The D.C. Circuit Court order (now under challenge before Chief Justice John G. Roberts, Jr) overturning a federal judge’s decision to protect an Algerian national from being sent over his protest to his home country has been made public.  The two-page order, followed by a two-page partial dissent by Circuit Judge David S. Tatel, is [...]... Read More »»»

In advance of next week’s Senate Judiciary Committee vote on Elena Kagan’s confirmation, the vote lines are hardening.  Despite initially criticizing Kagan for being non-responsive at her hearing, Senator Arlen Specter somewhat reluctantly pledged to support her yesterday in a USA Today op-ed, saying she did “just enough” to win his vote – largely because [...]... Read More »»»

Today Senator Arlen Specter announced in a USA Today op-ed that he will vote for Elena Kagan’s confirmation to the Supreme Court. Specter says Kagan did “just enough” to win his vote “by her answers that television would be good for the country and the court, and by identifying Justice Marshall as her role model.”The Senate Judiciary [...]... Read More »»»

Several high-profile developments in the lower courts are raising the question: what, if anything, will the Supreme Court do?One such development came from the Second Circuit yesterday, in a case that has been before the Justices once already.  In April 2009, the Court issued a five-to-four opinion in FCC v. Fox Television Stations, upholding the [...]... Read More »»»

Reacting to a Supreme Court order to take a new look at “indecency” on radio and TV, the Second Circuit Court suggested on Tuesday that constitutional law on free speech may need to be updated for the Digital Age, especially now that  “new offensive and indecent words are invented every day.”  Even so, applying First Amendment doctrine [...]... Read More »»»

The Obama Administration, switching its attempt to control deepwater oil well drilling in the Gulf of Mexico, has moved in two federal courts to regain the authority to limit new exploration for several months.  Faced with two court orders that temporarily scuttled a six-month moratorium on any drilling in depths of 500 feet or more, [...]... Read More »»»

UPDATE 5:30 p.m.   The Chief Justice has asked the federal government to respond to this plea by 3 p.m. this Friday, July 16.—————————-An Algerian national, seeking to avoid being sent from Guantanamo Bay to his home country, on Tuesday asked Chief Justice John G. Roberts, Jr., to temporarily delay any transfer until after the detainee’s appeal is [...]... Read More »»»

As expected, the Senate Judiciary Committee has delayed for another week a vote on Elena Kagan’s confirmation, which was originally scheduled for today.  Jeff Sessions, the Committee’s ranking Republican member, requested the delay, which was granted by the chairman of the Committee, Democratic Senator Patrick Leahy.  The Associated Press and Wall Street Journal both have coverage.... Read More »»»

The D.C. Circuit Court, in a broad hint to the Justice Department to adopt a new strategy in detainee cases,  suggested strongly on Tuesday that federal judges are now demanding too much evidence from the government to justify holding prisoners at Guantanamo Bay, and elsewhere.  Although the three-judge panel said it was not deciding the issue finally, [...]... Read More »»»

Although the Senate Judiciary Committee is expected to vote in favor of Elena Kagan’s nomination, it is not expected to do so today. As the AP’s Julie Hirschfeld Davis reports, Republican senators on the committee will seek to delay the vote on the nomination for another week; the chairman of the committee, Senator Patrick Leahy, [...]... Read More »»»

Although no orders or opinions were issued last week by the Court, we have updated our sister site, SCOTUSwiki, to include a number of new filings in OT10 cases.  New petitioners’ briefs were added to the case pages for Costco v. Omega, Staub v. Proctor Hospital, and United States v. Tohono O’Odham Nation, and the [...]... Read More »»»

Five Chinese Muslim prisoners at Guantanamo Bay, arguing that the Supreme Court has not taken away all court authority to release detainees, on Monday asked the full D.C. Circuit Court to reconsider a three-judge panel’s rulings that they have no remedy left in court.  The plea is the latest attempt by detainees’ lawyers to get what they consider to [...]... Read More »»»

The most recent round of criticism of Elena Kagan involves her claimed role in the medical debate over the procedure known as Intact D&X, which pro-life advocates refer to as partial-birth abortion.  As almost everyone knows, so I won’t recount in detail here, it is a particularly gruesome, late-term procedure that Congress has banned, including [...]... Read More »»»

The “Notable Petitions” feature lists petitions that likely will later appear on our “Petitions to Watch” list when they are ready for consideration by the Justices.  ”Notable Petitions” are those that Tom has identified as raising one or more questions that has a reasonable chance of being granted in an appropriate case.  We generally do [...]... Read More »»»

The weekend began with what is expected to be the last set of documents from Elena Kagan before the vote on her confirmation: the Senate Judiciary Committee released her answers to post-hearing questions submitted by six of the seven Republican Senators.  (Senator Hatch did not participate.)  Jess Bravin of the Wall Street Journal reports that, [...]... Read More »»»