US SUPREME COURT BLOG

SUPREME COURT HOSTILE TO VIDEO GAME LAWSUIT

2010-11-03T19:44:00.000-07:00

Articles reporting on the oral argument in Schwarzenegger v. Entertainment Merchants Assn did not go well for the State of California. The case, in which California is seeking greater power to regulate violent video games, appeared to show that only Justice Roberts appeared supportive of the law

U.S. SUPREME COURT REFUSES TO LIFT STAY OF MISSOURI DEATH ROW INMATE

2010-10-21T05:51:00.000-07:00

The Untied States Supreme Court has refused to lift the stay in place regarding the execution of Roderick Nunley. Nunley, who was sentenced to death for the kidnapping, rape, and murder of a 15 year old girl in 1989. This case, which is now 21 years old, deals with the fact that the Defendant was sentenced to death by the Judge and not the Jury.

Given the body of case law regarding a Judge entering a death sentence, we expect the death sentence to be overturned.

SUPREME COURT TO DECIDE CASE AGAINST JOHN ASHCROFT

2010-10-19T16:31:00.000-07:00

The United States Supreme Court will decide whether a Muslim detainee may bring suit against former Attorney General Ashcroft for violations of civil rights. The suit alleges that the former Attorney General authorized a two week detention that was conducted without a warrant or without review by a Judge.

The case will be heard in the Summer of 2011.

WEEKEND OPEN THREAD

2010-09-03T05:51:00.001-07:00

With little news from the U.S. Supreme Court, we are posting an open thread so our readers may discuss what they see as today's important legal issues.

WEEKEND OPEN THREAD

2010-08-28T06:15:00.000-07:00

With little news from the U.S. Supreme Court, we are posting an open thread so our readers may discuss the legal issues of today.

WEEKEND OPEN THREAD

2010-08-21T07:05:00.000-07:00

With little news to report from the United States Supreme Court, we are posting an open thread so our readers may discuss today's legal issues.

PROPOSITION 8 UNLIKELY TO REACH SUPREME COURT

2010-08-12T16:01:00.000-07:00

The Federal District Judge that struck down California's proposition 8, which banned gay marriage, has refused to place a permanent stay on the decision pending appeal. California's state officials are supportive of the Judge's ruling and, as a result, apparently will not be pursuing the appeal. Given that the State of California is the only party with standing to bring the appeal, it is unlikely this matter would ever be appealed to the U.S. Supreme Court.

CHILD SOLDIER TRIAL TO BEGIN TODAY

2010-08-10T07:00:00.000-07:00

The Guantanamo Bay military commission hearing against the "child soldier" will begin today. The case involves a Canadian born man, who was only 15 at the time he was taken into custody as an "enemy combatant," who is currently 23 years old. The Defendant had previously asked the Supreme Court to stay the case.

KAGAN TO BE SWORN IN SATURDAY

2010-08-06T07:05:00.000-07:00

Elena Kagan will be sworn in as the 112th Justice of the United States Supreme Court this Saturday. Kagan, now the former Solicitor General of the United States, was confirmed to the Court by a vote of 63 to 37. We expect this event to make little to no impact as to the Court's jurisprudence as Kagan is replacing Justice Stevens, the most progressive of our Supreme Court Justices.

KAGAN TO BE CONFIRMED TODAY

2010-08-05T06:04:00.000-07:00

Solicitor General Kagan is expected to be confirmed to the Supreme Court today. Kagan will be the 112th Justice to serve on the United States Supreme Court and the 4th woman to do so. Kagan will be replacing Justice Stevens who retired at the end of the Court's last term. The new Justice can be expected to align with the progressive block of the Court.

SUPREME COURT ASKED TO STOP GUANTANAMO TRIAL

2010-08-03T02:51:00.000-07:00

The U.S. Suprme Court has been asked by military attorneys to stop the trial of the so-called "child soldier" who is being held at the Guantanamo Bay military base. The trial, which is being held before the highly controversial military commissions, involves a Canadian citizen who was taken into custody in Afghanistan. Given that the Supreme Court has been highly active, since 2001, in striking down such military commissions we expect the Court to hear the case.

KAGAN LIKELY TO BE CONFIRMED THIS WEEK

2010-08-01T09:54:00.001-07:00

Solicitor General Elena Kagan will likely be confirmed to the U.S. Supreme Court this week. While select Senators have publicly stated they will vote against Kagan, we expect her to be easily confirmed.

NELSON TO VOTE AGAINST KAGAN

2010-07-31T07:28:00.000-07:00

Nebraska Senator has stated that he will vote against Elena Kagan's confirmation to the U.S. Supreme Court. Nelson is the first Democrat to state that he will vote against Kagan. The highly conservative Nebraska Democrat claims that he will be voting against Kagan because of concerns raised by his constituents but will not support a fillibuster against Kagan.

