Today at the Supreme Court: 4/30/07
The Court is scheduled to issue regular orders at 10 AM eastern and is also likely to release one or more opinions at that time. We will have coverage of both as soon as possible after they are made public.
April 2007 Archive
Showing 1–50 of 166 items published in April 2007, most recent first.
Who’s Writing the Opinion(s) in the Race-Conscious Admissions Cases?
With Justice Kennedy’s opinion today in KSR, it is now likely and unsurprising, but by no means certain, that the Chief Justice is writing the lead opinion(s) in the Seattle and Louisville equal protection cases.
Today’s Orders and Opinions
Today’s Order List is here. There were five opinions today: The opinion in KSR v. Teleflex is here. Microsoft v. AT&T is here. United Hauler’s is here. Scott v. Harris is here. The Court has also posted a video along with its decision here (Real Video). EC Term of Years Trust is here.
News Round-Up: Today’s Orders & Opinions
The AP’s Pete Yost has this article reporting that the Court ruled in favor of Microsoft, limiting the reach of U.S. patents abroad; Peter Kaplan of Reuters reports here on the opinion in Microsoft Corp. v. AT&T (No. 05-1056).
Let’s Go to the Videotape!
In today’s Fourth Amendment decision about running a fleeing car off the road, there is a factual dispute about exactly what happened, and the Court notes that because the case is in a summary judgment posture, ordinarily it would accept the plainitiff’s version of the facts for purposes of the
Court turns down Hamdan appeal, will hear Medellin
UPDATED 11:36 a.m. The Supreme Court on Monday denied review of the latest Guantanamo Bay appeal, involving two prisoners who face war crimes trials before “military commissions.” Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter voted to hear the joint appeal of Salim Ahmed Hamdan and Omar Ahmed Khadr, but it takes the votes of four to grant review.
Court rules on two patent cases, and on high-speed chase
The Supreme Court, in a major victory for Microsoft Corp., ruled by a 7-1 vote on Monday that U.S. patent law does not bar foreign making of copies of digital code to be installed in computers made and sold abroad.
KSR: An ovemphasis of the importance of published articles?
This analysis of the Court’s decision is from Lawrence Ebert, a New Jersey patent lawyer whose blog IPBiz covers intellectual property news.
Analysis: A flat new rule on high-speed chases
Though two Justices tried hard in separate opinions to ease the impact of the Supreme Court’s rulng Monday on high-speed police chases, the fact remains that the main opinion had the unqualified support of six Justices and did lay down a hard-and-fast constitutional rule.
Some thoughts about KSR v. Teleflex: The “Marketplace” Test for Obviousness
The following commentary is from Michael Barclay of Wilson Sonsini Goodrich & Rosati. The views expressed in this posting are those of the individual author, and do not necessarily reflect the views of his law firm or any of his clients.
Commentary: Do detainees retain any rights?
A simple conclusion of law now confronts lawyers for some 385 foreign nationals still being held captive by the U.S. military at Guantanamo Bay, Cuba: A foreigner “without property or presence in this country has no constitutional rights, under the due process clause or otherwise.” That is the way
Earlier coverage of Medellin
This morning, the Supreme Court granted cert. in Medellin v. Texas, which raises a major question about the limits of executive power. Lyle Denniston has written extensively about the case of Jose Ernesto Medellin, a Mexican national convicted of murder and facing execution in Texas.
Analysis: Less patent shield for code
Clearing the way for wider worldwide distribution of computer software code, and saving Microsoft Corp. millions of dollars in patent damages, the Supreme Court ruled on Monday that it is not illegal to send Windows code abroad for copying and installing in foreign-made computers, even if the code incorporates a part of someone else’s patented invention.
Wrong tax claim must be challenged promptly
Drawing a clear line between the right to sue to challenge an erroneous federal tax levy, and the right to claim a tax refund, the Supreme Court declared unanimously on Monday that the two have separate filing deadlines for valid reasons, and must be treated independently.
Detainees seek rehearing
Turned down last week by Chief Justice John G. Roberts, Jr., in one effort to gain time to test their legal rights in lower courts, Guantanamo Bay detainees late Friday sought to draw the full Court back into the controversy.
Today at the Supreme Court: 4/27/07
The Court is holding a private Conference today to discuss new and pending cases. Our list of “Petitions to Watch” for this Conference can be found here. If any orders are issued this afternoon, we will post them promptly.
