Today’s News – April 29, 2005
Tony Mauro of Legal Times has this article on the Court’s hottest ticket this Term. Newsday has this AP article on the aftermath of the Court’s decision in City of Sherrill v. Oneida Indian Nation.
Every post published in April 2005, most recent first.
Tony Mauro of Legal Times has this article on the Court’s hottest ticket this Term. Newsday has this AP article on the aftermath of the Court’s decision in City of Sherrill v. Oneida Indian Nation.
Order List only. The remaining scheduled dates for issuance of opinions are May 16th, 23d and 31st, and each of the four Mondays in June. (If needed, the Court might add further dates between June 21st and June 30th.) By my rough count, 35 argued cases remain pending without decision.
The Acting Solicitor General has filed the Government’s opening appellate brief in the U.S. Court of Appeals for the District of Columbia Circuit in Al Odah v. United States (Nos. 05-5064, 05-5095 through 05-5116), which is in essence the Rasul case on remand — a habeas challenge brought by numerous alien detainees at Guantanamo.
There may be a great deal of acrimony and debate on Capitol Hill about some of the President’s nominations–but the nomination of Acting SG Paul Clement to be Solicitor General isn’t one of them.
The lone case to be argued tomorrow is No. 04-368, Arthur Andersen LLP v. United States, in which the accounting firm will challenge its witness tampering conviction. You can read Scott Meisler’s excellent summary of the case, which was posted last week on SCOTUSBlog, here.
The Supreme Court on Wednesday created a wide opening for consumers of weed-killing and pest-killing products to sue manufacturers under state law for defectively designing their products, and failing to live up to their promises of what the products will do.
The Court issued opinions this morning in the following two cases, which Lyle describes in further detail below: No. 03-388, Bates v. Dow AgroSciences, vacated and remanded. The opinion was written by Justice Stevens. Justice Breyer filed a one-paragraph concurrence.
By common agreement among those contacted after listening to Wednesday’s oral argument in Arthur Andersen LLP v. U.S. (03-368), the now nearly defunct accounting firm is likely to emerge with a sweeping victory in the challenge to its “witness-tampering” conviction.
In the consolidated cases of American Trucking Associations, Inc., and USF Holland, Inc. v. Michigan Public Service Commission and Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission, trucking companies have challenged various provisions of the Michigan Motor Carrier Act (MCA) that require them to pay two types of annual fees for their vehicles.
The Supreme Court ruled 5-3 on Tuesday that conviction in a foreign court — in this case, in Japan — is not the kind of conviction which U.S. law treats as a basis for denying an individual a right to possess a gun.