Comments on: The Most Important Cases of This Term? http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: David Stras http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11059 David Stras Tue, 03 Apr 2007 04:12:43 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11059 I would just like to thank everyone for their comments on this post. I now have a pretty nice (and somewhat long) list of important cases for this Term. I would just like to thank everyone for their comments on this post. I now have a pretty nice (and somewhat long) list of important cases for this Term.

]]> By: Jacques McKenzie http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11058 Jacques McKenzie Sat, 31 Mar 2007 04:18:42 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11058 Now, wait. I didn't mean vindicate. I meant <i>eradicate</i>. Now, wait. I didn’t mean vindicate. I meant eradicate.

]]> By: Jacques McKenzie http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11057 Jacques McKenzie Sat, 31 Mar 2007 04:15:51 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11057 <i>If SCOTUS decides that the Texas CCA must decide (again) whether the Vienna Convention violation caused Medellin any prejudice, it should take them very little time to answer that question "no" and finally schedule the very long overdue punishment for this truly horrific crime.</i> You know, Kent, it's about providing the right process, not about outcomes. As much as parochial Texas judges would love to put a Mexican to death, that value is counterbalanced, if not outweighed, by the President's determination pursuant to his own foreign affairs power and the treaty scheme Congress authorized. If the Supreme Court was right to take up <i>Roper v. Simmons</i>, then it certainly should intervene to vindicate the Texas CCA's willful misconstrual of Presidential powers and our treaty obligations in furtherance of good old Texan bloodlust. If SCOTUS decides that the Texas CCA must decide (again) whether the Vienna Convention violation caused Medellin any prejudice, it should take them very little time to answer that question “no” and finally schedule the very long overdue punishment for this truly horrific crime.

You know, Kent, it’s about providing the right process, not about outcomes. As much as parochial Texas judges would love to put a Mexican to death, that value is counterbalanced, if not outweighed, by the President’s determination pursuant to his own foreign affairs power and the treaty scheme Congress authorized. If the Supreme Court was right to take up Roper v. Simmons, then it certainly should intervene to vindicate the Texas CCA’s willful misconstrual of Presidential powers and our treaty obligations in furtherance of good old Texan bloodlust.

]]> By: Ted Metzler http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11056 Ted Metzler Fri, 30 Mar 2007 14:47:25 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11056 Clearly no issue this term can trump the importance of Limtiaco v. Camacho, regarding the interpretation of debt limits in the Guam Organic Act! Clearly no issue this term can trump the importance of Limtiaco v. Camacho, regarding the interpretation of debt limits in the Guam Organic Act!

]]> By: Scott Street http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11055 Scott Street Fri, 30 Mar 2007 01:18:02 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11055 Based on my own personal experience wrestling with this issue, I would cast an underdog vote for Carey v. Musladin. It has the potential to severely limit the availability of habeas corpus relief for state prisoners. Based on my own personal experience wrestling with this issue, I would cast an underdog vote for Carey v. Musladin. It has the potential to severely limit the availability of habeas corpus relief for state prisoners.

]]> By: Kent Scheidegger http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11054 Kent Scheidegger Thu, 29 Mar 2007 23:30:54 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11054 I'd love to see them resolve <i>Medellin</i> this term also, Jacques, but IMHO there isn't a snowball's chance in hell they will. If SCOTUS decides that the Texas CCA must decide (again) whether the Vienna Convention violation caused Medellin any prejudice, it should take them very little time to answer that question "no" and finally schedule the very long overdue punishment for this truly horrific crime. I’d love to see them resolve Medellin this term also, Jacques, but IMHO there isn’t a snowball’s chance in hell they will.

If SCOTUS decides that the Texas CCA must decide (again) whether the Vienna Convention violation caused Medellin any prejudice, it should take them very little time to answer that question “no” and finally schedule the very long overdue punishment for this truly horrific crime.

]]> By: Lauren Smith http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11053 Lauren Smith Thu, 29 Mar 2007 21:02:05 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11053 Hein v. Freedom From Hein v. Freedom From

]]> By: Elizabeth Nugent http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11052 Elizabeth Nugent Thu, 29 Mar 2007 20:00:49 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11052 <i>KSR</i> is in a specialized area, but it could have enormous economic implications for many, many industries. KSR is in a specialized area, but it could have enormous economic implications for many, many industries.

