LiveBlog: Opinions | 6.12.08
9:46
Ben Winograd: 
Welcome, readers, to SCOTUSblog’s “live” coverage of the Court’s public session of Thursday, June 12. The session is scheduled to begin at 10 a.m. Eastern, and the Justices are expected to start announcing opinions shortly thereafter. As noted above, the LiveBlog automatically updates; users do not need to refresh their browsers to receive the latest developments.
Thursday June 12, 2008 9:46 Ben Winograd
9:49
Ben Winograd: 
As always, the Court does not release any advance information as to which opinions will be issued, and we do not render any predictions.
Thursday June 12, 2008 9:49 Ben Winograd
10:01
Ben Winograd: 
The Court has released the opinion in Taylor v. Sturgell (07-371), on whether a court may bar a claim under the Freedom of Information Act on grounds the claimant was “virtually represented” by a previous party making an identical request. The ruling below, which found for the government, is vacated and remanded.

 

Justice Ginsburg wrote the opinion. The opinion was unanimous. We will provide a link to the decision as soon as it is available.

Thursday June 12, 2008 10:01 Ben Winograd
10:05
Ben Winograd: 
The Court has released the opinion in Boumediene v. Bush (06-1195) and Al-Odah v. United States (06-1196), on whether the Military Commissions Act of 2006 violates the habeas corpus rights of foreign detainees held at Guantanamo Bay. The ruling below, which found for the government, is reversed.  

 

Justice Kennedy wrote the opinion. The Chief Justice, Justice Scalia, Thomas and Alito dissented. We will provide a link to the decision as soon as it is available
Thursday June 12, 2008 10:05 Ben Winograd
10:08
Ben Winograd: 
In Boumediene, Justice Souter issued a concurring opinion, joined by Ginsburg and Breyer. The Chief Justice wrote a dissent joined by Scalia, Thomas and Alito. Justice Scalia filed a dissent, joined by the Chief Justice, Thomas and Alito.

Thursday June 12, 2008 10:08 Ben Winograd
10:10
Ben Winograd: 
Lyle's report on the detainee case is available here.
Thursday June 12, 2008 10:10 Ben Winograd
10:11
Ben Winograd: 
Today's opinion by Justice Ginsburg in Taylor v. Sturgell (07-371) is now available here.
Thursday June 12, 2008 10:11 Ben Winograd
10:15
Ben Winograd: 
Today's opinion by Justice Kennedy in Boumediene is now available here.
Thursday June 12, 2008 10:15 Ben Winograd
10:18
Ben Winograd: 
More opinions are still expected to be issued from the Court today, including Munaf v. Geren (06-1666), which is referred to in Boumediene.
Thursday June 12, 2008 10:18 Ben Winograd
10:20
Brian Sagona: 
The Court has released the opinion in Republic of Philippines v. Pimentel (06-1204), involving a dispute between the Philippine government and a class of human rights victims over funds allegedly misappropriated by former president Ferdinand Marcos. The ruling below, which found for the human rights victims, is reversed.

 

Justice Kennedy wrote the opinion. Justices Stevens and Souter dissented in part. We will provide a link to the decision as soon as it is available.

Thursday June 12, 2008 10:20 Brian Sagona
10:21
Ben Winograd: 
For those just joining us, the Court has issued an opinion in the Guantanamo detainee case. Lyle's initial take an the case reads:

"In a stunning blow to the Bush Administration in its war-on-terrorism policies, the  Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights."
Thursday June 12, 2008 10:21 Ben Winograd
10:27
Ben Winograd: 
Today's opinion by Justice Kennedy in Republic of the Philippines v. Pimentel (06-1204) is now available here.
Thursday June 12, 2008 10:27 Ben Winograd
10:27
Brian Sagona: 
The Court has released the opinion in Irizarry v. United States (06-7517), on whether a district court must provide a criminal defendant notice of the contemplated grounds for a sentence above the range recommended by the sentencing guidelines. The ruling below, which found for the government, is affirmed.

 

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

Thursday June 12, 2008 10:27 Brian Sagona
10:30
Ben Winograd: 
The Court has released the opinion in Munaf v. Geren (06-1666) and Geren v. Omar (07-394), on whether federal courts have jurisdiction over habeas claims of U.S. citizens detained by the U.S.-led coalition forces in Iraq. The ruling below, which found against the detainees, is vacated and remanded. However, the opinion states that federal courts may not exercise habeas jurisdiction to prevent the detainees transfer to Iraqi authorities.

 

The Chief Justice wrote the unanimous opinion. We will provide a link to the decision as soon as it is available.

Thursday June 12, 2008 10:30 Ben Winograd
10:31
Ben Winograd: 
Here is more from Lyle's report on the Guantanamo detainee case:

"The Court stressed that it was not ruling that the detainees are entitled to be released — that is, entitled to have writs issued to end their confinement. That issue, it said, is left to the District Court judges who will be hearing the challenges. The Court also said that 'we do not address whether the President has authority to detain” the individuals at the U.S. Naval base in Cuba; that, too, it said, is to be considered by the District judges.'"
Thursday June 12, 2008 10:31 Ben Winograd
10:32
Ben Winograd: 
Today's opinion by Justice Stevens in Irizarry v. United States (06-7517) is now available here.
Thursday June 12, 2008 10:32 Ben Winograd
10:35
Ben Winograd: 
Today's opinion by the Chief Justice in the consolidated cases of Munaf v. Geren (06-1666) and Geren v. Omar (07-394) is now available here.
Thursday June 12, 2008 10:35 Ben Winograd
10:36
Ben Winograd: 
No more opinions will be issued from the Court today.
Thursday June 12, 2008 10:36 Ben Winograd
10:41
Ben Winograd: 
To recap, the Court issued five opinions today, including a 5-4 decision against the government in the Guantanamo detainee cases. The opinion by Justice Kennedy in Boumediene v. Bush (06-1195) and Al-Odah v. United States (06-1196) is available here.

The opinion by Justice Ginsburg in Taylor v. Sturgell (07-371) is available here. The opinion by Justice Kennedy in Republic of the Philippines v. Pimentel (06-1204) is available here. The opinion by Justice Stevens in Irizarry v. United States (06-7517) is available here. The opinion by the Chief Justice in the consolidated cases of Munaf v. Geren (06-1666) and Geren v. Omar (07-394) is available here.

Thursday June 12, 2008 10:41 Ben Winograd
10:42
Ben Winograd: 
That concludes our LiveBlog coverage of today's public session. Thanks to all who joined us. For futher analysis of today's opinions, please visit our home page.
Thursday June 12, 2008 10:42 Ben Winograd
2:48



 
 
 
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