Rare Unanimity in Traffic Stop Case

The U.S. Supreme Court’s unanimous decision yesterday allowing a passenger to challenge a traffic stop was unusual. It represented “an atypical moment of unanimity for the court in a case concerning the rights of criminal defendants,” according to Linda Greenhouse of the New York Times. In 20 decisions concerning criminal…

Jun 19, 2007 12:23 PM CDT

Bonuses Pay Off for Legal System

Law firms will soon be paying signing bonuses of up to $250,000 to entice former Supreme Court clerks to join their practices. The bonus is in addition to initial salaries that are close to $200,000 a year. Some critics say these young lawyers should not be making twice as much…

Jun 18, 2007 6:37 PM CDT

Court Finds No Jurisdiction in Energy Appeal

The U.S. Supreme Court has ruled that a federal appeals court did not have jurisdiction to review a federal judge’s order sending a lawsuit against a Canadian energy company back to state court, SCOTUSblog reports. The 9th U.S. Circuit Court of Appeals had considered whether the company was an agent…

Jun 18, 2007 4:35 PM CDT

Passenger May Challenge Traffic Stop

The U.S. Supreme Court has ruled that a passenger in a car may challenge a police stop of the driver. Justice David H. Souter wrote the unanimous opinion for the court, Associated Press reports. “A traffic stop necessarily curtails the travel a passenger has chosen just as much as it…

Jun 18, 2007 4:23 PM CDT

Antitrust Ruling Favors Wall Street

The U.S. Supreme Court has ruled that the antitrust laws do not apply to initial public offerings, since they are extensively regulated by federal securities laws. The 7-1 ruling was a victory for Wall Street, Associated Press reports. The case stems from suits claiming investment banks conspired to manipulate the…

Jun 18, 2007 4:16 PM CDT

Tax Ruling Rejects Administration View

The U.S. Supreme Court disagreed with the Bush administration’s views on sovereign immunity when it ruled yesterday that that the courts may hear a suit against the nations of India and Mongolia for unpaid property taxes. The Bush administration had urged the U.S. Supreme Court to support immunity, saying such…

Jun 15, 2007 2:07 PM CDT

Deadline-Error Case Overrules Precedent

The lawyer for a convicted murderer who lost his Supreme Court appeal over a mistaken filing deadline says the court “went for form over substance.” Yesterday’s 5-4 Supreme Court ruling held that the filing deadline was jurisdictional and the appeal was not permitted. Cleveland lawyer Paul Mancino Jr. had filed…

Jun 15, 2007 12:26 PM CDT

Prisoner Loses Mistaken Deadline Appeal

A convicted murderer who filed his appeal before an erroneous deadline set by a federal judge cannot get a hearing on his habeas claims, the U.S. Supreme Court ruled today. The judge’s mistake didn’t alter the time limit set by federal law, Justice Clarence Thomas wrote for a majority of…

Jun 14, 2007 4:34 PM CDT

Court Upholds Union-Fee Restriction

The U.S. Supreme Court has upheld a Washington state law barring unions from using nonmember fees for political activities without consent. The court in a unanimous opinion by Justice Antonin Scalia said the law does not violate the union’s First Amendment rights, Associated Press reports. The law applied to unions…

Jun 14, 2007 4:23 PM CDT

Diplomatic Property-Tax Case Allowed

The U.S. Supreme Court ruled today that foreign governments are not immune to suits for payment of local property taxes. “Property ownership is not an inherently sovereign function,” said the majority opinion by Justice Clarence Thomas. The court ruled 7-2 for New York City, which is seeking back property taxes…

Jun 14, 2007 4:06 PM CDT

Court Watchers Dissect Alito Speech

The U.S. Supreme Court’s newest justice gave a speech yesterday that had court watchers wondering if it provides a hint that the First Amendment will prevail in two pending cases. Alito spoke about the issue in response to a question about freedom of speech on the Internet. “I’m a very…

Jun 14, 2007 4:02 PM CDT

SG Gets Bush Views in Securities Case

U.S. Solicitor General Paul Clement solicited President Bush’s views before declining to file an amicus brief in a Supreme Court case brought by investors seeking to hold third parties liable for accounting fraud. A lawyer for Bush indicated the president does not support liability for accountants or other third parties…

Jun 13, 2007 5:37 PM CDT

Amicus Proposal Riles Right, Left

Groups both liberal and conservative are objecting to a proposed Supreme Court rule on amicus briefs. The proposal would require the groups filing amicus briefs to reveal whether parties in the case or their lawyers are members, Tony Mauro of Legal Times reports. The rule would apply to lawyers in…

Jun 13, 2007 12:51 PM CDT

Where’s the Brief? DOJ Doesn’t File

The U.S. Solicitor General missed a midnight deadline to file an amicus brief supporting investors who want to hold third parties directly liable for helping commit accounting fraud.

The missed deadline indicates disagreement within the government over the issue of third-party liability, the Wall Street Journal reports (sub. req.). The Securities and Exchange Commission had asked the Justice Department to file the brief.

The Supreme Court case seeks to hold third parties liable as “primary violators” for joining in transactions that allegedly helped a cable TV company inflate its financial picture.

Jun 12, 2007 7:48 PM CDT

Kennedy Pushes OT Law After Ruling

Sen. Edward Kennedy, D-Mass., says he will work to amend a federal labor law to protect the wages of home-health aides.

Kennedy said a U.S. Supreme Court ruling barring overtime for most home-care workers highlights “a significant gap in the protections of our laws.”

Jun 12, 2007 4:14 PM CDT