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Archive for October, 2007

The New York Times has an article that outline the facts surrounding the Court’s recent stay reversal. They slide in this blurb:
Even without a written opinion, the Supreme Court’s action Tuesday night clarified a situation that had become increasingly confusing as state courts and the lower federal courts, without further guidance from the justices, wrestled […]

In a surprising turn of events, the Supreme Court offered a stay in the case of Earl Barry. Just yesterday, they had denied stay in the case.
Barry was scheduled to be executed around 6:00 local. Apparently, the Court granted stay 15 minutes before he was scheduled to meet his maker.
In the Order, the Court specifically […]

Yesterday, The Supreme Court released an order in Berry v. Mississippi. In an unusual move, the Court denied Earl Berry’s stay for execution and proceeded to briefly explain their decision:
The judgment of the Mississippi Supreme Court relies upon an adequate and independent state ground that deprives the Court of jurisdiction.
The Supreme Court has now granted […]

During oral arguments in Gall v. US two weeks ago, the court discussed whether sentences that fell within guidelines are presumed to be reasonable. My earlier analysis of the case can be found here.
Justice Thomas has been a long-time critic of Judges who speak out during oral arguments only to argue with their colleagues. […]

The Supreme Court today, divided 4-4, affirmed the lower court’s ruling in Board of Education v. Tom F. in a blank per curiam opinion. Justice Kennedy had recused himself from this case.
Tom F. centers around the applicabilty of the Individuals with Disabilities Act to students who have not previously recieved education from a public agency. […]

C-Span followed Clarence Thomas around his book release party at the home of Armstrong Williams. Its a rather amusing video with cameos from David Souter, Antonin Scalia, John Roberts, Stephen Breyer, Samuel Alito, the ever-lovely Ruth Bader Ginsburg, Arlen Specter, Lindsey Graham, Dick Cheney and a plethora of mid-major political stars and their spouses. Here […]

I blogged a few days ago about the surprising turn of events in which the Court refused to stay an execution on Tuesday but granted a stay in a nearly identical case on Thursday.
According to TheRegister (via Engadget), Michael Richards was unable to receive a stay on his execution because his attorney was 20 minutes […]

The New York Times features an editorial today about Clarence Thomas today entitled “The Angriest Justice.” The author argues that because Justice Thomas wrote a book that may not be “consistent with the dignity of the court,” he could be an impartial jurist.
The problem with Justice Thomas’s book, “My Grandfather’s Son,” is that it nurses […]

Its no secret that Justice Scalia loves 24, but seeing the Justices in cartoon form is always funny.

As a person who was only 2-years old when Clarence Thomas when through the confirmation process and 3-years old when he took his seat on the bench, I was shocked to see Clarence speak so much during his interview on 60-minutes.
Part I:

Part II:

Part III:

Though I’ve always heard the rhetoric he used during his hearing, […]

The Court officially convened the 2007 term yesterday. The arguments that it heard yesterday were of marginal interest but the cases today, Gall and Kimbrough are sure to please. This is the only way to accurately summarize how I feel:

Welcome back, Justice. Welcome back.

On Thursday the Court issued a stay on the execution of Texas inmate Carlton Turner.
07A272 TURNER, CARLTON A. V. TEXAS
The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the timely filing and […]

[ October 2, 2007; ] On October 2, 2007, the Supreme Court will hear oral arguments in Gall v. US. Brian Gall sold ecstasy at the University of Iowa for a few months in 2000. After cleaning up his act, he graduated, moved to Arizona, and started a job in the construction industry. Law enforcement officers came to him three-years […]

[ October 1, 2007; 10:00 am to 11:00 am. ] On October 1, 2007, the Court will hear the first case of the October 2007 term. Washington State Grange v. Washington Republican Party and its sister case, Washington v. Washington Republican Party, centers around the Washington state law that allows candidates to state their ‘party preference’ as opposed to an all-out party affiliation and its […]




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