The Court has been busy since returning from its extended holiday recess, issuing four decisions yesterday, three decisions today, and two order lists. We start with yesterday’s decisions: CompuCredit Corp. v. Greenwood (10-948), where the Court enforced another arbitration agreement (shocking, we know); Minneci v. Pollard (10-1104), finding no Bivens action available against private prison employees; Smith v. Cain (10-8145), regarding a
Read More CompuCredit Corp. v. Greenwood (10-948), Minneci v. Pollard (10-1104), Smith v. Cain (10-8145), Gonzalez v. Thaler (10-895) and Order List
Judulang v. Holder (10–694) and Harding v. Cross (11-74)
We’re back to bring you the Court’s decisions in Judulang v. Holder (10–694), on the standard for determining whether an alien is eligible for discretionary relief from deportation, and Harding v. Cross (11-74), a per curiam decision discussing how much effort prosecutorial authorities must make to locate a witness before that witness can be deemed “unavailable” for purposes of the confrontation clause, as
Read More Judulang v. Holder (10–694) and Harding v. Cross (11-74)Order List 11/28/11
We hope you enjoyed a restful and bountiful Thanksgiving holiday. Since our last Update, the Court has granted cert in the following cases:
Southern Union Company v. United States (11-94), which asks whether the Fifth and Sixth Amendment principles that the Court established in Apprendi v. New Jersey (2000) and its progeny apply to the imposition of criminal fines.
Vasquez v. United States (11-199)
Read More Order List 11/28/11
Order List 11/14/11
Unless you were assiduously avoiding all forms of media yesterday, you likely heard that the Court has agreed to hear a series of cases challenging the health care law, a.k.a. the Affordable Care Act.
The Court structured the cert grants in its own fashion, picking and choosing how it wanted to hear the arguments – which will last a total of five and a half
Read More Order List 11/14/11
Greene v. Fisher (10-637), KPMG LLP v. Cocchi (10-1521), Warren v. Dixon (10-1540), Buck v. Thaler (11-6391) and Order List
The Court is in the thick of arguments and has been clearing out what it apparently believes are some of the “easy” cases. The Court issued two per curiam decisions Monday and released the first signed opinion of the Term on Tuesday!
The first signed opinion came in a habeas case, Greene v. Fisher (10-637). Greene was arrested, along with four co-conspirators, for a
Read More Greene v. Fisher (10-637), KPMG LLP v. Cocchi (10-1521), Warren v. Dixon (10-1540), Buck v. Thaler (11-6391) and Order List
Cavazos v. Smith (10-1115)
The Court issued its first decision this week, a per curiam opinion in the habeas case Cavazos v. Smith (10-1115). A sad case from any perspective, it features the collision of the Court’s strict standards for habeas review, the Court’s standards for granting certiorari, and the changing science around shaken baby syndrome (SBS). Smith was convicted in 1997 for the death of her 7-week-old
Read More Cavazos v. Smith (10-1115)