Once more signaling that it will not back down on its rulings curtailing federal judges’ power to review government orders on the fate of Guantanamo Bay detainees, the D.C. Circuit Court on Thursday refused , over two judges’ dissents, to reconsider its decision last year in Kiyemba v. Obama. That decision, known informally as “ Kiyemba II ” (Circuit docket 09-5424), has been challenged repeatedly — but each time unsuccessfully... 

Arguing that a federal appeals court has raised an environmental threat that could linger “for generations to come,” the state of North Carolina on Wednesday asked for a new look at states’ options for limiting airborne pollution coming across their borders from out-of-state power plants.   Its plea for rehearing came in the Fourth Circuit Court in the case of North Carolina v. Tennessee Valley Authority (Circuit docket 09-1623)... 

Raising further the prospect that the courts may never rule on the legality of the Central Intelligence Agency’s alleged program of “rendition” of terrorism suspects to other countries for questioning and perhaps for torture, the en banc Ninth Circuit Court on Wednesday dismissed  the latest challenge.   Dividing 6-5, the Court relied on a broad “state secrets” theory to put a stop — before any evidence was... 

The Supreme Court on Tuesday released the argument calendar for the December session, which actually begins on Monday, Nov. 29.  It will continue through Wednesday, Dec. 8.  Arguments will be held in the mornings only, starting each day at 10 a.m. and running to noon with one hour of argument per case.  The issues raised in each case are indicated in the listing below.  Also shown are the cases in which new Justice Elena Kagan will not be participating.... 

Labor Day weekend is now but a memory, which means that the beginning of October Term 2010 (whose name derives from its beginning, as dictated by statute, on the first Monday of October) is right around the corner.  Supreme Court watchers are rubbing their hands together with anticipation.  So what will happen in the days leading up to October 4?  A few details: First, the Justices will be returning from their summers far and wide.  For example,... 

The “Petition of the day” posts feature petitions that are likely to appear on our “Petitions to watch” list when they are scheduled for consideration by the Justices. “Petitions of the day” 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 not attempt to evaluate whether the case presents an appropriate vehicle to decide the question,... 

The Week of September 6, 2010 In this section of SCOTUSblog, we will provide information on the cases argued and decided during the current week, as well as the petitions that are up for consideration and granted that week.  But for the next three weeks, no cases will be  argued or decided, and no petitions will be considered, because the Court is in recess. The next significant action of the Justices will be to meet in Conference to consider... 

Last week, the Acting Solicitor General filed invitation briefs in two cases, recommending that cert. be denied in both Placer Dome, Inc. v. Provincial Government of Marinduque (09-944) and Hogan v. Kaltag Tribal Council (09-960).  At issue in Placer Dome is the power of federal courts to rule on a case that involves potential foreign policy issues because a foreign government is involved; the invitation brief is available here .  At issue in Hogan... 

Lawyers for British American Tobacco Co., seeking a chance to overturn an anti-racketeering ruling against it, on Friday notified the Supreme Court of a new lower court ruling that bars the overseas reach of the Racketeer Influenced and Corrupt Organizations Act of 1970 — one of the main U.S. laws used to challenge business misconduct.  In a letter filed with the Court’s clerk, the attorneys attached the decision reached on Wednesday... 

UPDATE: The Wal-Mart petition has been docketed as 10-277. ——————– Wal-Mart Stores, the nation’s largest private employer, urged the Supreme Court on Wednesday to put new limits on the use of payroll-wide lawsuits in job bias cases, and to block such sweeping claims when workers are asking for back pay and other forms of money damages.  In a petition for review (not yet assigned a docket number), Wal-Mart... 

In the latest effort to salvage authority for federal judges to control the legal fate of Guantanamo Bay detainees, lawyers for 31 of those prisoners have told the D.C. Circuit Court that they will seek to return to the Supreme Court if lower courts move to scuttle that new effort.  In two filings on Monday, applying to all 31 of their cases now pending in the Circuit Court, the detainees’ counsel took new aim at a 2009 decision by a Circuit... 

The Supreme Court on Monday released the schedule of oral arguments to be heard in the two-week session that begins on Monday, Nov. 1.  During this sitting, the Court will have only one afternoon session — on Tuesday, Nov. 2.   Morning arguments begin at 10 a.m.  An afternoon argument starts at 1 p.m.  A day-by-day list of arguments, with a summary of the issue in each case, is below the jump.  The list also shows the cases from which... 

A group of Arizona taxpayers, in a new filing in the Supreme Court, has suggested that the Justices consider avoiding a ruling in a major case on tuition tax credits for parents of parochial school students, at least until the impact of a new Arizona state law has been assessed, first by lower courts. The Court in May granted review of two cases; that was before it was told about new legislation in the state.  The supporters of the tax credit program... 

The government’s headline-making prosecution of Zacarias Moussaoui — the only person so far convicted of any crime related to the terrorist attacks on Sept. 11, 2001 — will not be tested in the Supreme Court, at least for some time.  The time to file an appeal ran out on July 30, and his court-appointed lawyers have since advised the Fourth Circuit Court that Moussaoui did not authorize them to file a petition …  Read More →

The government’s headline-making prosecution of Zacarias Moussaoui — the only person so far convicted of any crime related to the terrorist attacks on Sept. 11, 2001 — will not be tested in the Supreme Court, at least for some time.  The time to file an appeal ran out on July 30, and his court-appointed lawyers have since advised the Fourth Circuit Court that Moussaoui did not authorize them to file a petition for review by the...