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

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

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.

PROPOSITION 8 UNLIKELY TO REACH SUPREME COURT

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

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 CONFIRMED TODAY

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

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.

NELSON TO VOTE AGAINST KAGAN

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.

SENATOR LUGAR TO BACK KAGAN

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.

SENATOR McCAIN TO VOTE AGAINST KAGAN

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

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.

U.S. SUPREME COURT STAYS ELECTION LAW

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"

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.

SUPREME COURT TO HEAR CASE REGARDING MEDICAL STUDENT TAXATION

The Supreme Court has elected to hear the case of Mayo Foundation v. U.S. The issue in this case is whether medical students, who receive stipends during their medical training, should be taxed on the stipends. This is a long running battle, regarding interpretation of the tax code, that will now be resolved by the U.S. Supreme Court.

US SUPREME COURT DENIES BLAGOJJEVICH REQUEST FOR TRIAL DELAY

Justice Stevens has denied the former Illinois Governor's request that his pending federal corruption trial be delayed. Blago's lawyers had asked for a delay on the basis that decisions, in unrelated cases, are pending that may impact the constitutionality of the charges that Blago is facing.

This denial was made without comment after it had already been denied by both the District Court and Circuit Court of Appeals.

KAGAN MEETING WITH LAW MAKERS

Nominee Elena Kagan is reportedly meeting with members of the Senate in regards to her upcoming nomination hearings. While we expect that Kagan will be easily confirmed, we also expect various politicians to attempt a scoring of political points by attacking Kagan on various issues.

KAGAN TO BE NOMINATED FOR THE SUPREME COURT

It is being reported that President Obama will nominate Solicitor General Elena Kagan to be the next Justice on the United States Supreme Court. A nomination is is necessary due to the pending retirement of John Paul Stevens.

Given the ease with which Justices are confirmed, it is highly likely that we will now have three female Justices on the Court for the first time.

DIANE WOOD INTERVIEWS WITH OBAMA

It is being reported that Diane Wood has recently met with President Obama to interview for the Supreme Court vacancy. A seat on the Court is coming open due to the upcoming retirement of Justice Stevens.

This firm expects Wood to be the nominee given her past relationship with President Obama in Chicago.

POTENTIAL NOMINEE: JENNIFER GRANHOLM

Michigan Governor Jennifer Granholm is on the reported short list of people being considered to replace the retiring Justice Stevens.

Granholm, a former beauty queen, is a naturalized United States citizen. She graduated from Harvard Law School and later became Attorney General of Michigan. Granholm, the first female Governor of Michigan, has worked towards diversifying Michigan's economy due to the decline in Michigan manufacturing.

Granholm has no judicial experience. This is not uncommon as former Chief Justice Earl Warren never served as a Judge before his appointment to the Supreme Court.

POTENTIAL NOMINEE: ELENA KAGAN

Elena Kagan is one of the people reportedly being considered for the United States Supreme Court. The pending opening on the high court is due to the upcoming retirement of Justice Stevens.

Kagan is the current Solicitor General of the United States and is the first woman to hold the post. She is a graduate of Harvard and clerked for Supreme Court Justice Thurgood Marshall. Kagan served as an Associate White House Counsel under President Clinton and is the first female Dean in the history of Harvard Law.

Kagan has never served as Judge and, accordingly, it is difficult to determine what her judicial philosophy would be. Given that she, like many law professors, has supported the banning of military recruiters from law school campuses (due to the military ban preventing homosexuals from serving in the armed forces), it is likely she would be a progressive minded Judge.

POTENTIAL NOMINEE: DIANE WOOD

Judge Diane Wood is one of the names being mentioned as President Obama's likely Supreme Court nominee. A nomination has become necessary due to the pending retirement of Justice Stevens. Wood was previously suggested as a possible replacement to Justice Souter. Souter, instead, was replaced with Justice Sotomayer.

Wood graduated from the University of Texas School of Law in 1975. She clerked for former Supreme Court Justice Harry Blackmun. She has taught at both Georgetown and the University of Chicago Law School. She also worked in government positions is both Democratic and and Republican administrations.

Appointed to the Seventh Circuit Court of Appeals in 1995, Wood was unanimously confirmed by the United States Senate. As an appellate Judge, her voting record has supported decisions which restricted abortion protesters. She has also upheld a broad reading of the power bestowed upon Congress by the commerce clause of the United States Constitution.