Every post published in March 2007, most recent first.
UPDATE 8:30 p.m. Because the Court closed for the day some hours ago, it became apparent that there were no immediate orders out of the Friday Conference. All results will emerge at 10 a.m. Monday. The Court is holding a private Conference today to discuss new and pending cases.
In Brief, the online magazine of the Virginia Law Review, has this essay by Judge William Fletcher of the Ninth Circuit analyzing the Supreme Court’s 2004 decision in Sosa v. Alvarez-Machain, as well as responses to Judge Fletcher’s essay from Professors Ernest Young, John Harrison, and Anthony Bellia.
In today’s New York Times, Linda Greenhouse reports here on the Supreme Court’s consideration of appeals from Guantánamo detainees at today’s Conference.
No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today.
In connection with a possible news appearance, I have been asked to identify the most important cases for this Term. The obvious candidates, of course, are the school diversity and partial birth abortion cases.
UPDATE 8 p.m. The government’s brief in opposition has now been filed. It can be found here. It urges the Court to deny the Hamdan/Khadr petition or, as an alternative, to hold it until the other detainee appeals have been resolved.
In today’s Washington Post, Robert Barnes and Carrie Johnson report here on Tellabs Inc. v. Makor Issues & Rights; Bloomberg News has this story. Barnes also has this article on the verbal sparring between Arthur Miller and Justice Scalia during yesterday’s oral arguments; AP writer Mark Sherman has this report.
The following argument preview was written by Anitha Reddy of the Stanford Supreme Court Litigation Clinic. Tomorrow in Tellabs, Inc. v. Makor Issues & Rights, Ltd. (No. 06-484), the Court will consider how strictly courts should interpret the heightened pleading requirements of the Private Securities Litigation Reform Act (PSLRA) when ruling on a motion to dismiss a securities fraud complaint.
Beginning at 10 AM eastern, the Court will hear one hour of oral argument in Tellabs v. Makor Issues and Rights (preview here). A transcript should be available sometime this afternoon. No opinions on the merits are expected to be released.
The transcript in Telllabs v. Makor is now available here.