Today at the Supreme Court | 11.30.07
The Justices are scheduled to hold a private conference today, orders from which are expected to be released on Monday. Click here to see our list of “petitions to watch.”
November 2007 Archive
Showing 1–50 of 109 items published in November 2007, most recent first.
New Filing in Ali v. Achim
On Wednesday, we filed this brief on behalf of the Office of the United Nations High Commissioner for Refugees as Amicus Curiae in support of the Petitioner in the case of Ali v. Achim, 06-1346. No argument date has been set, but the case will likely be argued in the February sitting.
“Ask the Author”: Richard Lazarus, Part III
This edition of “Ask the Author” features a conversation with Richard Lazarus about his new article entitled, “Advocacy Matters Before and Within the Supreme Court: Transforming the Court by Transforming the Bar,” see here.
Proposed DOJ regulation would resolve immigration question in Dada
In a move with potential consequences for the pending case Dada v. Mukasey (06-1181), the Justice Department earlier today published a proposed regulation that, if adopted, would resolve the precise question at issue – i.e. whether the time in which a noncitizen must leave the country under an order of voluntary departure should automatically toll upon the filing of a motion to reopen removal proceedings.
Preparing for the Detainee Cases
The Supreme Court next Wednesday will hold a one-hour hearing on the legal rights of the prisoners at Guantanamo Bay, Cuba. This will be the Court’s fourth full-scale review of legal questions arising out of the Bush Administration’s policy against terrorism, and the continuing legal controversy has grown increasingly complex.
Today at the Supreme Court | 11.29.07
No oral arguments are scheduled and no non-capital orders are expected today from the Court.
“Ask the Author”: Richard Lazarus, Part II
This edition of “Ask the Author” features a conversation with Richard Lazarus about his new article entitled, “Advocacy Matters Before and Within the Supreme Court: Transforming the Court by Transforming the Bar,” see here.
Academic Round-Up
The University of Pennsylvania Law Review Penumbra currently features an online debate between Professors Bradley Smith (Capital University Law School) and Edward Foley (Moritz College of Law-Ohio State University) on voter identification requirements and Crawford v. Marion County Election Board, see here.
Today at the Supreme Court | 11.28.07
At 10 a.m, the Court is scheduled to hear argument in Rowe v. New Hampshire Motor Transport Assn. (06-457), asking whether the Federal Aviation Administration Authorization Act preempts a Maine state law meant to block the delivery of tobacco purchased over the Internet to teenagers.
Today’s Transcripts
The transcript of today’s argument in Rowe v. New Hampshire Motor Transport Assn. (06-457) is now available here.
New layer of dispute on arbitration
New briefs filed after the Supreme Court had heard argument in a significant case on federal judges’ power to second-guess arbitrators’ awards have opened up a new layer of dispute, potentially complicating the Court’s coming decision.
“Ask the Author”: Richard Lazarus, Part I
This edition of “Ask the Author” features a conversation with Richard Lazarus about his new article entitled, “Advocacy Matters Before and Within the Supreme Court: Transforming the Court by Transforming the Bar,” see here.
Massive apartheid case on way to the Court
A massive group of lawsuits, seeking upwards of $400 billion in damages from corporations located in the U.S., Canada and Europe, is on its way to the Supreme Court, surrounded by an intriguing question: has the Court already indicated that the case should not proceed?
Argument recap: Rowe v. NH Motor Transport
The opening moments of the oral argument for petitioner covered familiar ground from the briefs—the argument that one section of the Maine law regulates only retailers, and is thus only indirectly related to carrier services; congressional intent with regard to Morales and broad preemption; the
Today at the Supreme Court | 11.27.07
At 10 a.m, the Court is scheduled to hear argument in Knight v. Commissioner of Internal Revenue (06-1286), asking whether fees paid to financial advisers are fully deductible from the income of a trust or estate.
