Luther King, Jr. Day.