The State of Louisiana filed for reharing in Louisiana v. Kennedy, the landmark death penalty case in which the Court held, 5-4, that capital crimes cannot Consitutionally include non-life ending crimes such as child rape. The state filed a petition for rehearing earlier this summer and since then the Federal Government has asked to join [...]

Barack Obama has chosen a running mate that shares his views on fiscal policy, healthcare, education, the war on terror, and…Clarence Thomas? It seems that the presumptive Democratic nominee, fresh off his remarks at Saddleback, has selected Senator Joe Biden (D-DE) as his VP. Biden is widely-respected as the Chair of the Senate Committee on [...]

Justice Kennedy’s majority in Kennedy v. Louisiana is an interesting, albeit frustrating one. He sets out to splatter every argument he can against the wall in the hopes that at least a few will stick. Whether or not he succeeds is up to the reader and more importantly, future generations of Supreme Court Justices who [...]

The Supreme Court today handed down a series opinions on the penultimate day of the term. Major thanks should go to SCOTUSblog for getting these opinions online minutes after the Court announces them. I’ll eventually change the links to redirect to the Supreme Court’s website, but thanks go to SCOTUSblog for letting us read the [...]

The Supreme Court’s landmark public use decision Kelo v. City of New London was handed down three years ago today. On June 23, 2005, Justices Stevens handed down an opinion that held that “there is no basis for exempting economic development from our traditionally broad understanding of public purpose.” Justices Kennedy, Souter, Breyer, and Ginsburg [...]

US v. Williams (opinion) stole the spotlight amongst last week’s decided cases and for good reason. The court narrowed scope of the PROTECT Act and upheld its basic tenants against first amendment claims. Another case, US v. Ressam, struck me as being particularly interesting. The facts of Ressam (opinion) aren’t terribly complex. Ahmed Ressam tried [...]

The Supreme Court released three opinions yesterday, two of which sided with workers in discrimination cases. The first was Gomez-Perez v. Potter (opinion) in which the court held that Section 29 U.S.C. 633a(a) protects a worker’s right to be safe from retaliation after filing an age discrimination claim. The Court held similarly in CBOCS West [...]

The Supreme Court handed down one of the most high-profile decisions of its term, the lethal injection case Baze v. Rees. The Court upheld Kentucky’s use of the execution method, holding that “that petitioners have not shown that the risk of an inadequate dose of the first drug is substantial.” Chief Justice Roberts wrote the [...]

Medellin (docket, questions presented, oral arguments, petitioner’s brief) is without a doubt one of the most anticipated opinions of the year. Medellin was argued on October 10, 2007, making it one of the oldest cases still being decided. As of today, it has been nearly 160 days since Medellin‘s oral arguments and last year, the [...]

The Court today handed down an opinion in Washington State Grange. Justice Thomas penned a majority opinion that upheld the right of a candidate to ‘declare’ a ‘party preference’ against that parties opposition. Justice Scalia wrote a dissent and was joined by Justice Kennedy.



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