Court turns down Rita rehearing
on Aug 20, 2007 at 10:17 am
The Supreme Court refused on Monday to reconsider its decision June 21 that upheld the 33-month prison sentence of Victor A. Rita, Jr. (Rita v. U.S., 06-5754). Rita’s counsel had asked for rehearing by seeking to rely upon President Bush’s clemency order in the CIA leak case, arguing that the President had taken one position on the nullification of the 30-month prison sentence of former vice presidential aide I. Lewis Lobby, and a contradictory position through the Justice Department argument that Rita’s sentence was valid. (For a prior post on Rita’s request for rehearing, click here.)
The rehearing petition also had urged the Court to reconsider its 2005 decision in U.S. v. Booker that salvaged the federal Sentencing Guidelines by making them advisory, not mandatory. Rita’s counsel, Assistant Public Defender Thomas N. Cochran of Greensboro, N.C., had asserted that the Booker decision permits some “jharsh” sentencing based upon facts not found by a jury, in violation of the Supreme Court’s earlier precedents.
This was the one significant order on the summer list released at 10 a.m. Monday — the second of three summer lists. The third and final of these orders will be released Aug. 31.
Monday’s Orders List can be found here.
In one of the other orders, the Court gave the U.S. Solicitor General permission to take part in the oral argument on Board of Education of New York City v. Tom F. (06-637). The case involves parents’ right to reimbursement for their disabled child’s schooling. To see the Solicitor General’s amicus brief in support of the respondent, click here. The case is scheduled for argument on Oct. 1, opening day of the new Term, at 11 a.m.
