The Week Ahead

The Court is in recess for the summer. The opening conference for next term will take place September 29. Oral arguments will resume October 6.

On Monday, the Court will release its first group of summer orders. While such orders are usually routine, involving such issues as participation in oral argument or assignment of counsel, the Court has before it three matters of wider interest which may or may not be addressed. 

One is the dispute over whether the respondents are entitled to some $488 million in interest on top of the $507.5 million punitive damage award resulting from the decision in Exxon v. Baker (07-219).  The second is the respondent’s petition for rehearing in Kennedy v. Louisiana (07-343) based on the recent revelation of a federal law allowing capital punishment for child rape in the military context.  In that case, the Solicitor General has said the federal government is considering whether to file its views. The third is the petition for rehearing in Munaf v. Geren (06-1666) and Geren v. Omar (07-394) based on the contention of two U.S. citizens being held in Iraq by coalition forces that the Iraqi government does not wish to commence prosecution against them.

By Friday, both sides are to file responsive briefs in U.S. District Court on the procedural framework for Guantanamo Bay detainees’ habeas cases.

Petitioners’ merits briefs are due Wednesday in Chambers v. United States (06-11206) and Thursday in Peake v. Sanders (07-1209) and Bell v. Kelly (07-1223). Respodents’ merits briefs are due Friday in FCC v. Fox Television Stations (07-582), and Vaden v. Discover Bank (07-773).