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Supreme Court Term 2013-14: Outstanding Cases

by: tmess2

Sun May 18, 2014 at 22:31:22 PM EDT

It's that time of year again.  The Supreme Court is done with arguments and will be spending the next six weeks issuing opinions (as well as finalizing the cases to be heard this fall).  This year, the Supreme Court heard arguments in seventy cases.  So far they have decided forty cases and have thirty remaining.  We will probably get 3-4 opinions per week for the next three weeks at which point the remaining cases will come in a flood (including most of the major cases not yet decided).

Most of the cases from last fall have been decided.  The biggest case remaining (probably being written by Chief Justice Roberts) is in many ways a small case that has become much bigger than it should be.  The case is Bond v. United States back for a second time at the Supreme Court.  The case involves a poisoning, but the local federal prosecutor decided to charge a federal offense under a statute implementing the Chemical Weapons Convention.  By opting to charge a federal offense (rather than letting the state prosecutors handle the case as a state offense), the federal prosecutor has created a major dispute over whether a the US can use a treaty to expand federal power.  The easy out in the case would be for the Supreme Court to narrowly interpret the statute to not reach the charges in this case.  The other two cases from the fall involve the ability of a child to get residence status under U.S. immigrations law if that "child" becomes an adult while on the waiting list and the scope of the federal authority to regulate casinos run by Native Americans if those casinos are located outside of tribal land. 

 

The winter cases (January and February) are only half-decide (ten cases remaining out of nineteen arguments).  Because of the number of cases remaining, it is too soon to tell which justices might have these cases.  There are still three big cases from January.  The biggest is the Noel Canning case on the scope of the recess appointment power. Whichever side wins may well regret it when, at some point in the future, control of the White House flips.  For now, conservatives are arguing that the President can only fill a vacancy during the recess between the end of the session in the fall of one year and the first meeting of the following session in January and only if the position becomes vacant during that recess.  Also outstanding from January is a case on the Massachusetts law creating a protest-free bubble around abortion clinics and mandatory unionization for home health care providers in Illinois (for the purpose of Medicaid reimbursements. 

The big case from February is the greenhouse gas case.  As noted in previous posts, the Supreme Court rejected most of the challenges to the regulations and is only considering a limited technical issue of statutory interpretation -- does the finding that these gases are pollutants for the purpose of the sections of the Clean Air Act governing motor vehicles also mean that they are pollutants for the sections covering power plants.  The other major case from February is a securities fraud case involving Haliburton (a/k/a the source of all evil).

There's More... :: (0 Comments, 660 words in story)


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