U.S. Supreme Court

3rd Circuit Panel to Hear Complaint Against 9th Circuit Chief Judge

With noteworthy speed, the chair of the judicial council of the 3rd U.S. Circuit Court of Appeals has appointed a special committee to look into a judicial misconduct complaint against Chief Judge Alex Kozinski of the 9th U.S. Circuit Court of Appeals. A request to initiate proceedings was made by…

Jun 16, 2008 11:01 PM CDT

Scalia Dissent Decries Court’s ‘Blue Pencil’ in Immigration Case

The U.S. Supreme Court has ruled in a 5-4 decision that an alien who requested a voluntary departure may withdraw the motion. The decision (PDF posted by SCOTUSblog) prompted an accusation by dissenting Justice Antonin Scalia that the court had used a “blue pencil” to remedy a dilemma posed by…

Jun 16, 2008 3:26 PM CDT

Supreme Court Bankruptcy Ruling Denies Tax Exemption

The U.S. Supreme Court has denied a tax exemption for assets transferred from Piccadilly Cafeterias Inc. to another company before its bankruptcy reorganization received court approval. The 7-2 ruling for Florida favors state tax collectors, the Associated Press reports. Federal bankruptcy law bars stamp taxes on assets transferred to a…

Jun 16, 2008 2:52 PM CDT

Supreme Court Agrees to Decide Immunity of Former Attorney General

The U.S. Supreme Court has agreed to decide whether former Attorney General John Ashcroft and other past government officials have immunity from a lawsuit claiming religious discrimination against Sept. 11 detainees, SCOTUSblog reports. The suit by Pakistan citizen Javaid Iqbal claims he was discriminated against on the basis of religion…

Jun 16, 2008 2:39 PM CDT

Law Prof Says Scalia’s ‘Red Meat’ Dissent Makes Court Makeup an Issue

A Harvard Law School professor says the makeup of the U.S. Supreme Court has been thrust back into the spotlight, thanks to a recent dissent by Justice Antonin Scalia. Scalia’s dissent in Boumediene v. Bush warned of “devastating” and “disastrous consequences” that will result from the majority decision giving habeas…

Jun 16, 2008 12:58 PM CDT

O’Connor Op-Ed Warns of ‘Approaching Tsunami’ of Retirement Spending

Former U.S. Supreme Court Justice Sandra Day O’Connor is warning of an “approaching tsunami” of retirement and health spending that will burden the nation’s young people. In an opinion piece co-written with former ambassador to Mexico James R. Jones, O’Connor says unfunded liabilities for Social Security, Medicare and Medicaid threaten…

Jun 16, 2008 12:24 PM CDT

Scalia’s ‘Apocalyptic’ Dissent Warns of American Deaths

Two justices wrote separate dissents to yesterday’s decision giving Guantantamo detainees a right to habeas corpus, but Justice Antonin Scalia’s was “the more apocalyptic,” the New York Times reports. Scalia and Chief Justice John G. Roberts Jr. wrote dissents, but they also signed each other’s opinions. The two other dissenters,…

Jun 13, 2008 10:19 AM CDT

Supreme Court Rules Judges Don’t Have to Warn of Tougher Sentences

The U.S. Supreme Court has ruled that judges don’t have to warn defendants when they are considering a sentence tougher than recommended in the U.S. Sentencing Guidelines. The court ruled in the case of Richard Irizarry, sentenced to 60 months in prison for threatening to kill his ex-wife and her…

Jun 12, 2008 5:49 PM CDT

Supreme Court Overturns Ruling Favoring Marcos Victims

The U.S. Supreme Court has ordered dismissal of a case seeking to sort out whether victims of the regime of Ferdinand Marcos are entitled to $35 million in assets held in this country. In a 7-2 decision, the court ruled that a Philippine court should be allowed to decide ownership…

Jun 12, 2008 5:05 PM CDT

Supreme Court Rules Guantanamo Detainees Have Habeas Rights

Updated: The U.S. Supreme Court has delivered a stunning defeat to the Bush administration in a ruling that gives detainees at Guantanamo Bay a right to challenge their detention in federal courts. The court in a 5-4 decision said Congress may suspend habeas corpus only when the country faces rebellion…

Jun 12, 2008 2:49 PM CDT

Scalia Didn’t Gush in Meeting With Actress

Did Justice Antonin Scalia gush when he encountered Sex and the City star Sarah Jessica Parker on the street? Did he bum a cigarette from her? A witness quoted in New York magazine says he did, but a Supreme Court spokeswoman says those details are all wrong, Legal Times reports.…

Jun 10, 2008 12:54 PM CDT

O’Connor Legacy Undercut by New Court

Sandra Day O’Connor’s influence is already starting to wane in little more than the two years since she retired from the U.S. Supreme Court. The court has “undercut several of her most important rulings on issues such as abortion rights, campaign finance law and government policies intended to help racial…

Jun 10, 2008 12:04 PM CDT

Supreme Court Rejects Cases on Pay for Changing Clothes

The U.S. Supreme Court has turned down three cases that asked when employers have to pay workers for changing into and out of work gear. In one of the cases, Anderson v. Cagle’s Inc., workers at Tyson Foods sought to overturn a federal appeals ruling, Dow Jones reports. The decision…

Jun 9, 2008 4:50 PM CDT

Supreme Court Allows Whistle-Blower Claims Against Subcontractors

The U.S. Supreme Court has ruled that a federal whistle-blower law allows suits against government subcontractors if they lied in an attempt to get the government to pay false claims. The unanimous decision (PDF posted by SCOTUSblog) by Justice Samuel A. Alito Jr. took a middle ground, the Associated Press…

Jun 9, 2008 4:25 PM CDT

High Court Rules RICO Plaintiffs Need Not Rely on Misrepresentations

The U.S. Supreme Court has made it easier for some plaintiffs to prove their cases in civil suits brought under the Racketeer Influenced and Corrupt Organizations Act. The court ruled in a unanimous decision (PDF posted by SCOTUSblog) that plaintiffs in a RICO suit claiming mail fraud do not have…

Jun 9, 2008 3:56 PM CDT