Senators’ briefs rejected
The D.C. Circuit Court, pondering the meaning of the court-stripping law passed late last year by Congress (the Detainee Treatment Act), has refused to accept three senators’ attempts to help shape the ruling.
March 2006 Archive
Every post published in March 2006, most recent first.
Showing 1 - 1076 Results
Direct appeal on NSA spying?
Lawsuits already are pending in federal trial courts to challenge the Bush Administration’s once-secret program of extending National Security Agency electronic eavesdropping to some calls involving Americans within the U.S. Now, a proposal has been made in Congress that seeks to assure a fast resolution by the Supreme Court of the legal and constitutional questions that have been raised about the program.
Blog Round-Up – Thursday, March 30th
Here is Sentencing Law & Policy on oral arguments in Sanchez-Llamas v. Oregon and Bustillo v. Johnson. The cases concern the enforceability of the Vienna Convention’s promise of consular access for foreign defendants. Here is Opinio Juris on the cases.
Moussaoui jury deliberates
The federal court jury in the death penalty proceeding against convicted terrorist conspirator Zacarias Moussaoui is in its second day of deliberations. The jury at this stage is considering only whether Moussaoui is eligible for a possible death sentence.
Appeal unlikely on gay marriage ruling
Massachusetts’ highest state court, in a ruling Thursday against marriage licenses for most out-of-state gay couples who seek to get married in the state, decided one federal constitutional issue.
Televising the Court?
The Senate Judiciary Committee on Thursday approved for Senate consideration a bill that would direct the Supreme Court to permit television coverage of its public sessions. The bill also seeks to dictate what the Court would have to do to keep the cameras out case by case.
Analysis: how to enforce an international right
The Supreme Court, confronting for a second time in a year the rights of foreign nationals caught up in U.S. criminal cases, went searching on Wednesday for ways to remedy violations of the right under the Vienna Convention to get the aid of a diplomat from a suspect’s home country.
Analysis: no penalty for patent “trolls”
When first-rate advocates face off in a Supreme Court argument, it often is difficult to say who had the better of the argument, or who came closest to winning a majority.
Hamdan transcript
The transcript of Tuesday’s hearing in Hamdan v. Rumsfeld (05-184) is now available, and can be found here. (Thanks to a reader who supplied the link.)
Hamdan and Recusal
A quick note: Hamdan’s counsel have been asked by various reporters regarding our position on the recusal of Justice Scalia from the case in light of the letter suggesting recusal that was filed today. As Lyle indicates below, we take no position on the issue.