Supreme Court Opinions | 6.25.08(06/25/2008) 
9:54
Ben Winograd: 

Welcome, readers, to SCOTUSblog’s “live” coverage of the Supreme Court’s public session of Wednesday, June 25.

Wednesday June 25, 2008 9:54 Ben Winograd
9:54
Ben Winograd: 

The session is scheduled to start at 10 a.m. Eastern, and the Justices are expected to begin issuing decisions moments thereafter.

Wednesday June 25, 2008 9:54 Ben Winograd
9:54
Ben Winograd: 

There are seven outstanding cases left to be decided. If the Court does not issue decisions today in all remaining cases, one or more opinion days may be scheduled this week.

Wednesday June 25, 2008 9:54 Ben Winograd
9:54
Ben Winograd: 

Because the LiveBlog automatically updates, users do not need to refresh their browsers to receive the latest developments.

Wednesday June 25, 2008 9:54 Ben Winograd
9:55
Ben Winograd: 

As always, the Court does not release any advance information on which opinions will be issued, and we do not render any predictions. Our coverage will begin shortly.

Wednesday June 25, 2008 9:55 Ben Winograd
9:56
If the Court issues a decision in Heller today, will the D.C. gun ban be:
Upheld
 ( 5% )
Struck down
 ( 92% )
Sent back for trial
 ( 3% )

Wednesday June 25, 2008 9:56 
10:03
Ben Winograd: 

The Court has released the opinion in Exxon v. Baker (07-219), on the validity of the $2.5 billion punitive damages award to victims of the Exxon Valdez oil spill. The ruling below, which upheld the award, is vacated and remanded.

 

Justice Souter wrote the opinion. All Justices concurred in the judgment, except Justice Alito, who took no part. We will provide a link to the decision as soon as it is available.

Wednesday June 25, 2008 10:03 Ben Winograd
10:03
Tom Goldstein: 
In Exxon, the judgment is vacated and remanded.   The Court divided depending on the issues.   The Court divided equally on whether maritime law permits punitives for the acts of agents (Alito not participating).   The Court deemed the punitives excessive based on maritime common law, holding the punitives should be equal to the compensatories.
Wednesday June 25, 2008 10:03 Tom Goldstein
10:07
Ben Winograd: 

The Court has released the opinion in Kennedy v. Louisiana (07-343), on whether the Eighth Amendment prohibits states from imposing the death penalty for child rape, and, if not, whether Louisiana’s statute fails to narrow the class of offenders eligible for the death penalty. The ruling below, which upheld the state law, is reversed and remanded.

 

Justice Kennedy wrote the opinion. Justice Alito dissented, joined by the Chief Justice and Justices Scalia and Thomas. We will provide a link to the decision as soon as it is available.

Wednesday June 25, 2008 10:07 Ben Winograd
10:08
Tom Goldstein: 
The Kennedy v. LA decision holds that the death penalty for child rape is unconstitutional if the defendants' acts were not intended to cause death.
Wednesday June 25, 2008 10:08 Tom Goldstein
10:09
Tom Goldstein: 
In Exxon, the Court holds that the punitives are limited to $507.5 million.
Wednesday June 25, 2008 10:09 Tom Goldstein
10:09
Ben Winograd: 
Today's opinion by Justice Souter in Exxon v. Baker (07-219) is now available here.
Wednesday June 25, 2008 10:09 Ben Winograd
10:11
Tom Goldstein: 
In Exxon, the punitive damage ruling is 5-3.
Wednesday June 25, 2008 10:11 Tom Goldstein
10:11
Tom Goldstein: 

At least one more opinion is still to come.

Wednesday June 25, 2008 10:11 Tom Goldstein
10:13
Ben Winograd: 
Today's opinion by Justice Kennedy in Kennedy v. Louisiana (07-343) is now available here.
Wednesday June 25, 2008 10:13 Ben Winograd
10:14
Tom Goldstein: 
The Justice Kennedy opinion in Kennedy v. LA is categorical -- the death penalty is forbidden for crimes against individuals that do not result in death.
Wednesday June 25, 2008 10:14 Tom Goldstein
10:15
Brian Sagona: 

The Court has released the opinion in Giles v. California (07-6053), on whether a criminal defendant automatically forfeited his right to exclude testimony of a witness he killed before trial, or whether the state was required to show he killed the witness specifically to prevent her from testifying.   The ruling below, which affirmed the defendant’s conviction, is vacated and remanded.

