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Cert.-stage Amicus Briefs: Who Files Them and To What Effect?
Even before the Justices have decided whether to hear a case, the U.S. Chamber of Commerce is willing to step in and state its interest—more willing, in fact, than any other organization. A review of certiorari-stage amicus curiae briefs (i.e.,...
Posted in SCOTUSblog on September 27, 2007 12:31 PM
Cert. Petition Preview: Catholic Charities v. Dinallo
Our latest effort to feature interesting cert. petitions pending at the Supreme Court is Catholic Charities of the Diocese of Albany, et al. v. Dinallo (No. 06-1550), which the Court will consider at its September 24 conference. At issue in...
Posted in SCOTUSblog on September 21, 2007 01:08 PM
Hamdan seeks to appeal directly
Attorneys for Salim Ahmed Hamdan plan to ask the Supreme Court to hear his challenge to trial before a U.S. military commission, rather than pursue the case first through the D.C. Circuit Court. Hamdan won an earlier appeal to the...
Posted in SCOTUSblog on February 7, 2007 06:02 PM
Comments on Hamdan v. Rumsfeld
Richard Samp of the Washington Legal Foundation has these comments on today's decision: I’d be surprised if any of the holdings in today’s Hamdan decision end up having large practical significance. The one exception is the Court’s rather cavalier treatment...
Posted in SCOTUSblog on June 29, 2006 05:24 PM
Hamdan Summary -- And HUGE News
As I predicted below, the Court held that Congress had, by statute, required that the commissions comply with the laws of war -- and held further that these commissions do not (for various reasons). I have not yet read the...
Posted in SCOTUSblog on June 29, 2006 10:37 AM
Blog Round-Up - Thursday, May 18th
A new blog, called Rapanos Blog, has been set-up to discuss Rapanos v. United States. The Volokh Conspiracy comments here. Concurring Opinions has this post titled, "The Price of Discrimination: After Fair v. Rumsfeld." Concurring Opinions also has this post...
Posted in SCOTUSblog on May 18, 2006 08:51 AM
Scalia asked to step aside
Five retired generals and admirals, taking part as friends-of-the-court in the war-on-terrorism case of Salim Ahmed Hamdan, on Monday asked Justice Antonin Scalia to step aside when the Supreme Court considers Hamdan's challenge to the war-crimes tribunals named "military commissions."...
Posted in SCOTUSblog on March 27, 2006 06:56 PM
Balkin, Rumsfeld v. FAIR, and Schools' Right to Protest the Military (Commentary)
Jack Balkin has written what is (in my admittedly biased opinion) the most interesting and informative post yet published in the blogosphere on the Rumsfeld v. FAIR case, explaining, among other things, why some professors such as Jack, who shared...
Posted in SCOTUSblog on March 15, 2006 09:55 AM
Blog Round-Up
On FAIR v. Rumsfeld: This week the Legal Affairs Debate Club asks, "Is FAIR v. Rumsfeld Bad for Free Speech?" Debating are Mark Moller, the editor-in-chief of the Cato Supreme Court Review and a co-author of Cato's amicus brief in...
Posted in SCOTUSblog on March 8, 2006 09:24 PM
Blog Round-Up - Monday, March 6th
On FAIR v. Rumsfeld: Here is Dale Carpenter and here is Orin Kerr on the Volokh Conspiracy. ACSBlog has a series of posts on the the case. Here is the first. Here they round-up some reactions to the decision. Here...
Posted in SCOTUSblog on March 7, 2006 08:11 AM
Interesting Reactions to the Rumsfeld v. FAIR Decision
Well worth reading are reactions to the Solomon Amendment decision from Dale Carpenter (who looks more carefully than I did at some of the doctrinal intracacies, including the implications for the "expressive association" right recognized in Dale) and from David...
Posted in SCOTUSblog on March 7, 2006 12:38 AM
Early Thoughts on Rumsfeld v. FAIR (Commentary)
Very preliminary reactions: Notably, in today's unanimous decision the Court does not rely on the Spending Clause, but instead holds that the government could directly impose on schools the requirement of military access. Indeed, the Court first rejects the amici's...
Posted in SCOTUSblog on March 6, 2006 10:52 AM
Court upholds "Solomon Amendment"
In a sweeping legal victory for the U.S. military, the Supreme Court ruled unanimously on Monday that Pengtaon recruiters must be assured an equal opportunity with other employers to sign up students at the nation's law schools. Upholding the so-called...
Posted in SCOTUSblog on March 6, 2006 10:02 AM
Today's Opinions and Orders List
Here is today's Orders List. The Court issued an opinion today in the following argued case: No. 04-1152, Rumsfeld v. FAIR, reversed 8-0, in an opinion written by the Chief Justice....
Posted in SCOTUSblog on March 6, 2006 10:01 AM
More Liveblogging
4:57 Graham gets tricky -- he asks Alito if he asked a colleague to write him a recommendation. Alito says he didn't. Graham then reads the letter, which begins "Judge Alito did not ask me to write this letter..." 4:55...
Posted in SCOTUSblog on January 11, 2006 04:06 PM
Two inquiries into presidential power
The Republican-controlled Congress has had little appetite for a searching inquiry into the wide-ranging claims of presidential authority that have regularly come out of President Bush's White House, including the office of Vice President Cheney. But there will be two...
