Argument Preview: Lawrence v. Florida on 10/31
The following argument preview was written by Chris Pudelski, an attorney at Akin Gump.
October 2006 Archive
Showing 1–50 of 94 items published in October 2006, most recent first.
Today at the Supreme Court: 10/31/06
Today beginning at 10 AM Eastern, the Supreme Court is scheduled to hear one hour of oral argument in Philip Morris v. Williams (preview here) followed by one hour of argument in Lawrence v. Florida (preview here).
Osborn v. Haley: Argument Recap
The following recap was written by Gia Kim of Akin Gump; we previously published her preview of this case here.
Analysis: Tobacco case going back?
If Justices of the Supreme Court cannot understand an instruction written for a jury in a civil case, what are the chances that the jury would have understood it? And, if it was an instruction that actually was never given, why does it matter?
Argument Wed., 11/1/06: Major test on Crawford, habeas
The Supreme Court faces a difficult task when it considers whether one of its new decisions on criminal law should apply to cases that arose before such a ruling was handed down – that is, whether to make the decision retroactive.
Today’s Transcripts
Working quickly today, the Supreme has posted the transcript for today’s argument in Philip Morris v. Williams here. Earlier today, Lyle posted this entry with an analysis of what transpired. UPDATE 2:29: The Court has now posted the transcript in Lawrence v. Florida here.
Supplemental Brief in KSR v. Teleflex
Today, we filed this Supplemental Brief for the Respondents in KSR v. Teleflex, a patent case set for oral argument before the Supreme Court on November 28. The top-side briefs in this case, including the Brief for the Petitioner, can be found here.
Argument Preview: Environmental Defense v. Duke Energy on 11/1
The following argument preview was written by David Thompson, a student in the Stanford Supreme Court Litigation Clinic. The Supreme Court will wrap up the first week of its November sitting on Wednesday, November 1 with Environmental Defense v. Duke Energy Corp. (05-848) followed by Whorton v. Bockting (preview here).
Round-Up
At Legal Times online, Tony Mauro has this report about today’s argument in Philip Morris. CNN.com’s Bill Mears filed this report about the same argument (both via How Appealing). Paul Horwitz comments on the argument here at PrawfsBlawg.
Today at the Supreme Court: 10/30/06
The Court is back in session this morning, as the “November” sitting begins at 10 AM Eastern. First, the Court will release an official Orders List with orders relating to Friday’s Conference (the Court also released a Miscellaneous Orders List on Friday afternoon granting four cases; for more, see Lyle’s post here).
Court denies antitrust immunity case
The Supreme Court on Monday refused to hear a challenge to the government’s power to prosecute a corporation that had previously been granted immunity in exchange for its cooperation in an antitrust investigation. The Court denied review of Stolt-Nielsen S.A., et al., v. U.S. (06-97, petition here).
January arguments, day by day
The Supreme Court on Monday released the calendar of cases to be argued in the January sitting, beginning Monday, Jan. 8 (download here). Here are the cases, day by day, with a summary of the issues at stake: Mon., Jan. 8 Moylan v. Camacho (06-116) — tax valuation method in Guam under its organic act; also, Court-added question on time of filing for Supreme Court review.
Argument Tuesday 10/31/06: Punishing Big Tobacco
Much of the argument in Philip Morris USA v. Williams (05-1256) on Tuesday (10 a.m.) will focus on what the Supreme Court meant as it sought over the past decade to refine constitutional “guideposts” on how heavily a corporation may be punished for wrongdoing.
“Conference Call” Petitions to Watch: 11/3
Today’s edition of “Conference Call” in Legal Times (click here; subscription req’d) features petitions to watch for the Justices’ Conference of 11/3. Our SCOTUSblog supplement for this Conference, featuring downloadable versions of all of the highlighted petitions, can now be found here.
Burton v. Waddington Reply Brief
Today, the Stanford Supreme Court Litigation Clinic filed this reply brief in the case of Burton v. Waddington (05-9222).
