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By on Mar 1, 2010 at 9:35 am

The Court is expected to release orders at 10 a.m.  Then it will hear oral arguments in three cases: ~10 a.m. - In Berghuis v. Thompkins (08-1470), the Court will consider whether a criminal defendant waives his Fifth Amendment rights when he is given a Miranda...

By on Mar 1, 2010 at 9:25 am
The Court is expected to release orders today at 10 a.m. and is expected to release opinions tomorrow.  The following cases are also scheduled for oral argument (Health Care Service Corp. v. Pollitt (09-38), which was originally scheduled for oral argument on Wednesday, has been removed from the hearing list because the case was privately settled). Monday, March 1:
  • Berghuis v. Thompkins (08-1470) — Miranda, police persuasion of an individual in custody
  • Holland v. Florida (09-5327) — extended time to file habeas plea due to defense lawyer's negligence in capital case
  • Skilling v. United States (08-1394) — constitutionality and scope of "honest services" fraud law; effect of pre-trial publicity
Tuesday, March 2:
  • McDonald v. City of Chicago (08-1521) — incorporation of Second Amendment against the states
  • Hui v. Castaneda (08-1529; 08-1547) — “Bivens actions” against doctors and nurses in federal medical facilities over flaws in medical care claimed to violate patients’ constitutional rights
Wednesday, March 3: The Justices will hold a private conference on Friday. The schedule of merits briefs due this week follows the jump.

By on Feb 26, 2010 at 8:00 am

The Justices hold their private conference today to consider petitions for certiorari and motions in pending cases.  Our list of Petitions to Watch for that conference is here.  No non-capital orders are expected; should any be issued, we will promptly report on them....

By on Feb 25, 2010 at 8:30 am

No oral arguments are scheduled, and no non-capital orders are expected.  We will promptly report on orders should any be released....

By on Feb 24, 2010 at 8:15 am

One or more opinions may be released at 10 a.m.; we will be live-blogging should any be handed down.  Then the Court will hear oral argument in the following cases: ~10 a.m. - The Court will consider how the Ex Post Facto Clause applies to a...

By on Feb 23, 2010 at 7:15 am

The Court is expected to release one or more opinions at 10 a.m., which we will blog live. Oral arguments are also scheduled in two cases: ~10 a.m. -In Holder v. Humanitarian Law Project (08-1498; 09-89), the Court will consider whether a federal statute prohibiting the knowing...

By on Feb 22, 2010 at 10:07 am
The Court has granted cert. in two cases,  Los Angeles County v. Humphries (09-350) and  Harrington v. Richter (09-587).  In the former case, the Court has limited the questions presented to the first one (see below).  In the latter case, the Court has directed the parties to address a question in addition to those raised in the petition: Does AEDPA deference apply to a state court's summary disposition of a claim including a claim under Strickland v. Washington? [ADDITION, 8 p.m.: The original version of this post did not state that the questions presented in Los Angeles County v. Humphries were limited to the first question.] The Solicitor General is invited to file a brief expressing the views of the United States in two cases: CSX Transportation v. Alabama Department of Revenue (09-520) and Ortho Biotech Products v. United States ex rel. Duxbury (09-654). There are two unanimous summary dispositions: In Wilkins v. Gaddy (08-10914) the judgment of the lower court is reversed and remanded for further proceedings; in Thaler v. Haynes (09-273), the lower court's judgment is also reversed and remanded.  Justice Thomas filed a concurrence, joined by Justice Scalia, in Wilkins. The full order list is here.  Briefs in cases acted on follow the jump.

By on Feb 22, 2010 at 8:55 am
The Court returns from its recess today and is expected to release orders at 10 a.m.  The Justices meet for a private conference on Friday.  Six oral arguments are scheduled for this week, as follows: Monday, February 22:
  • Astrue v. Ratliff (08-1322) — whether attorneys’ fees award under the Equal Access to Justice Act can be used to cover a separate debt owed to the government by the prevailing party
  • Lewis v. City of Chicago (08-974) -- deadline for complaint about the use of an employment test that has a stronger negative impact on minority applicants [Disclosure: Howe & Russell filed an amicus brief in support of the petitioners.]
Tuesday, February 23:
  • Holder v. Humanitarian Law Project (08-1498; 09-89) — constitutionality of law prohibiting “material support” to designated terrorist groups
  • United States v. O’Brien and Burgess (08-1569) — trial findings on a weapon that triggers a higher criminal sentence
Wednesday, February 24:
  • Carr v. United States (08-1301) — Ex Post Facto Clause application to sex offender registration law
  • United States v. Marcus (08-1341) — validity of conviction based in part on conduct that occurred before criminal law enacted
The schedule of merits briefs due this week follows the jump.

By on Feb 22, 2010 at 8:44 am

Today at 10 a.m. the Court is expected to release orders from its conference on Friday.  Our list of petitions to watch for that conference is here.  Oral arguments will also be heard in the following two cases: 10 a.m. - In Astrue v. Ratliff (08-1322),...

By on Feb 16, 2010 at 12:18 pm
The Supreme Court on Tuesday released the calendar for oral argument in the sitting that begins April 19 -- the last scheduled sitting of the Term.  On four of the six scheduled days, a single case will be heard. Below the jump is the day-by-day schedule, with a brief summary of the issues involved.