Posted in SCOTUSblog on January 8, 2006 09:35 PM
Analysis: Collision course on "inherent power"?
In a remarkable public discussion over the past three days of one of the most closedly guarded, secret government programs, President Bush and his top aides have provided basically two legal arguments to justify his orders of electronic eavesdropping on...
Posted in SCOTUSblog on December 19, 2005 07:52 PM
An audio recording of the oral argument from Fair v. Rumsfeld
can be found here, thanks to Oyez....
Posted in SCOTUSblog on December 7, 2005 03:42 PM
Rumsfeld v. FAIR Oral Argument
Now on CSPAN radio and web (perhaps tv, too). They're actually starting with Justice Thomas's delivery of the opinion in Wagnon. Then, it'll be on to motions for admission, and then the SG's argument in FAIR....
Posted in SCOTUSblog on December 6, 2005 11:18 AM
Blog Round-Up - Monday, December 5th
Here, on a C-SPAN companion site, is an interview with Justice Breyer about the court and his new book. The Federal Public Defender has filed a cert petition in a case challenging the constitution of the DNA Backlog Elimination Act....
Posted in SCOTUSblog on December 5, 2005 08:32 PM
Tomorrow's Argument: Rumsfeld et al. v. Forum for Academic and Institutional Rights, Inc., et al.
Few cases jumble together so many sensitive and controversial issues as Rumsfeld v. FAIR. The case touches on such topics as discrimination against homosexuals, military preparedness in the wake of September 11, the place of gays in the military, and...
Posted in SCOTUSblog on December 5, 2005 02:11 PM
Blog Round-Up - Thursday, December 1st
In nomination news: Here is the 64 page questionnaire Judge Alito submitted to the Senate Judiciary Committee. Sentencing Law & Policy responds to the sentencing issues in the questionnaire here. On FindLaw, Rick Hasen has this post titled, "One Person,...
Posted in SCOTUSblog on December 1, 2005 08:38 AM
FAIR v. Rumsfeld Blog Debate
On December 6, 2005 the Supreme Court will hear the oral argument in FAIR v. Rumsfeld, a case arising from a challenge to the constitutionality of the Solomon Amendment, a federal law denying federal funds to institutions of higher learning,...
Posted in SCOTUSblog on November 29, 2005 02:38 PM
ACS Event on FAIR v. Rumsfeld
The American Constitution Society and the George Washington University Law School Student ACS Chapter invites you to: "FAIR v. Rumsfeld: The Advocates Speak" featuring: Beth Brinkmann, Partner, Morrison & Foerster LLP; Kenneth Choe, Senior Staff Attorney, ACLU LGBT Rights and...
Posted in SCOTUSblog on November 22, 2005 03:22 PM
Broadcast of arguments
The Supreme Court will release, for immediate broadcast, the audiotape recordings of two oral arguments in major cases in its next sitting. The Court announced on Friday that audiotapes will be available promptly in the cases of Ayotte v. Planned...
Posted in SCOTUSblog on November 18, 2005 10:28 PM
Blog Round-Up - Friday, November 11th
As How Appealing points out, this was a banner week for bloggers - three of them argued before the Supreme Court - two on Tuesday alone. In non-nomination news: Crime & Federalism has this post on why the Supreme Court...
Posted in SCOTUSblog on November 11, 2005 08:12 AM
SG Reply Briefs in Three High-Profile Cases
The Solicitor General has filed the Government's reply briefs in: No. 04-1084, Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal (to be argued this Tuesday); No. 04-1152, Rumsfeld v. FAIR; and No. 04-1203, United States v. Georgia Most of...
Posted in SCOTUSblog on October 30, 2005 03:30 PM
Briefs in Five High-Profile Cases This Term
Of the cases the Court has granted prior to today's announcement, there are at least five that have generated (or that ought to generate) sustained interest and attention. Three of those five cases raise constitutional questions; the other two raise...
Posted in SCOTUSblog on September 27, 2005 06:18 AM
SG Brief Defending Solomon Amendment
Solicitor General Clement has filed the Government's opening brief in No. 04-1152, Rumsfeld v. FAIR, the case challenging the constitutionality of the Solomon Amendment....
Posted in SCOTUSblog on July 21, 2005 03:01 PM
Argument calendars for new Term
The Supreme Court on Wednesday released the schedule of cases to be argued in October, November and December. In one of the more interesting arrangements, the Court scheduled two abortion cases on the same day -- November 30. The cases...
Posted in SCOTUSblog on July 20, 2005 11:09 AM
Blog Round-up - Friday, July 15th
Sentencing Law & Policy has this weekly round-up of happenings at the Court as they relate to sentencing and criminal law. Senator Schumer has released this letter signed by more than one hundred legal scholars designed to advise Senators on...
Posted in SCOTUSblog on July 15, 2005 09:56 AM
Upcoming Issues at the Court
It’s reasonable to expect that confirmation hearings will focus on questions before the Court next Term. Here are the leading cases for OT2005: No. 04-623, Oregon v. Ashcroft – assisted suicide No. 04-1084, Gonzales v. O Centro Espirita Beneficiente Uniao...
Posted in SCOTUSblog on July 1, 2005 11:07 AM