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Articles posted in the Cockle Blog are for informational purposes only. Nothing in the Cockle Blog should be taken for legal advice. In fact, Cockle Blog articles are not a substitute for proper legal research conducted by licensed attorneys.
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Court News for the First Week of March
It was another hectic week at the Court, starting with an order in Kiyemba v. Obama, No 08-1234, where the Court remanded “in light of new developments.” One of those developments was the fact that all seven petitioners were offered settlements in other countries.
On Monday, the Court granted certiorari in Michigan v. Bryant, No. 09-150, a case calling for further development on what constitutes a “testimonial” statement under the Confrontation Clause. The Court addressed the reach of testimonial statements last Term in Melendez-Diaz v. Massachusetts, No. 07-591, and upheld that decision in a one-page order this January in Briscoe v. Virginia, No. 07-11191.
Tuesday saw the Court hand down three decisions. In Reed Elsevier v. Muchnick No. 08-103, the Court held that the failure of a copyright holder to possess registration does not prevent federal court subject matter jurisdiction to decide infringement claims over works that are not registered. The Court, in Johnson v. United States, No. 08-6925, ruled that a “violent felony” under the Armed Career Criminal Act means a crime requiring the use of physical force. In Mac’s Shell Service, Inc. v. Shell Oil Products Company; Shell Oil Products Company v. Mac’s Shell Service, Nos. 08-240; 08-372, the Court limited the rights of franchise holders to file an action after a franchise agreement’s termination.
This week oral arguments were conducted in two closely watched cases of the Term. The Justices heard argument on Monday in Skilling v. United States, No. 08-1394. Skilling presents the Court with two issues: 1) what kind of trial court measures should be taken where negative pre-trial publicity pollutes the jury pool; and 2) whether the honest services wire fraud statute is unconstitutional. SCOTUS Blog provided excellent coverage of the Skilling argument.
What some have labeled the biggest case of the Term was argued on Tuesday. The Court heard argument on whether the Second Amendment right to bear arms applies to the states in McDonald et al., v. Chicago, et al., No. 08-1521. (Note: both the petition and petitioner’s merits brief were printed at Cockle). The mainstream media covered McDonald heavily, including pieces in the Washington Post, New York Times, L.A. Times, Wall Street Journal, and NPR. Lyle Denniston of SCOTUS Blog also had an illuminating post on the McDonald argument.
The Court conferences today to decide the fate of numerous cert petitions. The Court’s orders will most likely be released Monday of next week.