Showing 1–50 of 182 items published in June 2007, most recent first.
Concluding the Term, the Supreme Court decided three cases today: the opinion in the school cases is here; the Panetti opinion is here; and the Leegin Creative opinion is here. During this morning’s session, Jason provided live updates from the Court in this post.
The Justice Department on Thursday urged the D.C. Circuit to resist a plea that it sit en banc and overturn its recent ruling putting an end to Guantanamo Bay detainees’ habeas challenges to their confinement.
The Supreme Court will not hold a public session today, but at 10 a.m., it will release the final Orders List of the Term. After that, the Court will be in recess until the new Term opens on Monday, Oct. 1. We will post the orders promptly after their release today.
The final Order List is here.
The following commentary is from Andrew Pincus, a partner in Mayer, Brown, Rowe & Maw LLP, who filed an amicus brief for the Leadership Conference on Civil Rights and the Leadership Conference on Civil Rights Education Fund. The views expressed are his own.
UPDATE to 12:50 p.m. In a startling turn of events in the legal combat over the war on terrorism, the Supreme Court on Friday agreed to reconsider the appeals in the Guantanamo Bay detainee cases. It vacated its April 2 order denying review of the two packets of cases.
Today’s order granting rehearing in the consolidated cases is here. On February 20, the D.C. Circuit Court issued a 2-1 ruling against the detainees, available here. The original petition for certiorari in Boumediene, filed March 5, is here, and Al Odah is here.
Below are the questions presented from the original petitions for certiorari in Boumediene v. Bush (06-1195) and Al Odah v. U.S. (06-1196). Click here for more materials from the two detainee cases, which the Court this morning said it will consider next term, and here for Lyle’s analysis.
The following post is from Michael E. Rosman, General Counsel, Center for Individual Rights. CIR submitted an amicus brief in the Seattle schools case. I’d like to briefly comment on the dissents and some of the points made by others on this site concerning the school decisions. 1.
Co-authored by Adam Chandler.
A military judge at Guantanamo Bay, Cuba, refused on Friday to reconsider an early June ruling that a military commission does not have the authority to hold a war crimes trial of a young Canadian detainee, Omar Ahmed Khadr.
Today, Joan Biskupic, Michael Carvin and Jonathan Turley discussed the major cases closing out the Term in this audio segment on The Diane Rehm Show on WAMU. Dahlia Lithwick and Walter Dellinger continue their Supreme Court Conversation about liberal frustration with the Roberts Court here at Slate.
In anticipation of this morning’s decisions, here are a few materials in the Seattle/Louisville School Assignment cases: The briefing in these cases is collected here. Lyle’s preview of the arguments is here, while the argument transcripts are here and here. Lyle’s analysis of the arguments is here.
Monday was a remarkable day at the Supreme Court, but with the hotly anticipated school cases expected to draw the Court’s October Term 2006 to a dramatic conclusion, today promises to be even more momentous.
Nearing the end of its current Term, the Supreme Court on Thursday overturned a 1911 antitrust decision, and said that from now on, challenges to vertical price restraints would be judged by rule-of-reason analysis.
10 AM: The session is about to begin. 10:01: Kennedy is announcing Leegin Creative. 10:01: The Chief also announced that Kennedy has another opinion today. Ed: It is likely Panetti. 10:05: Kennedy still reading from Leegin. The vote is 5-4. Dr. Miles has been overruled. 10:08: Kennedy still reading.
UPDATED to 11 a.m. Concluding its current Term with a historic ruling on race in public policy, the Supreme Court divided 5-4 on Thursday in striking down voluntary integration plans in the public schools of Seattle and Louisville.
The Supreme Court on Monday nullified both of the voluntary school integration plans at issue in two cases, decided jointly. Here are summaries of each plan: Seattle, Wash. Parents Involved v. Seattle School District (05-908) District: Seattle School District No. 1.
UPDATE 10:37: All opinions now available. Here for the school assignment cases. It is 185 pages long. Here for the Panetti case. Here for Leegin Creative.
Here is the Chief Justice’s concluding statement at about 11 a.m. Thursday as the Court brought to an end its 2006-2007 Term: “I am authorized to announce that the Court has acted on all cases submitted for decision this Term.
The Court issued its combined opinion in No. 05-908, Parents Involved in Community Schools v. Seattle School District, and No. 05-915, Meredith v. Jefferson County Board of Education. Chief Justice Roberts authored the majority opinion and Justice Kennedy joined in judgment.
One reading of today’s decision in the race cases is that the Supreme Court has outlawed programs that seek to increase racial diversity in the schools. Justice Kennedy’s concurrence does not adopt that view, however. And because his is the fifth vote, it is controlling.
