Archive for March, 2009

The Supreme Court handed down four opinions today.

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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

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Vermont v. Brillon
Docket Filing | Questions Presented
Case Number: 08–88
On Appeal From: SC-VT
Date Argued: January 13, 2009
Date [...]

One 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 [...]

The 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 him [...]

The 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 the [...]

The Supreme Court handed down an opinion today in Wyeth v. Levine (here).

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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 and opinion: 121

The Court revisited the always familiar issue of pre-emption [...]

Justice 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 I

Park [...]

Politico 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.
What [...]

The 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 Amendment [...]

The Supreme Court handed down two opinions today.

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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

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Summers v. Earth Island Institute, et al.
Docket Filing | Questions Presented
Case Number: [...]

It 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 [...]




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