Every post published in October 2011, most recent first.
UPDATE: In the wake of the Court’s orders denying certiorari, Greg Stohr of Bloomberg has articles on three cases: Stewart & Jasper Orchards v. Salazar (the Endangered Species Act), Barr Laboratories v. Cancer Research Technology (patent coverage of generic drugs), and Stryker v. Bausch (patient lawsuits against medical-device makers).
For almost five full years, the Supreme Court has been troubled by a Ninth Circuit Court ruling choosing up sides between medical analysts over how a seven-week-old boy died in Van Nuys, Calif., 15 years ago.
Analysis In recent years, five of the Supreme Court Justices have been highly critical of how the Court decides the constitutionality of public displays of religious symbols or messages.
Transcripts from today’s arguments in Lafler v. Cooper and Missouri v. Frye can be found here and here.
On Monday, the Court summarily reversed the decision of the Ninth Circuit in Cavazos v. Smith. The Court also issued orders from its October 28 Conference. There are no new grants and no new CVSGs. The November sitting also begins on Monday.
At 10 a.m. next Wednesday, the Supreme Court will hear one hour of oral argument on a case seeking clarification of when trial courts must exclude the testimony of an eyewitness to a crime because the testimony was unreliable.
On October 28, the Court will consider such issues as the constitutionality of highway crosses, Miranda‘s “in custody” requirement, and the availability of disparate impact claims under the Fair Housing Act.
Promoting his new memoir, retired Justice John Paul Stevens continues to make news. In this morning’s USA Today, Joan Biskupic reports on her recent interview with the Justice, who rejected calls for changes in the Court’s practices on potential conflict of interests but did indicate that Justice Clarence Thomas and his wife “never should have failed to report her income” on financial disclosure forms.
Today in the Community we discuss Supreme Court clinics. In 2004, Stanford Law School created the first Supreme Court litigation clinic, allowing students to work with experienced Supreme Court practitioners on actual cases before the Court.
The Court will kick off the November sitting with two cases addressing the ineffective assistance of counsel during the plea bargaining process.