Supreme Court Orders and Opinions | 6.23.08(06/23/2008) 
9:52
Ben Winograd: 
Welcome, readers, to SCOTUSblog’s “live” coverage of the Court’s public session of Monday, June 23. The session is scheduled to begin at 10 a.m. Eastern.  

Monday June 23, 2008 9:52 Ben Winograd
9:53
Ben Winograd: 
In advance of issuing opinions, the Court will release orders from the Justices’ private conference last Thursday. Because the LiveBlog automatically updates, users do not need to refresh their browsers to receive the latest developments.

Monday June 23, 2008 9:53 Ben Winograd
9:53
Ben Winograd: 
There are ten outstanding cases left to be decided. If the Court does not issue opinions today in all remaining cases, other opinion days will be scheduled this week, likely Wednesday and Thursday.
Monday June 23, 2008 9:53 Ben Winograd
9:54
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.

Monday June 23, 2008 9:54 Ben Winograd
10:04
Ben Winograd: 
The Court granted certiorari this morning in the following 7 cases:

 

Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications (07-512), where the Ninth Circuit held the Sherman Antitrust Act permits “price squeeze” claims against companies with no duty to sell to others at wholesale (filings available here).

 

AT&T Corp. v. Hulteen (07-543), where the Ninth Circuit held employers violate Title VII by failing to grant employees service credit in determining pension benefits for pregnancy-related leave taken before passage of the Pregnancy Discrimination Act (filings available here).

 

Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi (07-615), where the Ninth Circuit held the brother of a man allegedly killed by Iranian agents can, to claim his award, garnish a separate judgment Iran obtained against a U.S. military contractor for breach of contract (filings available here).

 

Cone v. Bell (07-1114), where the Sixth Circuit found a habeas petitioner procedurally defaulted his claim by presenting it twice to state courts and that it was powerless to recognize a state court error in denying review of a claim (filings available here).

 

Winter, et al. v. Natural Resources Defense Council, Inc., et al. (07-1239), where the Ninth Circuit upheld an injunction against the Navy’s use of mid-frequency sonar during certain training exercises for failure to conduct an environmental impact statement (filings available here).

 

Harbison v. Bell (07-8521), where the Sixth Circuit ruled federal law does not entitle capital prisoners sentenced under state law the right to federally appointed and funded counsel to pursue clemency under state law (filings available here).

 

Arizona v. Johnson (07-1122), where an Arizona appellate court held police officers could not conduct pat-down searches of car passengers during traffic stops for minor infractions if they believe the passenger to be armed and dangerous but have not reasonable grounds to believe they had committed a crime (filings available here).

Monday June 23, 2008 10:04 Ben Winograd
10:04
Brian Sagona: 

The Court has released the opinion in Sprint Communications v. APCC Services (07-552), on whether the assignment of a claim “for purposes of collection” confers standing on an assignee that litigates only “on behalf of” the assignors. The ruling below, which found for the assignee, is affirmed.

 

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

Monday June 23, 2008 10:04 Brian Sagona
10:05
Ben Winograd: 
A copy of today's orders list is now available here.
Monday June 23, 2008 10:05 Ben Winograd
10:07
Brian Sagona: 

The Court has released the opinion in Greenlaw v. United States (07-330), on whether a federal court of appeals may increase a criminal defendant’s sentence in the absence of a cross-appeal by the government.   The ruling below, which increased the defendant’s sentence, is vacated and remanded.

 

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

Monday June 23, 2008 10:07 Brian Sagona
10:09
Ben Winograd: 
Today's opinion by Justice Ginsburg in Greenlaw v. United States (07-330) is now available here.
Monday June 23, 2008 10:09 Ben Winograd
10:10
Ben Winograd: 
The Court has released the opinion in Rothgery v. Gillespie County (07-440), on the point at which adversarial proceedings have been initiated against an individual for purposes of triggering his Sixth Amendment right to appointed counsel. The ruling below, which found for the state, is vacated and remanded.

 

Justice Souter wrote the opinion. The Chief Justice and Justice Alito wrote concurring opinions. Justice Thomas dissented. We will provide a link to the decision as soon as it is available.

Monday June 23, 2008 10:10 Ben Winograd
10:11
Ben Winograd: 
Rothgery is the last opinion of the day.
Monday June 23, 2008 10:11 Ben Winograd
10:12
Ben Winograd: 
Today's opinion by Justice Breyer in Sprint Communications v. APCC Services (07-552) is now available here.
Monday June 23, 2008 10:12 Ben Winograd
10:12
Tom Goldstein: 
The only opinion remaining from the March sitting is Heller.   The only Justice without a majority opinion from that sitting is Justice Scalia.
Monday June 23, 2008 10:12 Tom Goldstein
10:14
Tom Goldstein: 
The Court has announced that it will release opinions against at 10am Wednesday.   Because seven opinions remain, it will almost certainly have one additional day.   Based on past practice, that day likely will be Thursday.
Monday June 23, 2008 10:14 Tom Goldstein
10:15
Ben Winograd: 
Today's opinion by Justice Souter in Rothgery v. Gillespie County (07-440) is now available here.
Monday June 23, 2008 10:15 Ben Winograd
10:17
Jason Harrow: 
For readers wanting an overview of what to expect this week at Court, including details about opinion authorship, see this SCOTUSblog post from Thursday.
Monday June 23, 2008 10:17 Jason Harrow
10:20
Ben Winograd: 
To recap, the Court issued opinions in three cases today and granted certiorari in seven cases for next term.

 

Today's opinion by Justice Souter in Rothgery v. Gillespie County (07-440) is now available here.

Today's opinion by Justice Ginsburg in Greenlaw v. United States (07-330) is now available here.

 

Today's opinion by Justice Breyer in Sprint Communications v. APCC Services (07-552) is now available here.

 

The Court also granted certiorari in the following cases:

Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications (07-512) (filings available here).

AT&T Corp. v. Hulteen (07-543) (filings available here).

Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi (07-615) (filings available here).

Cone v. Bell (07-1114) (filings available here).

Arizona v. Johnson (07-1122) (filings available shortly).

Winter, et al. v. Natural Resources Defense Council, Inc., et al. (07-1239) (filings available here).

Harbison v. Bell (07-8521) (filings available here).

Monday June 23, 2008 10:20 Ben Winograd
10:23
Ben Winograd: 
This concludes today's LiveBlog. Please join us again on Wednesday at 10 a.m. for the Court's next public session and on any additional opinion days the Court schedules before the end of the term.

For more coverage of this morning's develoments throughout the day, visit us at www.scotusblog.com.
Monday June 23, 2008 10:23 Ben Winograd
10:42



 
 
 
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