Just when you think the Court must spend all its time on big, sexy issues like affirmative action, they come down with an ERISA preemption case. Speaking of the affirmative action cases, I hope you had a chance to catch at least part of the arguments yesterday. (I tried, but had a fight with my computer so will try again tonight.) I’m told — by
Read More Kentucky Assn of Health Plans v. Miller (00-1471)
Archer v. Warner (01-1418), Branch v. Smith (01-1437)
In an unusual move, the Court issued two opinions today along with its usual Monday order list. In general, the Court releases opinions on Tuesdays or Wednesdays, but perhaps to avoid distractions before tomorrow’s affirmative action arguments, released opinions today.
Before I get to the opinions, there’s not much to report from the order list. The Court denied cert in a slew of cases, including
Read More Archer v. Warner (01-1418), Branch v. Smith (01-1437)Brown v. Legal Foundation of Washington (01-1325)
If the government “takes” property from an individual, but the taking results in no net loss to the individual, does the government action violate the Takings Clause? Today, in Brown v. Legal Foundation of Washington (01-1325), the Court (Stevens for himself, Breyer, Ginsburg, Souter, and O’Connor) said no. The State of Washington, like every other state (and the District of Columbia), partially funds legal
Read More Brown v. Legal Foundation of Washington (01-1325)City of Cuyahoga Falls v. Buckeye Community Hope Foundation (01-1269), Woodford v. Garceau (01-1862)
Two new opinions today, thus reshuffling the rankings I reported yesterday: After today, O’Connor joins Ginsburg and Souter with 4 majority opinions (go SO’C!), and Thomas leaves Kennedy and Scalia in a tie for last place with only two majorities out so far. Why, might you ask, do I report such things? Well, because by counting majority opinions, and by studying the already-released opinions from
Read More City of Cuyahoga Falls v. Buckeye Community Hope Foundation (01-1269), Woodford v. Garceau (01-1862)Kenyeres v. Ashcroft (02A777) and order list
The Court reconvened today for its March argument session — the big one of this Term. They hear the Texas sodomy case on Wednesday and the University of Michigan affirmative action cases next Tuesday. Nevertheless, since today’s news isn’t the most exciting in the world (see below), I thought I would start out with some statistics:
The Court has heard 54 of the 78 cases
Read More Kenyeres v. Ashcroft (02A777) and order listCook County, Illinois v. United States (01-1572), Norfolk & Western Railway Co. v. Ayers (01-963) and order list
The Court issued 2 opinions and an order list today. Before I discuss the day’s events, though, one point of follow-up on yesterday’s update. Apparently, my reference to the soon-to-be-famous footnote 4 in the Moseley (Victoria’s Secret) case suggested to some of you that the footnote in question would appeal to your prurient interests. And apparently some of you found it sorely lacking in that
Read More Cook County, Illinois v. United States (01-1572), Norfolk & Western Railway Co. v. Ayers (01-963) and order list