Today at the Supreme Court: 11/30/06
No oral arguments are scheduled and no non-capital orders or opinions are expected today.
November 2006 Archive
Showing 1–50 of 116 items published in November 2006, most recent first.
Government seeks delay in Hamdan case
The case of Hamdan v. Rumsfeld is now pending in U.S. District Court in Washington (docket 04-1519) following the Supreme Court’s ruling in Salim Ahmed Hamdan’s favor last June. UPDATE: 2 p.m.
Argument Recap: KSR v. Teleflex on 11/28
The following argument recap was written by Brian Love of the Stanford Supreme Court Litigation Clinic. His preview of this case, including links to all the briefs, can be found here. Lyle Denniston also posted an analysis of oral argument here.
Round-Up
Recaps and analyses of yesterday’s oral argument in Mass. v. EPA abound. Here is Dahlia Lithwick writing at Slate, and here she is again, this time discussing the case on NPR; Nina Totenberg also had a piece on NPR that can be found here.
An Update on the State of the Docket
A couple of preliminary notes about this post: Like a similar post I wrote earlier in the Term, this one is very “inside baseball” on the Court’s docket. In addition, the post shouldn’t be misunderstood as a criticism of the Court’s approach to granting cases.
What Do You Think of the Court’s Cert. Practice, Anyway?
Thanks to Tom for that informative post below on the Incredible Shrinking Docket. I’ll bite on the “normative” question: Is there anything the Court ought to be doing differently?
Today at the Supreme Court: 11/29/06
Beginning at 10 AM eastern, the Court will hear one hour of oral argument in Massachusetts v. EPA (preview here) followed by one hour of argument in Watters v. Wachovia Bank (preview here). Transcripts of both arguments should be available sometime this afternoon.
Round-Up
Updated 3:20 PM Previews and editorials about today’s argument in Mass. v. EPA: Nina Totenberg has a story at NPR here. Felicity Barringer has a preview in the New York Times here.
Analysis: Kennedy key to global warming challenge
The Supreme Court’s first public discussion of global warming was, in large part, an inquiry into the opportunity — or lack of it — to bring a lawsuit to try to force the government to promptly address the problem (the “standing” issue).
Today’s Transcripts: 11/29
The Court has just posted the transcript in Mass. v. EPA here. UPDATE: Watters v. Wachovia can now be found here.
Recap: Ledbetter v. Goodyear on 11/27
The following argument recap was written by Rae Woods of the Stanford Supreme Court Litigation Clinic. Her preview of this case is here. On Monday, the Supreme Court heard argument in Ledbetter v. Goodyear Tire and Rubber Co. (No. 05-1074).
Two New Filings
Yesterday, several members of the New York office of Akin Gump, led by Andrew Rossman, along with Carter Philips of Sidley Austin, filed this cert. petition in New York State Board of Elections v. Lopez Torres.
Recap: Bell Atlantic v. Twombly on 11/27
The following argument recap was written by David Moskowitz of the Stanford Supreme Court Litigation Clinic. His preview of this argument can be found here.
Today at the Supreme Court: 11/28/06
Beginning at 10 AM eastern, the Court will hear one hour of oral argument in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co. (preview here) followed by one hour of argument in KSR v. Teleflex (preview here). Transcripts of both arguments should be available sometime this afternoon.
EPA argument 11/29/06: Major precedent looms? Maybe not
The specter of the planet rapidly and disastrously heating up, and the question of what to do about it, hang over the argument in Massachusetts, et al., v. Environmental Protection Agency, et al. (05-1120) at 10 a.m. Wednesday in the Supreme Court.
Analysis: Patent law made for tinkerers?
If the world of invention is made up more of practical tinkerers than of dreamers with iconoclastic imaginations, then the Supreme Court may be on the way to creating patent law to fit that world better.
Today’s Transcripts: 11/28/06
The transcripts for today’s arguments in both Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co. and KSR v. Teleflex have just been posted here.