Early release of tapes of detainee cases
The Supreme Court will release promptly the audiotape of the oral argument on Wednesday, Dec. 5, in the two cases testing the legal rights of detainees at Guantanamo Bay, Cuba (Boumediene v. Bush, 06-1195, and Al Odah v. U.S., 06-1196).
Today’s Transcripts
The transcript of today’s argument in Knight v. Commissioner of Internal Revenue (06-1286) is now available here. The transcript of today’s argument in New Jersey v. Delaware (134 Original) is now available here.
Argument recap: Knight v. CIR
At oral argument on Tuesday, members of the Court suggested that Section 67(e) permits a trust to deduct fees for investment advice that is related to trust status, but does not allow the trust to deduct fees for advice that is indistinguishable from advice sought by individuals.
Argument preview: Rowe v. NH Motor Transport
Does the Federal Aviation Administration Authorization Act of 1994 preempt state regulation of carriers that deliver shipments of tobacco and other products?
Today at the Supreme Court | 11.26.07
At 10 a.m., the Court is scheduled to hear argument in Larue v. DeWolff (06-856), asking whether ERISA provides private causes of action for plan participants alleging fiduciary breaches.
Court will not review welfare searches
UPDATED to 10:45 a.m. The Supreme Court on Monday turned aside an appeal by six welfare recipients in San Diego, seeking to challenge the constitutionality of a requirement that all applicants for public assistance allow a search of their homes as a condition for eligibility.
Conference Call: Boehner-McDermott suit back before Justices
The following column, featuring a selected petition up for consideration at the Justices’ private conference on November 30, appears in today’s edition of Legal Times (available to subscribers here). To see the full list of “petitions to watch” for Friday’s conference, click here.
Today’s Orders
A copy of today’s orders is available here.
Argument Recap: LaRue v. DeWolff, Boberg & Assoc. (by Workplace Prof Blog)
Note: The following argument recap is by Paul Secunda of the University of Mississippi School of Law and Workplace Prof Blog, where this entry is cross-posted. The SCOTUSwiki page for this case, with more links and documents, is here.
Argument preview: Knight v. CIR
Argument Preview On November 27, 2007, the Supreme Court will hear Knight v. CIR.
The Week Ahead
On Monday, the Court is scheduled to hear argument in Larue v. DeWolff (06-856), asking whether ERISA provides private causes of action for plan participants alleging fiduciary breaches.
Hearing list — November-December sitting
Two seasoned advocates at the Supreme Court’s bar will argue the cases testing the legal rights of Guantanamo Bay detainees, set for a one-hour hearing at 10 a.m. on Wednesday, Dec. 5.
Today at the Supreme Court | 11.23.07
No oral arguments are scheduled and no non-capital orders are expected to be released from the Court today.
Today at the Supreme Court | 11.22.07
The Court is closed today for Thanksgiving.
Today at the Supreme Court | 11.21.07
No oral arguments are scheduled and no non-capital orders are expected to be released from the court today.
DC Guns Blog Round-Up
With so much commentary on the Court’s decision to grant cert. in the DC Guns case yesterday (DC v. Heller), we thought we’d do a blog Round-Up here on the main scroll. As always, additional links are updated throughout the day on the far right sidebar.
Commentary: The government and gun rights
More than five years ago, on May 6, 2002, the U.S. government told the Supreme Court — for the first time — that it had changed its decades-long position on gun rights.
Petitions to Watch | Conference of 12.7.07
The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of December 7. As always, the list reflects the petitions on the Court’s ‘paid’ docket that Tom has deemed to have a reasonable chance of being granted.
D.C. Guns Press Round-Up
Here’s a companion piece to Jason’s blog Round-Up; we’ve gathered together many of the news articles that cover the Court’s decision to grant cert. in the D.C. Guns case and included them below.
Today at the Supreme Court | 11.20.07
At 10 a.m., the Justices are expected to hold a private conference, orders from which could be released this afternoon in the event the Court grants certiorari in any cases up for consideration. Either way, we will provide coverage as soon we receive word.
