Showing 1–50 of 98 items published in September 2005, most recent first.
The government and the tobacco industry appear likely to learn as soon as Oct. 17 the fate of the campaign by the Justice Department to force the surrender of profits from an alleged decades-long campaign of deception about smoking hazards.
Justice O’Connor is the only current Justice who has ever been an elected official. (Indeed, for a short while, she was Majority Leader of the Arizona Senate.)
Chief Justice John G. Roberts, Jr., in his first formal action on his first day on the job, on Friday adopted the policy followed for years by most of his new colleagues on when he would take himself out of pending cases — in other words, his recusal policy.
(This is another in a continuing series of reports on the aftermath of Supreme Court rulings — in this case, a decision last May not to decide. That was the outcome in the case of Medellin v. Dretke.
This morning the American Constitution Society hosted a Supreme Court preview. A video of the event can be found here.
By a vote of 78-22, John Roberts has been confirmed as the new Chief Justice.
Chief Justice John G. Roberts, Jr., will take another oath of office on Monday, but that is a mere formality: he is now a fully functioning Chief Justice with all the authority of the office, after taking two oaths at the White House Thursday afternoon.
Yesterday, we filed a reply brief in Hadfield v. McDonough, No. 05-214, a cert. petition that seeks review of a question involving the interplay between the Supreme Court’s decision in Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) and the so-called “Parratt-Hudson” doctrine.
The pretty consistent word at this point is that the President is unlikely to announce a nomination tomorrow. Look for Monday or Tuesday.
The First Amendment Center has posted this article by Tony Mauro on the Court’s decision to revisit the campaign finance debate. Here is Underneath Their Robes on the speculation that Judge Danny J. Boggs, of the Sixth Circuit will be nominated to replace Justice O’Connor.
For those who are considering heading down to the Court on Monday, here is our current understanding of the logistics. First, there will be an investiture ceremony at 9:15 a.m. It is by invitation only. Those with invitations should arrive at the Court at 8:30 a.m.
Via How Appealing, the A.P. article is available here.
Of the cases the Court has granted prior to today’s announcement, there are at least five that have generated (or that ought to generate) sustained interest and attention.
With great thanks to an alert reader who found it, the Orders List is already up, and available here.
Here are the new cases in which the Court granted cert.
The Bazelon Center has collected the briefs in the consolidated cases of United States v. Georgia, No. 04-1203, and Goodman v. Georgia, No. 04-1236. The case is scheduled for argument on November 9.
The Supreme Court, granting review of 11 new cases for the Term that opens formally on Oct. 3, on Monday stepped back into the lingering controversy over government restrictions on election campaign financing.
Here is Rick Hasen on the Court’s decision this morning to grant cert in two campaign finance cases. Election Law Blog discusses the cases further here. The First Amendment Center has posted this article by Tony Mauro on the First Amendment cases on the fall docket.
On October 7th the University of Minnesota Law School and The Federalist Socity for Law and Public Policy Studies will be hosting: A TAX POLICY CONFERENCE: STATE TAX INCENTIVES FOR ECONOMIC DEVELOPMENT at the the University of Minnesota Law School.
Law Dork has this post on the new Court and the Commerce Clause. Indiana Barriser reports here on a new bill S. 1786, authored by Sen. Arlen Specter, which would allow the televising of United States Supreme Court proceedings.
The Supreme Court has dropped a case from its argument calendar for November because attorneys involved, from New Orleans, have suffered losses in hurricane Katrina.
Justice Breyer has just published a book, “Active Liberty: Interpreting Our Democratic Constitution.” Adam Cohen of the New York Times comments here. Ann Althouse comments on the book and its review here. Here is a website devoted to Gonzales v. O Centro Espirita Beneficente União do Vegetal.
The Justice Department on Friday asked the Supreme Court to uphold the constitutionality of a nationwide ban on a medical procedure that abortion opponents persuaded Congress to pass to outlaw what they call “partial-birth” abortions.
Senate leaders have tentatively set Thursday of this week as the day for a final vote in the Senate on the nomination of Circuit Judge John G. Roberts, Jr., to be Chief Justice.
(And we think it will be) You should watch this space tomorrow at 10 a.m., when the Court traditionally issues orders after its long conference.
Another alert reader raised two other noteworthy petitions. First, No. 04-1328, Ferguson v. West Virginia, presents a question regarding the scope of the confrontation right recognized in Crawford v. Washington.
A reader helpfully alerted us to three noteworthy petitions involving a Commerce Clause challenge to Ohio’s investment tax credit and property tax exemption scheme — Nos. 04-1704, -1407, and -1724 — collectively, the “Cuno” case.
Tax Prof Blog has this post with the briefs filed in the Solomon Amendment case. Here is an Inside Higher Ed article, with links to briefs, by Doug Lederman on the issue. Election Law Blog this post on Judge Roberts, voting rights and Bush v. Gore.
Tuesday I recommended that readers interested in Kelo take a look at Professor Thomas Merrill’s lucid and against-the-grain Senate testimony.