Mid-day Round-Up
Mark Anderson of the WSJ reports about today’s argument in KSR v. Teleflex here at the Wall Street Journal. Earlier, Jess Bravin of the same publication previewed the case here and Peter Lattman of the WSJ’s Law Blog previewed it here. Tony Mauro also previewed KSR here at Law.com.
Argument Preview: Watters v. Wachovia Bank on 11/29
The following argument preview was written by Jennifer Liu of the Stanford Supreme Court Litigation Clinic. On Wednesday, November 29, the Court will hear argument in Watters v. Wachovia Bank (No. 05-1342).
“December” Hearing List
This is the hearing list for the ten arguments in the session beginning this morning. The Solicitor General is arguing next Monday in both of the cases involving race-conscious K-12 admissions. Deputy SG Greg Garre is arguing the important EPA v. Massachusetts case next Tuesday.
Argument Preview: Ledbetter v. Goodyear Tire and Rubber Co. on 11/27
The following argument preview was written by Rae Woods of the Stanford Supreme Court Litigation Clinic. Oral arguments for Ledbetter v. Goodyear Tire and Rubber Co. will be heard on Monday, November 27 (No. 05-1074).
Today at the Supreme Court: 11/27/06
The Court returns to the bench today as a new sitting begins at 10 AM eastern. The Court will first release an Orders List relating to its Conference of 11/21; we will bring you coverage of that as soon as it is released (our list of “petitions to watch” for Tuesday’s Conference is here).
Court orders new review of ERISA case
The Supreme Court on Monday ordered the Ninth Circuit Court to reconsider a ruling on federal courts’ authority to review denials of benefits to a worker by the administrator of an employee plan.
Court denies Times plea
The Supreme Court, without noted dissent, refused on Monday to block the forced disclosure to federal investigators of telephone records of two New York Times reporters.
Court to release audiotapes of school cases
The Supreme Court will release on a same-day basis the audiotapes of the oral arguments next Monday, Dec. 4, in the two cases on the use of race in assignment of students to public schools. The Court’s press release can be found here.
Grand jury feud reaches Court
UPDATE: Tuesday Nov. 28, P.M.: Senator Fumo’s redacted petition was filed as In re Grand Jury (06-727). The petition names U.S. District Judge Legrome D. Davis as the judge the senator sought to remove as supervising judge of the federal grand jury.
Argument Preview: Weyerhaeuser Co. v. Ross-Simmons on 11/28
The following argument preview was written by Fred Smith of the Stanford Supreme Court Litigation Clinic. In Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., the Supreme Court outlined the elements a plaintiff must prove when alleging that the defendant engaged in predatory selling practices, in violation of Section 2 of the Sherman Antitrust Act.
Today’s Transcripts: 11/27
Today’s transcripts in both Ledbetter v. Goodyear and Bell Atlantic v. Twombly are available here.
Round-Up
Workplace Prof Blog has some early thoughts on today’s argument in Ledbetter here. That post mentions an article at FindLaw by Joanna Grossman and Deborah Brake about the same case which can be found here (an earlier installment of their column that is also about Ledbetter can be found here).
Argument Preview: KSR v. Teleflex on 11/28
The following argument preview was written by Brian Love of the Stanford Supreme Court Litigation Clinic. On Tuesday, November 28, the Court will hear argument in KSR International Co. v. Teleflex, Inc. (No. 04-1350).
“Conference Call” Petitions to Watch: 12/1
Monday’s edition of “Conference Call” in Legal Times (column archive here; subscription req’d) will feature petitions to watch for the Justices’ Conference of 12/1.
Argument Preview: Bell Atlantic Corp. v. Twombly on 11/27
The following argument preview was written by David Moskowitz, a student in the Stanford Supreme Court Litigation Clinic. On Monday, November 27, the Supreme Court will hear oral argument in Bell Atlantic Corp. v. Twombly (No. 05-1126).