Court agrees to rule on gun case
FINAL UPDATE 3:20 p.m. After a hiatus of 68 years, the Supreme Court on Tuesday agreed to rule on the meaning of the Second Amendment — the hotly contested part of the Constitution that guarantees “a right to keep and bear arms.” Not since 1939 has the Court heard a case directly testing the Amendment’s scope — and there is a debate about whether it actually decided anything in that earlier ruling.
Today’s Orders
A copy of today’s orders – consisting of grants of certiorari in District of Columbia v. Heller (07-290) and Chamber of Commerce, et al. v. Brown (06-939), and a postponement of jurisdiction in Riley v. Kennedy (07-77) – is available here.
The Week Ahead
On Tuesday, the Justices are scheduled to hold a private conference. (Click here for our list of petitions to watch.) Among the cases up for consideration are District of Columbia v. Heller (07-290) and a cross-petition, Parker v. District of Columbia (07-335), both stemming from the District’s handgun ban.
Today at the Supreme Court | 11.19.07
No oral arguments are scheduled and no non-capital orders are expected to be released from the Court today.
Conference Call: Justices to Mull Labor Law Preemption Dispute
The following column, featuring a selected petition up for consideration at the Justices’ private conference on November 20, appears in today’s edition of Legal Times (available to subscribers here). To see the full list of “petitions to watch” for Tuesday’s conference, click here.
The State of the Term
With the October and November argument calendars completed, I thought this would be a good time to update the State of the Term. Decisions. The Court has not issued any signed opinions from merits cases. Last Term at this point, the Justices had issued one signed opinion. The volume of cert grants.
Ask the Author: Christopher Eisgruber and The Next Justice, Part III
This is the final part of our newest installment in the Ask the Author series; Wednesdays Part I is here, and yesterday’s Part II is here. This edition features a conversation with Christopher Eisgruber about his new book, The Next Justice: Repairing the Supreme Court Appointments Process, which was released last week by Princeton University Press.
Today at the Supreme Court | 11.16.07
No oral arguments are scheduled and no non-capital orders are expected to be released from the Court today.
State defends death penalty for child rape
Louisiana officials have urged the Supreme Court to allow the state to continue to seek the death penalty for those convicted of child rape. In a brief in opposition (found here) filed on Wednesday, the state argued that there is a distinct trend across the country to impose death sentences for crimes that do not result in death of any victim.
January arguments, day by day
The Supreme Court will open its January sitting with the argument on constitutional issues surrounding the lethal injection method of execution. The Court on Friday released the calendar for the session beginning Jan. 7, with Baze v. Rees (07-5439) scheduled at 10 a.m. that first day.
New issues raised in Hall Street
The Supreme Court on Friday morning released this order directing the parties in Hall Street Assoc. v. Mattel (06-989) to file supplemental briefs on three issues. More on this case can be found here at SCOTUSwiki.
Ask the Author: Christopher Eisgruber and The Next Justice, Part II
This is Part II of our newest installment in the Ask the Author series; yesterday’s Part I is here. This edition features a conversation with Christopher Eisgruber about his new book, The Next Justice: Repairing the Supreme Court Appointments Process, which was released last week by Princeton University Press.
Today at the Supreme Court | 11.15.07
No oral arguments are scheduled and no non-capital orders are expected to be released from the Court today.
UPDATE: Florida execution put on hold
UPDATE 2:15 P.M. The Supreme Court Thursday ordered a delay in the planned execution Thursday evening of Florida death row inmate Mark Dean Schwab. The order (found here) is keyed to the coming petition for review in Schwab’s case: if the Court agrees to hear it, the stay will remain in effect; if not, the stay will dissolve immediately, according to the order.
Petitions to Watch | Conference of 11.30.07
The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of November 30. As always, the list reflects the petitions on the Court’s ‘paid’ docket that Tom has deemed to have a reasonable chance of being granted.