A very big day for the Supreme Court. In Morse v. Fredrick, the Court ruled that a school could suspend a child for holding up a "Bong HiTs for Jesus" banner. (Previous post here). In Hein v. Freedom from Religion, the Court held that taxpayers lacked standing to challenged Faith Based Initiatives (previous discussions). In Wilke v. Robbins, the Court held that land owners do not have Bivens claims if the federal government harasses landowners for easements. In FEC v. Wisconsin Right to Life, the Court held that the portion of the campaign finance law which had blackout periods before elections on issue advocacy advertising was an unconstitutional restriction of speech (other). This Thursday, the Justices will deliver their last opinions of the term, including a death penalty case and the school assignment cases. (Opinions are .pdfs)
posted on Jun 25, 2007 - View this thread

Proposed Federal Rule of Appellate Procedure 32.1. Proposed Rule 32.1 [.pdf] is an attempt to resolve a dispute in federal court practice over the propriety of citations to unpublished opinions. It is an argument that has been played out in academic papers and Circuit Courts. Judge Richard Arnold of the 8th Circuit, writing for the majority, held that local rules which declare that unpublished opinions are not precedent are unconstitutional under Article III. Anastasoff v. United States, 223 F.3d 898, 900(8th Cir. 2000), vacated as moot on reh'g en banc, 235 F.3d 1054 (8th Cir.2000). Judge Alex Kozinski of the 9th Circuit disagreed, holding that nonprecedential decisions are not inconsistent with the exercise of the judicial power. Hart v. Massanari, 226 F.3d 1155, 1163 (9th Cir. 2001). The proposed Rule would resolve the circuit split, but the debate rages on.
posted on Feb 13, 2006 - View this thread