Judges and Jewry is tracking the Democrats’ votes on Judge Roberts. The Volokh Conspiracy has this post on whether or not Justice Ginsburg, in the past, endorsed lowering the age of consent to 12. PrawfsBlawg comments on the post here.
On September 28th, the American Constitution Society is hosting a luncheon panel on: “The Upcoming Supreme Court Term: A Preview ” featuring: Beth Brinkman, Morrison & Foerster; former Assistant to the U.S. Solicitor General Walter Dellinger, III, O’Melveny & Meyers; former Acting U.S. Solicitor
A running tally of the votes in the Senate Judiciary Committee this morning on the nomination of Circuit Judge John G. Roberts, Jr., to be Chief Justice is being posted on the Washington Post’s website, at this link.
Circuit Judge John G. Roberts, Jr., won approval of the Senate Judiciary Committee early Thursday afternoon to be Chief Justice, gaining the support of three Democrats and all Republicans on that Committee. The final vote, announced at 12:55 p.m., was 13-5.
Here are the “paid” petitions on the upcoming long conference (the one at the end of the summer recess) that struck me has most likely to get serious consideration.
ACSBlog has made available a video of a panel from their National Convention on “The New Takings Jurisprudence” which featured former Solicitor General Seth Waxman. ACSBlog also has this post on a lecture Professor Laurence H. Tribe delivered to commemorate Constitution Day at Harvard University.
Just a quick note that the firm is now starting to turn to law student hiring for the summer of 2006. Summer associates spend most of their time litigating Supreme Court cases. We will have 2 or 3 2L slots (more likely the former) and 2 to 4 3L pre-clerkship slots.
(Cross-posted at Balkinization.) I encourage anyone outraged by, or otherwise interested in, the Court’s recent Kelo decision to take a careful look at today’s testimony in the Senate Judiciary Committee by Columbia Law Professor Thomas Merrill, one of the participants in our group-blog on Kelo back in June.
The briefs in two pending petitions for certiorari raise an interesting point of Supreme Court procedure. The Solicitor General’s petition for certiorari in the tobacco RICO case (No. 05-92, United States v. Philip Morris USA) seeks review of the D.C. Circuit’s limited reading of the government’s ability to secure disgorgement of illegally obtained profits under RICO. [Update: the companies’ response is here.]
(A constitutional challenge to the military commissions set up by President Bush to conduct war crimes trials of terrorism suspects is pending at the Supreme Court, and appears likely to be acted upon by the Justices in late September or at the opening of the new Term on Oct. 3.
(A constitutional challenge to the military commissions set up by President Bush to conduct war crimes trials of terrorism suspects is pending at the Supreme Court, and appears likely to be acted upon by the Justices in late September or at the opening of the new Term on Oct. 3.
Yesterday Senator Kennedy continued to ask Judge Roberts his views on the Voting Rights Act. Here Rick Hasen comments on Roberts’ response. The Election Law Blog also has this post on “Judge Roberts’ Non-Answer on McConnell (and Bush v. Gore).” Tax Prof Blog has this post on Roberts and judicial humility.
I’m glad to see the number of hits we’ve been getting, and I’m grateful for the notes some of you have sent and for the links from other blogs. I apologize that blogging has been a little slow sometimes. I’m doing the NPR commentary in parallel.
Judge John G. Roberts, Jr., has now finished his appearance before the Senate Judiciary Committee on his nomination to be Chief Justice. The only real question about his prospects, it appears, is how many votes he will get from Democratic senators.
5:54 – This is a miscellaneous panel that isn’t going to be interesting. So I’m going to sign off for the evening to focus on NPR and a talk I need to give tomorrow.
As a follow-up to my previous post, here’s more testimony from today on war powers and related questions: SEN. LEAHY: Can Congress stop a war? ROBERTS: Well, that’s, of course, a difficult question.
“That concludes our hearing,” Senate Judiciary Committee Chairman Arlen Specter declared at 7:10 p.m. Thursday. The adjournmen came after eight minutes of closing remarks by Specter and ranking Democrat Patrick Leahy. In his closing remarks.
In his invaluable as-it-happens blogging of the hearing, Tom expresses surprise that the Leahy/Roberts exchange has become so “heated” on what Tom calls a “pretty dry issue” — namely, whether Congress can, by statute, require cessation of military hostilities or prohibit the President from using torture.
During a long day of senatorial questioning of Judge John G. Roberts, Jr., on Tuesday, the nominee to be Chief Justice was revealed as an interesting combination of a constitutional “originalist” and a believer that the Constitution changes over time – that it is in some ways a living document.
Reshaping the Supreme Court Friday, September 16, 2005 9:00 a.m. – 10:30 a.m The Brookings Institution Falk Auditorium 1775 Massachusetts Avenue, NW Washington, D.C. For more information and RSVP details please see this flier.
On September 28th, the American Constitution Society is hosting a luncheon panel on: “The Upcoming Supreme Court Term: A Preview ” featuring: Beth Brinkman, Morrison & Foerster; former Assistant to the U.S. Solicitor General Walter Dellinger, III, O’Melveny & Meyers; former Acting U.S. Solicitor