Today’s Transcripts
The Supreme Court has just posted the transcripts for both of today’s arguments here.
Round-Up
In addition to Lyle’s post regarding tomorrow’s argument in Philip Morris v. Williams, more articles about the case are available here from the AP, here in the Christian Science Monitor, and here from Legal Times (via How Appealing).
Student speech case to Court
UPDATE: The case has been docketed as 06-595).
Tomorrow’s Argument in Jones v. Bock/Williams v. Overton
The following argument preview was written by Melanie Wachtell, a student at Stanford Law School: The second argument Monday is the consolidated argument of Jones v. Bock, No. 05-7058, and Williams v. Overton, No. 05-7142.
Today at the Supreme Court: 10/27/06
The Court is holding a private Conference today on new and pending cases, and it could issue orders later in the day. Otherwise, orders will be issued next Monday at 10 AM eastern. If orders are issued this afternoon, we will post them promptly.
Judge to review Hamdan case further
U.S. District Judge James Robertson on Friday ordered a new review of his Court’s authority to decide remaining issues in the case of Salim Ahmed Hamdan — the individual whose case led to the Supreme Court decision last June nullifying President Bush’s system for war crimes tribunals for suspects held at Guantanamo Bay, Cuba.
Argument Preview: Osborn v. Haley on Monday, 10/30
The following argument preview was written by Gia Kim, an attorney in Akin Gump’s appellate group. Osborn v. Haley, No. 05-593 (briefs here), the first case to be argued Monday, concerns procedural and jurisdictional issues related to the portion of the Federal Tort Claims Act (FTCA) known as the Westfall Act.
Hearing List for “November” Sitting
Here is the Hearing List for the cases to be argued over the next two weeks. As expected, Solicitor General Clement will argue in favor of the constitutionality of the federal “partial-birth” abortion statute in the two cases addressing that question on November 8th.
Court to hear Microsoft appeal, three other cases
UPDATED 3:25 p.m. The Supreme Court agreed on Friday to clarify how U.S. patent laws apply to computer software code that is shipped abroad for installation in foreign-made computers.
Today at the Supreme Court: 10/26/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Ask the Author: Phyllis Schlafly, Part 2
Yesterday, we posted part 1 of our discussion with Phyllis Schlafly, whose book, The Supremacists: The Tyranny of Judges and How to Stop It, has recently been revised and expanded.
Round-Up
There was quite a bit of news and opinion today about Philip Morris v. Williams, the punitive damages case to be argued this coming Tuesday, 10/31 (the briefs can be found here). The WSJ Law Blog has previews the case here. The ACSBlog has a preview here by William B. Schultz and Andrew N. Goldfarb.
Today at the Supreme Court: 10/25/06
No oral arguments are scheduled and no regular non-capital orders or opinions are expected to be issued today. (Late on Tuesday, the Chief Justice denied a stay application in Blackwater Security Consulting v. Nordan (06A396), a case growing out of the deaths of four American private workers in Iraq in March 2004.
Military contractor case back to state court
Chief Justice John G. Roberts, Jr., late on Tuesday refused to delay a Fourth Circuit Court ruling that will require a military contractor in Iraq to defend in state court its actions in an incident that left four American workers dead after they were ambushed in the city of Fallujah.
Roberts makes appointment
Chief Justice John G. Roberts, Jr., on Wednesday named Jill C. Sayenga as the new deputy director of the Administrative Office of U.S. Courts. The director of the Office, James C. Duff, was named by Roberts earlier. Sayenga has been the Circuit Executive for the D.C. Circuit.
Ask the Author: Phyllis Schlafly, Part I
Today, our “Ask the Author” series continues, and our guest is Phyllis Schlafly. Phyllis’s book about the status of the judiciary and the Supreme Court in America, The Supremacists: The Tyranny of Judges and How to Stop It, has recently been revised and expanded.
New Jersey: gays due marriage benefits but no right to marry
The New Jersey Supreme Court, relying on the state constitution, ruled on Wednesday that the state must provide same-sex couples the “same rights and benefits” that opposite-sex couples have under state marriage laws.