Thoughts on Oral Argument in U.S. v. Atlantic Research
The following entry is by Sarah Rispin, an associate in Akin Gump’s DC office who participated in this case as counsel for the United Conference of Mayors, which submitted an amicus brief supporting respondent. Her preview of this can be found here.
Further filing on Teague and retroactivity
The public defender for a Minnesota prison inmate told the Supreme Court on Thursday that judges in “no fewer than 15 states” have reached conflicting conclusions about whether state courts are free under state law to make retroactive criminal law decisions by the Supreme Court, that the Court has held are not retroactive in federal cases.
A Carhart II sequel in Second Circuit
The Second Circuit Court has asked the two sides in one of the three test cases on the constitutionality of the first federal abortion ban to file new briefs on what is to be done with that case.
Round-Up
The AP’s Mark Sherman has this midterm review of the Supreme Court reporting on the Chief Justice’s recent dissent in the Texas capital cases, Kennedy’s voting record and the Court’s interest in the death penalty.
Blog Commentary: Today’s Death Penalty Decisions
At the National Review’s Bench Memos, Ed Whelan discusses the decisions here. At Crime & Consequences, Kent Scheidgger had posts here and here. At Volokh, Orin Kerr discusses the cases here, and highlights a notable portion of the Chief Justice’s dissent here.
Today at the Supreme Court: 4/26/07
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today from the Supreme Court.
Yesterday’s Opinion in Smith v. Texas
The following entry is by Troy D. Cahill, an associate in Akin Gump’s DC office. For the second time in three years, the Supreme Court ruled in favor of LaRoyce Smith and reversed a decision of the Texas Court of Criminal Appeals.
Round-Up
Aaron Streett’s latest Supreme Court Today, covering last week’s five opinions and discussing the Carhart decision at length, is now available here at Baker Botts.
Chief Justice denies detainees’ pleas
FINAL VERSION 6:38 PM. Chief Justice John G. Roberts, Jr., on Thursday afternoon denied two requests by Guantanamo Bay detainees for temporary aid in their multi-faceted attempt to maintain access to their lawyers as legal maneuvering continues.
Argument Preview: Watson v. Philip Morris on 4/25
The following argument preview is by Luke Itano, a student in the Stanford Supreme Court Litigation Clinic.
Blog Commentary: FEC v. WRTL
Today, the Supreme Court will hear oral argument in the consolidated campaign finance cases FEC & McCain v. Wisconsin Right to Life (see our preview here). The Skeptic’s Eye Blog discusses the case here.
Blog Round-Up: Watson v. Philip Morris
In addition to Luke Itano’s preview of Watson v. Philip Morris Companies, Inc., No. 05-1284 (available here), Micaela McMurrough and Craig Newton discuss the case here for Cornell’s Legal Information Institute Bulletin. Ross Runkel has this preview at the Supreme Court Times Blog.
Today at the Supreme Court: 4/25/07
In the final day of oral argument of the Term, the Court is expected to begin its day by releasing at least one opinion beginning at 10 AM eastern; we will bring you coverage as opinions are made public.
Court rules for three Texas death row inmates
In three rulings Wednesday on death penalty procedures in Texas, the Supreme Court kept up its continuing challenge to the way the two courts reviewing Texas capital cases handle that assignment — the Texas Court of Criminal Appeals, the state’s highest court for criminal cases, and the Fifth Circuit Court, the federal tribunal that hears habeas challenges by Texas prisoners.
Analysis: “Blackout” on campaign ads in doubt
With Chief Justice John G. Roberts, Jr., and Justice Antonin Scalia exhibiting considerable distaste for a key provision of federal campaign finance law, Congress’ latest attempt to reduce the flow of corporate and union money into federal politics appeared to be in trouble in the Supreme Court on Wednesday.
Today’s Transcripts
The transcripts for the final oral arguments of the Term have just come online. WRTL is here, and Watson is here.
News Round-Up: Today’s Opinions
Mark Sherman of the Associated Press reports here on today’s opinions in three Texas death penalty cases; James Vicini has this article on the Court’s decision to overturn all three death sentences as a result of flawed jury instructions; and Jeannie Shawl reports here for the Jurist.
Round-Up
The AP’s Frederic J. Frommer reports here on this morning’s oral argument in the campaign finance cases; Kristin Jensen and Greg Stohr have this article at Bloomberg; in the Washington Post, Robert Barnes reports here that a majority of the justices appeared skeptical about a key provision of the
Detainees ask Roberts for temporary aid
UPDATE 4:38 PM: Applications in 06A1001 and 06A1002 are now available for download. The active new round of legal maneuvering over the fate of the Guantanamo Bay detainees returned to the Supreme Court on Wednesday.