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New York Times seeks shield for phone records
(UPDATED 11:20 a.m. Saturday, Nov. 25) The New York Times on Friday asked Supreme Court Justice Ruth Bader Ginsburg to delay a federal appeals court order that requires the newspaper to turn over to federal prosecutors telephone records of two reporters for use in a government investigation of suspected news leaks.
Today at the Supreme Court: 11/22/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Today at the Supreme Court: 11/21/06
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 Monday, 11/27, at 10 AM eastern. You can see our “Petitions to Watch” for today’s Conference here.
Round-Up
At the Volokh Conspiracy, Orin Kerr highlights a Yale Pocket Part article about Bush v. Gore‘s precedential value. At PrawfsBlawg, Tung Yin wonders how law profs should teach Hamdan v. Rumsfeld. In an article here at LLRX.com, Michael Ravnitzky discusses the Supreme Court’s use of foreign law.
Reno, others challenge wartime detention policy
A wide array of friends-of-court, led by former U.S. Attorney General Janet Reno, have urged the Fourth Circuit Court to bar the federal government from detaining without charges any terrorism suspect not captured on a foreign battlfield.
Today at the Supreme Court: 11/20/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Podcast #7 — Election Law with Rick Hasen
Today’s podcast features a discussion about election law at the Supreme Court with Professor Rick Hasen of the Election Law Blog. In this episode, Rick discusses this term’s first opinion (Purcell v. Gonzales) and gives us a preview of the next big election law disputes that look headed to the Supreme Court.
Several New Filings
UPDATED x2 5:28 PM. The Petitioner’s Reply Brief in the patent case KSR v. Teleflex, attached here, was filed late last week with the Court. All earlier briefs on both sides of the case are linked to in this earlier post.
How Have Our “Petitions to Watch” Fared?
Before each conference, we’ve posted a list of “Petitions to Watch,” which includes the paid cases that we think will be taken most seriously. This Term (which includes cases considered during the Long Conference of September 25): The Court has granted 18 cases (3 of these are sets of two consolidated petitions).
Round-Up
The Harvard Crimson contains a report here of a recent moot court in the case of Meredith v. Jefferson County; the case will be argued before the Supreme Court on December 4 (via How Appealing) Robert Barnes has an article in today’s Washington Post about the public remarks of both Chief Justice Roberts and Justice Alito here.
Detainees appeal to judicial modesty
UPDATE Tuesday p.m. The second detainees’ brief filed Monday is now available. It can be found here. Guantanamo Bay prisoners moved on Monday to portray the Justice Department as spoiling for a constitutional fight over Congress’ power to narrow the legal rights of detainees — a fight that the defense lawyers insisted should be avoided.
Today at the Supreme Court: 11/17/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
“Conference Call” Petitions to Watch: 11/21
Monday’s edition of “Conference Call” in Legal Times (column archive here; subscription req’d) will feature petitions to watch for the Justices’ Conference of 11/21.
Round-Up
UPDATE: Ken Jost of CQ Weekly has this column about the partial-birth abortion cases. UPDATE: Marcia Coyle has an article here (subscription req’d) in the National Law Journal about the upcoming case Weyerhaeuser v. Ross-Simmons Lumber ABC News has posted the complete transcript of Monday’s hour-long discussion between Jan Crawford Greenburg and the Chief Justice here.
Hamdan’s case: Longer list of constitutional issues
Lawyers for Salim Ahmed Hamdan, in a sweeping challenge to the new Military Commissions Act, on Friday added a handful of new fundamental constitutional complaints as they filed the first full-scale brief by opponents.
Today at the Supreme Court: 11/16/06
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
Charity S. Ct. Bobbleheads
eBay is now carrying auctions of Kennedy and Stevens bobbleheads, with all proceeds to go to the Combined Federal Campaign. As I learned when I auctioned my Rehnquist bobblehead for charity, to protect against fraud, eBay forbids advertising in the auction that the proceeds will go to charity unless you follow fairly onerous procedures.