UPDATED 6:00pm Parents Involved v. Seattle School District (05-908) & Meredith v. Jefferson County Board of Education (05-915) At Slate, Dahlia Lithwick has these initial reactions to today’s opinion in her ongoing conversation with Walter Dellinger and Stuart Taylor weighs in here; Tony Mauro of
We’ve finalized our annual statistics for the Term, including justice agreements, opinion tallies, our summary memo, and everything else previously included in the StatPack for the last few weeks.
The following comments are from Hans Bader, Counsel for Special Projects, The Competitive Enterprise Institute. He filed an amicus brief for Competitive Enterprise Institute in support of the parents in the Seattle case.
The following post is from Michael E. Rosman, General Counsel, Center for Individual Rights. CIR submitted an amicus brief in the Seattle schools case.
Commentary If Justice Anthony M. Kennedy is to hold the one vote that counts as the Supreme Court continues the decades — perhaps centuries — of struggle with the role of race in American law, and that seems beyond any shred of doubt after Thursday’s ruling in the Seattle and Louisville cases, it
Following up on my earlier post focusing on the legal rule that emerges from the school race cases – and Justice Kennedy’s concurrence in particular – I think it is possible to make some preliminary judgment about the decision’s effects.
The following commentary is from Alan Foutz, Pacific Legal Foundation. PLF is amicus and part of petitioners’ legal teams for both cases; PLF attorneys participated in every phase of the Seattle case including the oral argument when the Seattle case was before the Washington Supreme Court.
This post was written by Jason Harrow, with research assistance from Adam Chandler. Justice Kennedy’s just-completed October Term 2006 will certainly go down as one of the most “successful” in the Court’s modern history.
As has been widely noted already, Justice John Paul Stevens ended his dissent in today’s school assignment cases by writing: “It is my firm conviction that no Member of the Court that I joined in 1975 would have agreed with today’s decision.” Upon Justice Stevens’ appointment by President Gerald
I wanted to put up a quick post to note that, according to Statcounter, in just a little bit we will for the first time surpass 100,000 hits in a day, and we’re on track to have our first week of 250,000.
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today from the Supreme Court. What is expected to be the final day for opinions is tomorrow, June 28.
With all of the exciting action and commentary that is sure to ensue when the Court decides the school cases on Thursday, I thought I would post the academic round-up a bit earlier than usual this week.
U.S. Solicitor General Paul D. Clement, in a letter to the Supreme Court on Tuesday, moved to head off the effect that a military reserve officer’s statement under oath might have as the Justices decide whether to reconsider their April 2 denial of review of Guantanamo Bay detainees’ cases.
The Supreme Court is scheduled to issue decisions on Thursday, and the chances are, this will be the final public sitting of the current Term.
The following is by Scott Street, an Akin Gump summer associate and a student at Loyola Law School in LA. The Supreme Court finally went back to school on Monday, but it answered hardly any of the questions that have vexed lower courts in student-speech cases over the past decade.
The Justice Department, denouncing as “radical” a Fourth Circuit Court ruling rejecting presidential authority to seize and detain a civilian captured inside the U.S., asked the Circuit Court on Wednesday to rehear the case en banc, and to overturn it swiftly.
Entering what many expect will be the Court’s final public sitting of October Term 2006, the Justices have issued 21 decisions 5-4 (based on our judgment).
The next-to-last edition of StatPack is available for download here. Stay tuned for much more, however, as this week and next week, we’ll have posts featuring a plethora of additional statistics (including justice agreement stats), analyses, and comparisons with past Terms.
The following summary is by Nicole Elam, a summer associate at Akin Gump and a student at Howard Law School. When a private landowner alleges that government officials have harassed and intimidated him in an effort to obtain an easement across his land, what remedies does he have?
The following is by Joe Vuckovich, a summer associate at Akin Gump and a student at NYU Law School.
The following commentary is from Paul S. Ryan, FEC Program Director & Associate Legal Counsel, Campaign Legal Center. This piece has been cross-posted here at the Campaign Legal Center blog.
Three decisions remain to be issued on Thursday: the Seattle and Louisville race cases; Leegin on minimum resale price fixing; and the Panetti capital case on competence to be executed.
Charles Fried, the Beneficial Professor of Law at Harvard Law School, has these thoughts: Here is a prediction: the Court in its school race-based assignment cases will take a bite of Grutter, just as in Wisconsin RLF it took a bite out of McConnell.
The real significance of Hein is what it says about the varying approaches of the members of the Roberts Court. As I highlighted yesterday, the holding of the case, at least as articulated by the plurality, is not all that significant.
The Supreme Court is likely to act later this week on two issues that will provide new clues on where it stands on the legal rights of Guantanamo Bay detainees.
Today, NPR’s Nina Totenberg had this piece on Morning Edition discussing yesterday’s 5-4 rulings and the “deeply divided” High Court.
At Slate, Dahlia Lithwick and Walter Dellinger have this exchange providing end-of-the-Term analysis.
The Court is scheduled to issue its final set of regular orders at 10 AM eastern and is also expected to release one or more opinions at that time. We will have coverage of both as soon as possible after they are made public.