Round-Up
Dahlia Lithwick wrote this piece at Slate criticizing certain Justices for their remarks about the Supreme Court press corps. Over the weekend, The Oregonian carried this story about the case Weyerhaeuser v. Ross Simmons Lumber. (Thanks to John Moore for the heads-up).
Today at the Supreme Court: 10/24/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today. The Chief Justice is considering a stay application in Blackwater Security Consulting v. Nordan (06A396), a case growing out of the deaths of four American private workers in Iraq in March 2004.
Ask the Author: More on the Impact of Pauper Status, Part 2
This is Part 2 of our discussion about the impact of IFP status with Christina Boyd and Ryan Black of Washington University in St. Louis. Part 1 of this series can be found here. Ryan and Christina have co-authored a paper on this topic, and it can be found here.
Round-Up
UPDATE: Slate has posted this discussion of Purcell v. Gonzalez; it’s by Rick Hasen of the Election Law Blog. Orin Kerr of George Washington University Law responds to Rick’s column this way: “Interesting essay.
Today at the Supreme Court: 10/23/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Ask the Author: More on the Impact of Pauper Status
In the comments to two previous posts (here and here), many people have expressed interest in knowing more about IFP petitions, only a handful of which the Court grants each term (despite their comprising the majority of petitions filed), and to which we don’t devote nearly as much coverage as we do to paid petitions.
Congratulations!
It’s now officially autumn, which means that the leaves are falling off the trees and law students all over the country (as well as recent grads) are securing judicial clerkships for next autumn.
News Round-Up
John Heilprin filed this report for the Associated Press about remarks that Justice Scalia made over the weekend at a panel sponsored by the National Italian American Foundation.
Today at the Supreme Court: 10/20/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
“Conference Call” Petitions to Watch
Monday’s edition of “Conference Call” in Legal Times will feature petitions to watch for the Justices’ Conference of 10/27. Our SCOTUSblog supplement for this Conference, featuring downloadable versions of all of the highlighted petitions, can be found here.
Two New Filings
Today, the Stanford Law School Supreme Court Litigation Clinic is filing this cert. petition in Pinks v. North Dakota. At issue in the case is whether the Confrontation Clause allows a prosecutor to introduce a forensic examiner’s crime lab report against the defendant in lieu of the examiner’s live testimony as long as the defendant has the ability to subpoena the examiner as part of his defense.
Court Issues Opinion in Election Law Case
The Supreme Court issued this per curiam opinion this afternoon reversing a Ninth Circuit decision which would have invalidated a new voter i.d. law in Arizona. Thanks to Rick Hasen for breaking the story; he has more on the matter at his Election Law Blog here.
New briefs ordered on detainee law
The D.C. Circuit Court on Wednesday agreed to call for new briefs on the impact of the new detainee law on two packets of cases in which captives at Guantanamo Bay, Cuba, are testing their original detention and continued imprisonment.
Today at the Supreme Court: 10/19/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Round-Up
Ethan Lieb at Prawfsblawg has a post here highlighting the continuing legal saga of Coke v. Long Island Care at Home; he believes the Second Circuit continues to thumb its nose at the Supreme Court with this recent opinion.
Swift responses to new law on detainees
Congress’ new legislation reacting to the Supreme Court’s June 28 decision in Hamdan v. Rumsfeld has now been signed into law. This is expected to set the stage for a variety of new challenges to various provisions in the new law, ultimately reaching the Supreme Court.
Today at the Supreme Court: 10/18/06
No oral arguments are scheduled and no orders or opinions are expected to be issued today.
KSR v. Teleflex: Bottom-Side Briefs
UPDATE: 11/21: Please note that Michelin North America, originally a party to the “Automotive Suppliers” brief, has withdrawn its participation as an amicus. UPDATE: 10/20 9:45 AM: Amicus brief of “Universities” added, “Small Tech.” brief updated.
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