As previously reported, we believe that Kagan will be easily confirmed.

ALEXANDER TO VOTE AGAINST KAGAN

2010-07-26T04:48:00.001-07:00

U.S. Senator Lamar Alexander has stated that he will vote against Elena Kagan's confirmation to the United States Supreme Court. Alexander's stated reason for this is his disagreement with Kagan over military recruiting on law school campuses; Kagan, like many other law school deans, did not allow military recruiters onto the Harvard law school campus due to the military's policy banning gays from military service.

As we have stressed on numerous occasions, we expect Kagan to be easily confirmed to the Court.

COLLINS TO SUPPORT KAGAN

2010-07-25T12:56:00.000-07:00

Senator Susan Collins (R-Maine) has stated that she will vote to confirm Solicitor General Elena Kagan to the United States Supreme Court. This follows the recent announcement of Senators Graham and Lugar, who have both indicated that they will vote to confirm Kagan.

As previously reported, we expect Kagan to be easily confirmed to the Court.

WEEKEND OPEN THREAD

2010-07-23T18:50:00.000-07:00

We regularly post open threads so that our readers may discuss the latest happenings at the U.S. Supreme Court.

SENATOR LUGAR TO BACK KAGAN

2010-07-22T05:10:00.000-07:00

Senator Lugar, a Republican from Indiana, has announced that he will back Elena Kagan's nomination to the US Supreme Court. This follows a similar announcement from Republican Senator Lindsey Graham of South Carolina. While some Republicans will vote against Kagan in an effort to score political points with constituents, we have repeatedly predicted that Kagan will be easily nominated.

OPEN THREAD

2010-07-21T08:54:00.000-07:00

With little news to report today in regards to the U.S. Supreme Court, we are posting an open thread so that our readers may discuss issues regarding the Court.

KAGAN CLEARS SENATE COMMITTEE

2010-07-20T15:58:00.000-07:00

The Senate Judiciary Committee has, by a vote of 13-6, cleared the nominate of Elana Kagan to serve as our next Supreme Court Justice. Kagan's confirmation will now proceed to a full Senate vote. We expect Kagan to be easily confirmed to the United States Supreme Court.

KAGAN MAY RECUSE HERSELF FROM CHALLENGES TO HEALTHCARE LAW

2010-07-19T18:22:00.000-07:00

Elena Kagan has testified that she would determine on a "case by case" basis whether to recuse herself, if appointed to the U.S. Supreme Court, from cases challenging the recent health care overhaul. Many states have indicated that they will file suit in an effort to prevent the law from taking effect. Given what Ciciliano & Associates sees as the frivolous nature of such suits, and the very slim chance that such suits would ever reach the U.S. Supreme Court, we see this as a non issue.

SENATOR McCAIN TO VOTE AGAINST KAGAN

2010-07-07T20:21:00.000-07:00

Senator John McCain (R-Az.) has announced that he will vote against Solicitor General Kagan in regards to her nomination to the Supreme Court. While other Senators have made similar comments, we expect Kagan to be confirmed easily when the time comes for her confirmation vote.

KAGAN HEARINGS TO BEGIN MONDAY

2010-06-23T05:55:00.001-07:00

The confirmation hearings for nominee Elena Kagan will begin this coming Monday. As previously reported, we believe that Kagan will be easily confirmed to the Court even though several conservative senators are likely to make attempts at political points by attacking Kagan.

AEDPA STATUTE OF LIMITATIONS MAY BE EQUITABLY TOLLED

2010-06-14T21:39:00.000-07:00

The U.S. Supreme Court has held that the one year statute of limitations to file for post conviction relief, under AEDPA, may be equitably tolled under certain circumstances. In Holland v. Florida, the Court held that the one year statute may be tolled if a petitioner "...shows (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way...of timely filing."

The matter has been remanded to the District Court to determine if the Defendant's petition, which was five weeks late, should be permitted.

U.S. SUPREME COURT STAYS ELECTION LAW

2010-06-09T05:29:00.000-07:00

The U.S. Supreme Court has temporarily stayed a portion of Arizona's "clean election act" which allowed for state matching funds to candidates. The funding law was stayed due to the fact that it is currently considering a case dealing with the program.

The Court's step will deal a substantial blow to candidates who are depending on the matching funds for the purpose of running their campaign.

SUPREME COURT DECLINES TO HEAR CHALLENGE TO "NO CHILD LEFT BEHIND"

2010-06-08T05:31:00.000-07:00

The U.S. Supreme Court has declined to hear a challenge to the No Child Left Behind Act. School districts in Michigan, Texas, and Vermont had challenged the law by claiming it puts an undue financial burden on states. The Sixth Circuit Court of Appeals had held that the suit could not proceed. This case was captioned City of Pontiac v. Duncan.