The Supreme Court handed down an opinion today in Altria Group v. Good (opinion here) which will likely open the door for state-level suits against false advertising by cigarette companies. Justice Stevens penned the majority opinion and was joined by Justices Kennedy, Souter, Ginsburg, and Breyer. Justice Thomas filed a dissenting opinion that was joined [...]

Once again, I’ve conjured up some charts marking how often each Justice spoke during oral arguments in the first half of the term. You can find a detailed look into my methodology here but to summarize, these numbers represent the number of times ‘JUSTICE ______’ is mentioned in the oral argument transcripts posted on the [...]

Over the course of the past week, both the blogosphere and mainstream media have been spending quite a bit of time over at the Supreme Court rumor mill. There has been a lot of buzz about two cases concerned with president-elect Obama’s citizenship, Donofrio v. Wells (08A407) and Wrotnowski v. Bysiewicz (08A469). The applications for [...]

The future is bleak for democrats and judicial liberals. The average age of the four conservatives is 60.75 years (Roberts(53), Scalia (72), Thomas(60), Alito(58)). The average age of the four liberals, however, is 75.7 years (Stevens(88), Souter(69), Ginsburg(75), Breyer(70)). Justice Stevens, an active octogenarian and avid tennis player who frequently reads briefs on the beach [...]

2008 Term Index

You can find the 2007 Term Case Index here. You can find the 2006 Term Case Index here. You can find statistics from the term here. Cases Completed: (83) Ricci v. DeStefano Docket Filing | Questions Presented Docket Number: 07-1428 On Appeal From: CA2 Date Argued: April 22, 2009 Date Decided: June 29, 2009 5-4; [...]

Awkward

Yesterday during Oral Arguments in Kansas v. Colorado, this jewel came up during oral arguments: [Justice Souter asks a question] MR. SUTHERS: Justice Ginsburg, 1920 — JUSTICE SOUTER: I’m greatly flattered. (Laughter.) MR. SUTHERS: Justice Souter, Justice Souter, sorry. Justice Souter. JUSTICE SOUTER: You’re not the first to have done that. (Laughter.) Justice Souter is [...]

In Fitzgerald v. Barnstable School Committee: CHIEF JUSTICE ROBERTS: We will hear argument next in Case 07-1125, Fitzgerald v. Barnstable School Committee. Mr. Rothfeld. MR. ROTHFELD: Thank you. If it please the Court: The court of appeals in this case — excuse me, Your Honor. JUSTICE GINSBURG: Could you raise the podium? MR. ROTHFELD: Actually, [...]

The Supreme Court today handed down its decision in Hedgpeth v. Pulido. The Court issued a Per Curiam opinion and Justice Stevens wrote a dissenting opinion that was joined by Justices Souter and Ginsburg.

Volokh (twice), DailyKos, and some others have been talking about the Emoluments Clause and how it disqualifies Hillary from accepting the position of Secretary of State. First, the clause: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States [...]

The Supreme Court this week handed down a decision in Winters v. National Resources Defense Council, a case revolving around the Navy’s use of sonar and its impact on the environment. The Court ruled 7-2 that the Navy was justified in the use of a particular form of sonar and that the impact on the [...]



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