Ok, three decisions to go, so let’s get to it.
First, in a big “non-decision,” the Court dismissed Nike, Inc. v. Kasky (02-575) as improvidently granted. In shorthand, the case was “digged.” This is the “oops” resolution — there is some jurisdictional problem with the case that should have been noticed earlier, but wasn’t. Now that they’ve noticed it, they can’t decide the case. It…
Read More Nike, Inc. v. Kasky (02-575), Georgia v. Ashcroft (02-182), Wiggins v. Smith (02-311) and order listFinally, I’m back! Thanks for your patience. We have a lot of ground to cover — 6 decisions and 2 order lists — so I’ll split it up into a couple emails to reduce your reading load. The opinions covered in this email all deal, in one way or another, with sex or sex abuse.
I’ll start with Lawrence v. Texas (02-102), a case…
Read More Lawrence v. Texas (02-102), Stogner v. California (01-1757), and United States v. American Library Assn (02-361)Getting back to Monday, below I summarize below two more opinions. . . .
I’ll begin with Green Tree Financial Corp. v. Bazzle (02-634), a case decided without a majority opinion. A simplified version of the facts: Respondents filed suit against Green Tree, a commercial lender, in South Carolina state court alleging that Green Tree violated South Carolina law when it loaned them money.
Read More Green Tree Financial Corp. v. Bazzle (02-634) and American Insurance Assn v. Garamendi (02-722)In case you haven’t heard, the Court handed down the University of Michigan affirmative action cases. They also issued opinions in United States v. American Library Association (constitutionality of mandated software filters on library internet machines), American Insurance Assn v. Garamendi (challenge to California’s Holocaust Victim Insurance Relief Act), and Green Tree Financial Corp. v. Bazzle (legality of class-wide arbitration when arbitration clause silent as…
Read More Grutter v. Bollinger (02-241) and Gratz v. Bollinger (02-516)The Court issued four opinions and an order list yesterday. That leaves ten opinions remaining for the Term. Currently, the Court only has one more day (next Monday) scheduled to hand down opinions, but I’d be surprised if they didn’t schedule another hand-down session. Ten opinions is quite a handful for one day. If they do schedule another session, it won’t be this week; it…
Read More Sell v. United States (02-5664), Virginia v. Hicks (02-371), Overton v. Bazzetta (02-94), FEC v. Beaumont (02-403) and order listWe’re in the last few weeks of the Term, and so, predictably, the Court issued a handful of decisions today. Five to be exact. Before I turn to those decisions, let me address a few orders.
First, late last week, the Court noted probable jurisdiction (read: granted) in the campaign finance law cases. Twelve (!) parties had filed jurisdictional statements, so after noting probable jurisdiction…
Read More Hillside Dairy Inc. v. Lyons (01-950), Nguyen v. United States (01-10873), Desert Palace, Inc. v. Costa (02-679), Fitzgerald v. Racing Assn of Central Iowa (02-695), Dow Chemical Company v. Stephenson (02-271) and order list