 

Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices  Stevens and Kennedy. We will provide a link to the decision as soon as it is available.
Wednesday June 25, 2008 10:15 Brian Sagona
10:16
Tom Goldstein: 
At least one more decision is coming.
Wednesday June 25, 2008 10:16 Tom Goldstein
10:18
Ben Winograd: 
According to Lyle's report:

"The Supreme Court ruled Wednesday that it is unconstitutional to impose the death penalty for the crime of raping a child, when the victim does not die and death was not intended. The ruling split the Court 5-4.   The decision nullified a Louisiana law that provided capital punishment for raping a child under age 12.   The law was since amended to apply to raping a child under age 13."
Wednesday June 25, 2008 10:18 Ben Winograd
10:19
Ben Winograd: 

Today's opinion by Justice Scalia in Giles v. California (07-6053) is now available here.

Wednesday June 25, 2008 10:19 Ben Winograd
10:20
Tom Goldstein: 
The crux of the 6-3 decision in Giles is whether the defendant intended to cause the victim to be unable to testimony.  
Wednesday June 25, 2008 10:20 Tom Goldstein
10:21
Tom Goldstein: 
Guns is not being decided today.   Last opinion coming now.
Wednesday June 25, 2008 10:21 Tom Goldstein
10:22
Tom Goldstein: 
We'll know in a few minutes whether tomorrow will be the last day.
Wednesday June 25, 2008 10:22 Tom Goldstein
10:22
Brian Sagona: 

The Court has released the opinion in Plains Commerce v. Long Family Land and Cattle (07-411), on whether Indian tribal courts have authority to decide civil lawsuits involving business dealings between companies owned by members of the tribe and banks that own land on a reservation, but are not themselves owned by a tribal member. The ruling below, which found for the tribal members, is reversed.

 

Chied Justice Roberts wrote the opinion. Justice Ginsburg dissented, joined by Justices Stevens, Souter and Breyer. We will provide a link to the decision as soon as it is available.

Wednesday June 25, 2008 10:22 Brian Sagona
10:26
Tom Goldstein: 

We can now predict that in addition to Justice Scalia likely writing Heller, Justice Alito is likely writing Davis v. FEC.

Wednesday June 25, 2008 10:26 Tom Goldstein
10:26
Ben Winograd: 
Today's opinion by Chief Justice Roberts in Plains Commerce Bank v. Long Family Land & Cattle (07-411) is now available here.
Wednesday June 25, 2008 10:26 Ben Winograd
10:27
Ben Winograd: 
The Chief Justice has announced from the courtroom that the Court will issue all of its remaining opinions tomorrow at 10 a.m. Eastern.
Wednesday June 25, 2008 10:27 Ben Winograd
10:28
Ben Winograd: 

To recap, the Justices issued four decisions today, including rulings that vacated the $2.5 billion punitive damages award resulting from the Exxon Valdez oil spill, and that struck down under the Eighth Amendment a Louisiana law permitting capital punishment for defendants convicted of child rape.

 

The opinion by Justice Souter in Exxon v. Baker (07-219) is available here.

 

The opinion by Justice Kennedy in Kennedy v. Louisiana (07-343) is available here.

 

The opinion by Justice Scalia in Giles v. California (07-6053) is available here.

 

The opinion by Chief Justice Roberts in Plains Commerce Bank v. Long Family Land & Cattle (07-411) is available here.

Wednesday June 25, 2008 10:28 Ben Winograd
10:28
Ben Winograd: 

This concludes our coverage of today’s public session. Please join us once again tomorrow for the final day of the Supreme Court term.

Wednesday June 25, 2008 10:28 Ben Winograd
10:29
Tom Goldstein: 
To recap for those watching the Heller decision, it will definitely be decided tomorrow morning.
Wednesday June 25, 2008 10:29 Tom Goldstein
10:30
Ben Winograd: 

For further news and analysis on this morning’s decisions throughout the day, please visit our homepage at SCOTUSblog.com.

Wednesday June 25, 2008 10:30 Ben Winograd
10:35
Jason Harrow: 
Tomorrow, the Court will issue its remaining three decisions: Heller (DC Guns), Davis v. FEC (campaign finance), and American Electric Power (energy contracts).

Wednesday June 25, 2008 10:35 Jason Harrow
10:37
Jason Harrow: 
As Tom previously mentioned, it is quite likely that Justice Scalia is writing the majority opinion in the Guns case and that Justice Alito is writing the opinion in the election case, Davis v. FEC.   The author of American Electric Power is harder to predict.
Wednesday June 25, 2008 10:37 Jason Harrow
10:39
Jason Harrow: 
Clarification: while it appears that Justice Scalia has the principle opinion in the Guns case, it is not necessarily a majority opinion.   It could be a plurality opinion.
Wednesday June 25, 2008 10:39 Jason Harrow
10:42
Ben Winograd: 
Please join us tomorrow at 10 a.m. for LiveBlog coverage of the final day of the Supreme Court term.
Wednesday June 25, 2008 10:42 Ben Winograd
10:43



 
 
 
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