The Court issued six opinions on Monday, and DIG’d one case. I’ll break things up into bite size pieces, with this Update covering three of the decisions: American Needle Inc. v. National Football League (08-661), addressing the implications of antitrust law to the NFL; Lewis v. City of Chicago (08-974), addressing the period for filing an EEOC charge in a case alleging disparate
Read More American Needle Inc. v. National Football League (08-661), Lewis v. City of Chicago (08-974) and Jefferson v. Upton (09-8852)
Graham v. Florida (08-7412), United States v. Comstock (08-1224) and Abbott v. Abbott (08-645)
A home-buying adventure delayed my report on last week’s decisions, but there were some biggies: Graham v. Florida (08-7412), in which the Court held that the Constitution categorically forbids life sentences without the possibility of parole for minors who have committed non-homicide offenses; United States v. Comstock (08-1224), where the Court concluded that the federal government has authority under the Necessary and Proper
Read More Graham v. Florida (08-7412), United States v. Comstock (08-1224) and Abbott v. Abbott (08-645)
Hui v. Castenda (08-1529) and Renico v. Lett (09–338)
President Obama has just announced his pick to replace retiring Justice Stevens – Elena Kagan. As the current Solicitor General, Kagan is the top appellate lawyer for the government. If confirmed, Kagan will be the only sitting Justice who has not served as a judge on a lower court. She would be only the fourth female Justice appointed to the Court. Kagan was confirmed as
Read More Hui v. Castenda (08-1529) and Renico v. Lett (09–338)
Salazar v. Buono (08-472)
The Court released a major First Amendment decision on Wednesday in Salazar v. Buono (08-472). One Latin cross, approximately eight feet tall, on a rock in the middle of the Mojave Desert generated eight years of litigation, four congressional actions, and now, six opinions from the Court. In Salazar, the Court was asked to determine the fate of a cross initially erected in
Read More Salazar v. Buono (08-472)
United States v. Stevens (08-769), Perdue v. Kenny (08-970), Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (08-1200), Conkright v. Frommert (08-810) and Order List
The Court was busy last week, issuing four opinions, and an extensive order list including several cert grants, all while celebrating Justice Stevens’ 90th birthday. Stevens, as you’ve surely heard, has formally announced his retirement at the end of this Term. He will be missed.
The most newsworthy decision came in United States v. Stevens (08-769) (no relation!), where the Court struck down a statute
Read More United States v. Stevens (08-769), Perdue v. Kenny (08-970), Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (08-1200), Conkright v. Frommert (08-810) and Order List
Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co. (08-1008) and Padilla v. Kentucky (08-651)
The big news last weekend was Justice Stevens’ admission that he would definitely retire from the Court during President Obama’s first term in office. While he didn’t say when, he did tell the New York Times that “[t]he president and the Senate need plenty of time to fill a vacancy” – indicating that his announcement is likely to come sooner rather than later.