U.S. Supreme Court

Supreme Court Rules on Two Patent Cases

In two patent decisions today, the U.S. Supreme Court made it easier to challenge patents on new products and declined to extend U.S. anti-infringement standards abroad. In one case, the high court said the U.S. Court of Appeals for the Federal Circuit had applied an overinclusive test in determining whether…

Apr 30, 2007 6:33 PM CDT

Enron Case Tests Bank Liability

The U.S. Supreme Court is being asked to expand aiding and abetting liability for banks. Ben Stein argues in a New York Times column that the high court needs to protect shareholders and “send up a warning flare to investment banks” that they cannot aid fraud. The court is being…

Apr 30, 2007 1:44 PM CDT

Flurry of Legislation After U.S. Abortion Decision

A flurry of legislation has followed the U.S. Supreme Court’s controversial 5-4 ruling last week to ban so-called partial-birth abortion. Some states and federal lawmakers are seeking to clarify abortion rights. Others have been inspired to dust off old laws and create new ones incorporating increased abortion restrictions. During the…

Apr 27, 2007 6:09 PM CDT

Newbie Influence in Kennedy Abortion Opinion

Justice Anthony M. Kennedy’s concern for medical risks to women displayed in oral arguments last year were missing from his majority opinion last week upholding a ban on so-called partial birth abortions, according to an opinion piece in the New York Times. The opinion revives an undue-burden test espoused by…

Apr 27, 2007 3:22 PM CDT

Chief Justice Complains of ‘Revisionist’ Spin

Justice Anthony M. Kennedy provided the crucial swing vote yesterday in three Supreme Court cases striking down the death sentences of Texas inmates, a New York Times article points out. Chief Justice John G. Roberts Jr. argued in a dissent that the majority was putting an unwarranted spin on the…

Apr 26, 2007 2:25 PM CDT

Is it Faith or Conservatism that Matters?

A New York Times article weighs in on the issue of whether religion mattered in last week’s U.S. Supreme Court decision upholding a ban on “partial-birth” abortion. All five justices who voted to uphold the law were Roman Catholics, raising debate and even prompting Rosie O’Donnell of ABC’s The View…

Apr 26, 2007 2:12 PM CDT

Solicitor General Struggles Before Justices

In oral arguments yesterday, Solicitor General Paul D. Clement ran into trouble as he argued against an exception to a ban on some issue ads by unions and businesses in the weeks before elections. Clement told the U.S. Supreme Court justices that an exception to the ban on ads mentioning…

Apr 26, 2007 1:47 PM CDT

NY Governor to Bring Abortion-Rights Bill

New York Gov. Eliot Spitzer says he’ll introduce a bill to preserve abortion rights in the state, the New York Times reports. The current law, for example, does not allow for late-term abortions to protect the health of the mother. Another old statute bars the sale of nonprescription contraceptives to…

Apr 26, 2007 1:27 PM CDT

Justices Doubtful About Campaign Ad Restriction

Several justices showed little enthusiasm today for a federal law that restricts TV ads by unions and businesses in the weeks before an election, SCOTUSblog reports. The appeal began as a challenge to the Bipartisan Campaign Reform Act of 2002 as it was applied, but now it seeks to overrule…

Apr 25, 2007 7:52 PM CDT

Court Weighs Suits By Congressional Employees

The U.S. Supreme Court will have to sort through a tangle of issues in a case that asks whether the speech or debate clause gives immunity to members of Congress for their hiring and firing decisions, according to the Washington Post. Brad Hanson is suing former Sen. Mark Dayton of…

Apr 25, 2007 7:00 PM CDT

Supreme Court Overturns Texas Death Sentences

They were based on faulty jury instructions that did not give sufficient weight to mitigating factors, according to three decisions issued today.

Apr 25, 2007 4:54 PM CDT

Court Hears Campaign Funding Case Today

The U.S. Supreme Court today hears a challenge to a federal law that restricts TV ads by unions and businesses in the weeks before an election. The Wall Street Journal (sub. req.) reports that eyes will be on Justice Samuel A. Alito Jr. He replaced retired Justice Sandra Day O’Connor,…

Apr 25, 2007 2:44 PM CDT

Court Hears Foreign Immunity Dispute

U.S. Supreme Court Justices appeared to resist arguments that the Foreign Sovereign Immunities Act bars federal court jurisdiction in an international dispute over property taxes.

Apr 25, 2007 12:25 PM CDT

‘Partial’ Abortion Ban Puts Justices’ Faith at Issue

Last week’s decision by the U.S. Supreme Court to ban so-called partial birth abortion has sparked contentious discussion about the religious views of the nine justices who rendered the 5-4 ruling. A majority reportedly are Catholic In an article today detailing the controversy, ABC characterizes the issue as a “backlash”…

Apr 24, 2007 8:59 PM CDT

Court Declines School Recruiting Case

The U.S. Supreme Court yesterday refused to hear an appeal by the University of Phoenix seeking dismissal of a lawsuit filed under the False Claims Act, according to the Los Angeles Times. The suit claims the school defrauded the federal government by paying school staffers to recruit students in violation…

Apr 24, 2007 4:29 PM CDT