Some months back, Chief Judge Kozinksi ordered the Administrative Office of US Courts to submit the health-insurance election of a Ninth Circuit employee to the insurance carrier although the employee sought to cover her same-sex spouse; he construed the Defense of Marriage Act as capable of a construction that would permit that course, which was […]
Author Archive | John Elwood
Where is Citizens United?
Three new grants but no new opinions today from the Supreme Court. Of particular note, the Court is still ruminating on Citizens United, the election speech case argued back on September 9. It has now taken the Court longer to address the one as-applied challenge in Citizens United than it did to address the slew […]
A Tradition Of Unanimity For Debut Supreme Court Opinions?
Over at Faculty Lounge, Eric Muller has a post on Justice Sotomayor’s debut opinion in Mohawk Industries, Inc. v. Carpenter, noting Justice Thomas’s concurrence in part and in the judgment, and stating that “The Rehnquist Court tradition was to give a new Justice a unanimous opinion for his or her first assignment.” And he notes […]
So . . . Where Are The (Argued) Supreme Court Opinions? Part III
The Supreme Court released decisions in four argued cases today, the 64th day of the Term (thus tying OT2007 and OT1984 for the latest initial hand-down days of the postwar period, as outlined in my last two dull posts on the subject here and here). I am attempting to teach my son about the humor […]
So . . . Where Are The (Argued) Supreme Court Cases? Part Deux
The Court missed its hand-down opportunities this week (although the Justices favored us with another summary reversal on Monday, with Porter v. McCollum). Orders are expected Monday, and thus, as Roy Englert noted in the comment thread of my last post on this subject, it is probably out as a hand-down day for opinions in […]
Five New OLC Opinions
On the day before Thanksgiving, the Office of Legal Counsel posted five new opinions on its website that had been signed between one day (!) and eleven weeks earlier. This is further evidence that the Office is putting a premium on publishing its opinions roughly contemporaneous with their signing; that can be quite an administrative […]
So . . . Where Are The (Argued) Supreme Court Opinions?
As Thanksgiving draws near, I began wondering where the argued Supreme Court opinions are. Sure, we’ve had three per curiam summary reversals, but usually by this point in November, we’ve had at least an opinion or two released in an argued case. The next hand-down opportunity comes on November 30, and if we get an […]
The Perfect Lawyer — Herbert J. “Jack” Miller, 1924-2009
Herbert J. “Jack” Miller, the founder of my old firm (the much mourned Miller Cassidy Larroca & Lewin) died Saturday. He was 85. Jack had a career full of highlights any one of which would have been the capstone to a successful lawyer’s career: service as a Republican as head of the Criminal Division under […]
CVSG in Staub v. Proctor Hospital
The Court didn’t grant cert in any cases today. It did, however, call for the views of the Solicitor General in Staub v. Proctor Hospital, 09-400, a case presenting the question of the proper standard to employ in determining whether an employer can be held liable based on the unlawful intent of officials who influenced […]
Second OT2009 Opinion–PC in Capital Case
No Supreme Court opinions in argued cases yet, but we got a second per curiam in a non-argued case. The Court summarily reversed the Sixth Circuit (Merritt, Martin, Moore) in the case of David Bobby (I guess that’s Ricky’s brother), Warden v. Robert J. Van Hook, 09-144, a capital case presenting the question of the […]
Yesterday’s CVSG in San Francisco Health Care Case
Yesterday, the Supreme Court called for the views of the Solicitor General about a certiorari petition filed in Golden Gate Restaurant Association v. San Francisco, 08-1515, which presents the following question: Whether ERISA section 514(a), 29 U.S.C. § 1144(a), preempts local laws mandating ongoing employer contributions for employee health-benefits, or alternative payments to a local […]
Two More OLC Opinions Published:
I spent the weekend in idyllic Orkney Springs, VA. After I left on Friday, the Office of Legal Counsel released two more opinions, both concerning “Einstein 2.0,” which sounds a little like a kid movie sequel (“Beethoven’s 2d,” anyone?), but actually is a cybersecurity initiative used to protect civilian unclassified networks in the Executive Branch […]
Signing Statements–Sauce for the Goose:
There have been significant developments on the signing statements debate, although I’m unfortunately not in a position to blog them at the moment (I’m on Cape Cod, and my wife, who is preparing for trial upcoming shortly, has a superior claim on the laptop). As recounted in a Charlie Savage article this morning (which I […]
A Belated Presidential Signing Statement:
On Wednesday, June 24, President Obama
Pending OLC Opinion Request On Geithner’s Power To Supervise The TARP IG:
The Judiciary Act of 1789 authorizes the Attorney General to advise the President and executive agencies on questions of law. The Attorney General has delegated that responsibility to the Office of Legal Counsel. It is unusual, but not unprecedented, for people outside the government to learn of an OLC opinion request before advice is provided […]