Index to Today’s Posts
At 10 AM eastern, the Court released opinions in three criminal cases, Smith v. Texas, Abdul-Kabir v. Quarterman, and Brewer v. Quarterman. The opinions are here, Lyle’s news post on the decisions is here, and Amy Howe breaks down the Abdul-Kabir and Brewer opinions here.
Oral Argument Tomorrow in Beck v. PACE International Union
Tomorrow morning the Court will hear oral argument in No. 05-1448, Beck v. PACE International Union, which presents the question whether a pension plan sponsor’s decision to terminate a plan by purchasing an annuity, rather than to merge the pension plan with another, is a plan sponsor decision not subject to ERISA’s fiduciary obligations.
Argument Preview: Perm. Mission of India v. New York on 4/24
The following entry is by Christopher Pudelski, a litigation associate in Akin Gump’s DC office. May a United States municipality tax a foreign sovereign’s real property in the United States when that property is used to house its staff and other personnel?
Blog Round-Up: Permanent Mission of India v. New York
In addition to Chris Pudelski’s preview of Permanent Mission of India v. New York (available here), Brad Flora of Medill News Service has this article on the case; Ross Runkel has this “preview and prediction” on the Supreme Court Times Blog; and Ferve Ozturk has this summary and analysis on Cornell’s Legal Information Institute.
Blog Round-Up: Dayton v. Hanson
In addition to Lyle Denniston’s preview of Office of Senator Mark Dayton v. Hanson, No. 06-618 (available here), Breanne Atzert has this summary and analysis in the Cornell Law School Legal Information Institute Bulletin. At the Supreme Court Times Blog, Ross Runkel has this preview and prediction.
Today at the Supreme Court: 4/24/07
Beginning at 10 AM eastern, the Court will hear one hour of oral argument in Perm. Mission of India v. New York (preview here and further commentary here) followed by one hour of argument in Beck v. PACE Int’l Union (mini-preview and further commentary here).
Argument Recap: Brendlin v. California on 4/23
The following argument recap is by Troy D. Cahill, an associate in Akin Gump’s DC office. Troy’s preview of this case can be found here. Yesterday, the Supreme Court heard argument in Brendlin v. California (No. 06-8120). A copy of the transcript is available here.
Senate workers’ rights: skepticism abounds
Analysis When skepticism about a case before the Supreme Court is expressed in a half-dozen different ways, it is fair to speculate that the case may be doomed.
Today’s Transcripts
The transcript in Perm. Mission of India v. New York is here. The transcript in Beck v. PACE is here. The transcript in Dayton v. Hanson is now online here.
Round-Up
In today’s New York Sun, Joseph Goldstein has this article on the consolidated campaign finance cases being argued before the Court tomorrow. At the National Review Online, James Bopp Jr., Lead Counsel for Wisconsin Right to Life, has this piece; Senate Minority Leader Mitch McConnell has this commentary in today’s Wall Street Journal.
Election season begins: Argument 4/25/07
Analysis The 2008 election campaign does not open, formally, for several more months, but it gets a start in the Supreme Court Wednesday — the final day of scheduled arguments in the current Term.
Argument Preview: US v. Atlantic Research on 4/23
The following argument preview is by Sarah Rispin, an attorney in Akin Gump’s DC office. Sarah participated in this case as counsel for the United Conference of Mayors, which submitted an amicus brief supporting respondent (see here).
Argument Preview: Brendlin v. Califronia on 4/23
The following argument preview is by Troy D. Cahill, an associate in Akin Gump’s DC office. Tomorrow in Brendlin v. California (No. 06-8120), the Court will consider whether a passenger in a vehicle subject to a traffic stop is “seized” for purposes of the Fourth Amendment and thus can contest the stop’s legality.
Argument Preview: Hinck v. US on 4/23
The following argument preview was written by Howard Jacobson, a partner in Akin Gump’s DC office. Later today, the Supreme Court will hear argument in No. 06-376, Hinck v. United States.
Today at the Supreme Court: 4/23/07
The Court returns to the bench today at 10 AM eastern. At that time, the Court will release an Orders List relating to its Conference of 4/20; we will bring you coverage of that as soon as it is released.