]]> By: JPS3L http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11051 JPS3L Thu, 29 Mar 2007 19:21:20 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11051 My view is that Wilkie v. Robbins, No. 06-219, has enormous potential. Were the Bivens remedy doctrine expanded beyond the contours articulated in Chilicky, it could have a serious impact on the detainee cases. A more expansive use of judicial remedies in cases where the legislative remedy is thought too weak for the constitutional trespass at steak could, in turn, be used to argue that the administrative hearings set forth in the MCA and DTA are insufficient. That said, I do not think the Court will expand Bivens because it would be such an egregious power grab of legislative prerogative. At least, I would be hugely disappointed if that were to happen. -James Sexton My view is that Wilkie v. Robbins, No. 06-219, has enormous potential. Were the Bivens remedy doctrine expanded beyond the contours articulated in Chilicky, it could have a serious impact on the detainee cases. A more expansive use of judicial remedies in cases where the legislative remedy is thought too weak for the constitutional trespass at steak could, in turn, be used to argue that the administrative hearings set forth in the MCA and DTA are insufficient. That said, I do not think the Court will expand Bivens because it would be such an egregious power grab of legislative prerogative. At least, I would be hugely disappointed if that were to happen.

-James Sexton

]]> By: Jacques McKenzie http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11050 Jacques McKenzie Thu, 29 Mar 2007 18:51:42 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11050 Hein. As for Medellin, the Court should take more cases and Medellin should be taken up this Term. Hein.

As for Medellin, the Court should take more cases and Medellin should be taken up this Term.

]]> By: Kent Scheidegger http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11049 Kent Scheidegger Thu, 29 Mar 2007 18:38:07 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11049 <i>Smith</i> v. <i>Texas</i> is a potential sleeper. The Court has an opportunity to clear up some issues on adequate and independent state grounds, an area it has muddied for a long time. See generally, 16B Wright, Miller, & Cooper, Federal Practice and Procedure secs. 4026-4028. <i>Medellin</i> is probably a next-term case. Smith v. Texas is a potential sleeper. The Court has an opportunity to clear up some issues on adequate and independent state grounds, an area it has muddied for a long time. See generally, 16B Wright, Miller, & Cooper, Federal Practice and Procedure secs. 4026-4028.

Medellin is probably a next-term case.

]]> By: Ross Runkel http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11048 Ross Runkel Thu, 29 Mar 2007 18:34:27 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11048 Cases dealing with the power of the USSCt to call the shots and get the lower courts and the Congress to comply with the Court's earlier decisions: the abortion cases, the Texas death penalty cases (Brewer, Abdul-Kabir, Smith v. Texas). The standing cases: Hein, Massachusetts v. EPA, Parents Involved. The sentencing cases. The antitrust cases. The Guantanamo cases, assuming cert is granted. Cases dealing with the power of the USSCt to call the shots and get the lower courts and the Congress to comply with the Court’s earlier decisions: the abortion cases, the Texas death penalty cases (Brewer, Abdul-Kabir, Smith v. Texas).

The standing cases: Hein, Massachusetts v. EPA, Parents Involved.

The sentencing cases.

The antitrust cases.

The Guantanamo cases, assuming cert is granted.

]]> By: Jacques McKenzie http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11047 Jacques McKenzie Thu, 29 Mar 2007 17:14:46 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11047 Medellin. Wilkie. Morse. Medellin.
Wilkie.
Morse.

]]> By: Roy Englert http://www.scotusblog.com/wp/the-most-important-cases-of-this-term/comment-page-1/#comment-11046 Roy Englert Thu, 29 Mar 2007 17:11:55 +0000 http://www.scotusblog.com/wp/uncategorized/the-most-important-cases-of-this-term/#comment-11046 From a business standpoint, the trilogy of Bell Atlantic v. Twombly, Credit Suisse v. Billing, and Tellabs v. Makor could make this a hugely important Term. The decisions in those cases will either put major brakes on antitrust and securities class actions, or give the class-action bar great forward momentum. The dollars-and-cents stakes are enormous. The big business case of the Term was supposed to be Philip Morris v. Williams. The Court decided that case more narrowly than it could have, with the result that the decision is not as huge as it could have been, though it is not as unimportant as some claim. From a business standpoint, the trilogy of Bell Atlantic v. Twombly, Credit Suisse v. Billing, and Tellabs v. Makor could make this a hugely important Term. The decisions in those cases will either put major brakes on antitrust and securities class actions, or give the class-action bar great forward momentum. The dollars-and-cents stakes are enormous.

The big business case of the Term was supposed to be Philip Morris v. Williams. The Court decided that case more narrowly than it could have, with the result that the decision is not as huge as it could have been, though it is not as unimportant as some claim.

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