May 31st Opinions
The Court issued opinions today in the following three argued cases (details from Lyle below):
No. 03-9877, Cutter v. Wilkinson, unanimously reversed. Justice Ginsburg wrote the opinion, with a concurrence by Justice Thomas.
No. 03-1488, Tory v. Cochran, reversed 7-2. Justice Breyer wrote the seven-page opinion. Justice Thomas, joined by Justice Scalia, wrote to say that he would have dismissed the petition as improvidently granted because of Cochran’s death.
No. 04-368, Arthur Andersen LLP v. United States, unanimously reversed in an opinion written by the Chief Justice.
I will modify my previous comment to say that Kansas v. Marsh should be overwhelming on the merits if the Court reaches the merits. The procedural points could affect the vote pattern.
Comment by Kent Scheidegger — May 31, 2005 @ 10:24 am
How does Justice Stevens reconcile his concurrence in Boerne (RFRA violates the establishment clause) with the outcome in Cutter (RLUIPA does not violate the establishment clause)? One would think that if RFRA is a “law respecting an establishment of religion” than its evil step-child RLUIPA is too. They seem the same to me no matter what establishment clause “test” you use.
Comment by JDG — May 31, 2005 @ 10:52 am
Arthur Anderson Conviction Overturned
In a unanimous decision, the Supreme Court today reversed the conviction of accounting giant Arthur Anderson on obstruction of justice charges related to Enron. The reason was flawed jury instructions. The ruling is a setback for the Bush administratio…
Comment by TalkLeft: The Politics of Crime — May 31, 2005 @ 11:29 am
Cutter, Accommodation, and Separation of Powers
The Cutter opinion that came down today, particularly it being unanimous, is important for a couple reasons. It clarifies the area between what is protected by the Free Exercise Clause, and what is barred by the Establishment Clause. And secondly, it…
Comment by Ex Post — May 31, 2005 @ 1:53 pm