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Friday, June 23, 2006 

Ten Remain

I have yet to read the opinions handed down by the Supreme Court yesterday. Work and a kickball game (we lost) kept me away from reading these. How Appealing has the links here, which I will slowly work my way through tonight and tomorrow hopefully. I'm very interested to read these. There are a few interesting splits between the Justices, including a few concurrences.

Since those five opinions were delivered, ten cases remain on the Court's docket. SCOTUS has the list...
04-1170 -- Kansas v. Marsh (constitutionality of a death penalty law that requires death if plus and minor factors are in balance) (re-argued case)
04-1528 (and two companion cases) -- Randall v. Sorrell (constitutionality of state ceilings on campaign expenditures)
04-1739 -- Beard v. Banks (right of dangerous prison inmates to have access to newspapers, magazines and photographs)
04-10566 (and a companion case) -- Sanchez-Llamas v. Oregon (state court duty to obey World Court ruling on arrested foreign nationals' access to consular officer)
05-18 -- Arlington School District v. Murphy (parents' right to recover fees for expert witness in disabled child education case)
05-83 -- Washington v. Recuenco (harmless error analysis for error in sentence enhancement)
05-184 -- Hamdan v. Rumsfeld (Supreme Court power to decide constitutionality of war-on-terrorism war crimes tribunals, and the merits of that constitutional question)
05-204 (and three companion cases) -- League of United Latin American Citizens v. Perry (validity of Texas congressional redistricting plan)
05-352 -- U.S. v. Gonzalez-Lopez (remedy for denial of access to counsel of choice in a criminal case)
05-5966 -- Clark v. Arizona (right to make an insanity defense to disprove criminal intent)
Hamdan will be the case that gets the biggest press coverage, since it is a War on Terror case. I'm predicting a big loss for the government in this one, especially since the Chief had to recuse himself (he ruled on the case when it was before the DC Circuit). I'm also interested to see what happens with the Texas redistricting cases and the Vermont campaign finance cases. I tackled the Texas cases in these two posts. I took a look at the Vermont case here. These are a little too close for me to call, but I can't wait to see what the Court does with them.

The Court is scheduled to finish the term at the end of next week. I'm guessing that there will be another five decisions on Monday and five more on Thursday. They can take more time, but I have a feeling that the Chief wants to end his first term on time. Rehnquist would have wanted it that way.

There is also the possibility that there may be a retirement this year. If it did happen, it would happen sometime shortly after the term ended. The Justices like to give the president and the Senate enough time to nominate and confirm a replacement before the Court returns the first Monday in October. My fingers are crossed...

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  • From Milwaukee, Wisconsin, United States
  • "There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." P.J. O'Rourke
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