Archive for March, 2009
Supreme Court Issues Four Opinions Today
0 Comments Published by Kedar March 9th, 2009 in Supreme CourtThe Supreme Court handed down four opinions today. (33) Kansas v. Colorado Questions Presented Case Number: 105, Original On Appeal From: – Date Argued: December 1, 2008 Date Decided: March 9, 2009 9-0; Affirmed Majority: Alito(m), Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Roberts(c), Souter Days between argument and opinion: 97 (32) Vermont v. Brillon Docket [...]
Justice Ginsburg and the Future of the Court
0 Comments Published by James March 7th, 2009 in Current Events, Ruth Bader Ginsburg, Statistics, Supreme CourtOne can only hope that Senator Jim Bunning (R-KY) horded the tasteless Intrade contract for “Ruth Bader Ginsburg to Be Next Justice to Depart US Supreme Court,” looking to cash in on his classy prediction that the Justice would be dead in nine months. I think everyone-except Bunning, that is–breathed a collective sigh of relief [...]
Court Dismisses Al-Marri Case
0 Comments Published by Kedar March 6th, 2009 in Constitutional Law, Court Procedure, Foreign Detainees, Supreme CourtThe Supreme Court dismissed the suit brought in al-Marri v. Spagone during conference this morning. The order is here. Al-Marri argued that he was being held unlawfully because he had not been formally charged with any crimes during his almost 6-year long detention. That changed last week when the Obama administration filed formal charges against [...]
Supreme Court Could Decide Fate of Al-Marri As Early As Friday
0 Comments Published by Kedar March 4th, 2009 in Barack Obama, Court Procedure, Foreign Detainees, Supreme CourtThe Supreme Court will discuss whether or not to continue the case of al-Marri during conference on Friday, March 6, according to the Supreme Court’s docket sheet. Among other things, Al-Marri charges that his detention without formal charges represents an unconstitutional breach of habeus corpus. Last week, the Obama administration formally charged Al-Marri and motioned [...]
Supreme Court Hands Down Opinion in Federal Pre-emption case
0 Comments Published by Kedar March 4th, 2009 in Clarence Thomas, Constitutional Law, John Paul Stevens, Justices and Judges, Supreme CourtThe Supreme Court handed down an opinion today in Wyeth v. Levine (here). (29) Wyeth v. Levine Docket Filing | Questions Presented Case Number: 06-1249 On Appeal From: SC-VT Date Argued: November 3, 2008 Date Decided: March 4, 2009 6-3; Affirmed Majority: Stevens(m), Kennedy, Souter, Ginsburg, Breyer(c), Thomas(c) Dissent: Alito(d), Roberts, Scalia Days between argument [...]
Justice O’Connor Appears On The Daily Show with Jon Stewart
0 Comments Published by Kedar March 4th, 2009 in Justices and Judges, Sandra Day O'ConnorJustice O’Connor went on The Daily Show last night to talk about her new civics project, www.OurCourts.org. Its a pretty entertaining interview for anyone interested in the Court, and she mentions at various points how she was upset at the backlash from Bush v. Gore and how she hates being called a “swing” justice. Part [...]
The Birthers v. The Nine
1 Comment Published by James March 3rd, 2009 in Barack Obama, Court Procedure, Current Events, PresidentPolitico has an article up this week about “the birthers,” a fringe group that challenges the validity of Obama’s ascendency to the presidency on the alleged basis that he was born outside the United States. Such a claim, if true, would render him constitutionally ineligible for office pursuant to Article II, Section I, Clause IV. [...]
Supreme Court Further Constricts Article III Taxpayer Standing
0 Comments Published by Kedar March 3rd, 2009 in Antonin Scalia, Constitutional Law, Supreme CourtThe Supreme Court continued its quest to strike at Article III taxpayer standing today in its opinion in Summers v. Earth Island Institute (here). In 1968, the Court ruled 8-1 in Flast v. Cohen (here) that Florence Flast and others could file suit against the Secretary of Health, Education, and Welfare for violating the First [...]
Supreme Court Hands Down Two Opinions Today
0 Comments Published by Kedar March 3rd, 2009 in Constitutional Law, Supreme CourtThe Supreme Court handed down two opinions today. (28) Negusie v. Holder Docket Filing | Questions Presented Case Number: 07-499 On Appeal From: USCA-5 Date Argued: November 5, 2008 Date Decided: March 3, 2009 8-1; Reversed and Remanded Majority: Kennedy(m), Roberts, Scalia(c), Souter, Ginsburg, Alito, Stevens(c), Breyer Dissent: Thomas(d) Days between argument and opinion: 118 [...]
al-Marri Gets Some Change He Can Believe In
1 Comment Published by James March 1st, 2009 in Barack Obama, Elena Kagan, Eric Holder, Foreign Detainees, Foreign Policy, Supreme Court, Upcoming ArgumentsIt now appears as though the much-anticipated case al-Marri v. Spagone (08-368) won’t be heard by the Supreme Court. al-Marri has gotten a taste of some change he can believe in, courtesy of the Obama administration. The United States Circuit Court for the Fourth Circuit Court of Appeals had ruled en banc last June that [...]



