U.S. Supreme Court

Taxpayers Can’t Challenge Religion Aid (Updated)

The U.S. Supreme Court in a 5-4 decision has ruled that taxpayers do not have standing to challenge a White House program that encouraged faith-based organizations to seek federal aid. Justice Samuel A. Alito Jr. wrote the majority opinion. The plaintiff, the Freedom from Religion Foundation Inc., relied on a…

Jun 25, 2007 5:15 PM CDT

Court Shields Government Employees

The U.S. Supreme Court has ruled that government employees carrying out their official duties without benefiting themselves are not personally liable for claims they violated racketeering laws or private property rights, SCOTUSblog reports. The ruling is Wilkie v. Robbins, No. 06–219 (PDF).

Jun 25, 2007 4:47 PM CDT

Concurrence Limits Reach of Speech Restriction

A concurring opinion in a Supreme Court decision issued yesterday appears designed to make sure liberals on the court are not able to cite the case to “expand the rationale for government restrictions on speech.” The court upheld an athletic association rule barring high school coaches from recruiting athletes. The…

Jun 22, 2007 8:33 PM CDT

A High-Impact Ruling for Athletic Rule

Yesterday’s Supreme Court ruling upholding a no-recruiting rule is likely to have an impact across the nation. The court upheld an athletic association rule barring high school coaches from recruiting athletes. The rule did not infringe the free speech rights of a coach who sent a letter to students, the…

Jun 22, 2007 3:45 PM CDT

Court, Business Back Securities-Suit Limits

A U.S. Supreme Court decision yesterday setting a high pleading standard for investor lawsuits comes as corporations are pressing for even more restrictions on securities litigation. The court ruled that plaintiffs suing for securities fraud must plead “cogent and compelling” facts showing the defendants had an intent to defraud. Tellabs…

Jun 22, 2007 1:05 PM CDT

Sentencing Guidelines ‘Here to Stay’

A decision by the U.S. Supreme Court yesterday reinforces the impact of sentencing guidelines, deemed to be advisory in an opinion two years ago. The court held that appeals courts reviewing sentences imposed within the guidelines range may presume the penalty is reasonable. Rita v. United States, No. 06–5754 (PDF).…

Jun 22, 2007 12:29 PM CDT

Bush Aides Plan to Close Gitmo Prison

Public, legislative and judicial pressure to end the extraordinary detention of so-called enemy combatants and others suspected of links to al-Qaeda terrorists at a U.S. Navy prison in Guantanamo Bay, Cuba, apparently may be having an effect on the White House. Top aides to President George W. Bush are making…

Jun 22, 2007 12:40 AM CDT

Business Consistently Winning Cases

Business and tort reform advocates have been consistently winning cases this past year before the U.S. Supreme Court. A dozen rulings this term limit damages or make it more difficult to sue corporations, David G. Savage writes in the Los Angeles Times. In recent decisions the court has: –Overturned an…

Jun 21, 2007 7:53 PM CDT

Court Raises Bar for Securities Suits

The U.S. Supreme Court has set a high pleading standard for private securities litigation. The court’s 8-1 opinion written by Justice Ruth Bader Ginsburg requires plaintiffs to show that the defendants had a “cogent” intent to commit securities fraud, the Wall Street Journal (sub. req.) reports. The Associated Press reports…

Jun 21, 2007 4:33 PM CDT

Court Upholds Recruiting Rule

The U.S. Supreme Court has ruled that a state athletic association did not violate a school’s First Amendment rights when it imposed a penalty for violating its no-recruiting rule. Brentwood Academy, a private school near Nashville, had sued the athletic association after it imposed a penalty for a coach’s letter…

Jun 21, 2007 4:29 PM CDT

Court Supports Guidelines Sentences

Appeals courts may presume that a sentence within federal guidelines is reasonable, the U.S. Supreme Court has ruled. Such a presumption does not violate the Sixth Amendment right to a jury trial, said the main opinion by Justice Stephen G. Breyer. However, Breyer said the presumption is not binding, SCOTUSblog…

Jun 21, 2007 4:18 PM CDT

Two Precedents Down, More to Come

The U.S. Supreme Court under the leadership of Chief Justice John G. Roberts Jr. overruled precedent for the second time last week. The decision, Bowles v. Russell, overruled a 45-year-old case that allowed litigants in “unique circumstances” to be excused from filing deadlines. The two newest justices, Roberts and Samuel…

Jun 21, 2007 12:33 PM CDT

A Pro-Business Court

A Supreme Court litigator says the U.S. Supreme Court under the leadership of John G. Roberts Jr. seems to be more pro-business than its predecessor. Supreme Court litigator Maureen Mahoney told reporters at a press briefing today that the Roberts court has more business cases on the docket, according to…

Jun 20, 2007 8:24 PM CDT

High Court Declines Tax Case

The U.S. Supreme Court yesterday refused to hear an appeal seeking to exempt an out-of-state business from income and franchises taxes in West Virginia. MBNA, the credit card unit of Bank of America, had no physical presence in the state. An appeals court ruled it was nonetheless subject to the…

Jun 19, 2007 5:28 PM CDT

SG View Fails in Antitrust Case

The position advanced by the U.S. Solicitor General failed when the U.S. Supreme Court issued a decision yesterday favoring Wall Street in an antitrust case. The court held that investment banks may not be sued under antitrust laws for conspiring to fix prices of initial public offerings. Such behavior is…

Jun 19, 2007 12:47 PM CDT