Monday status conference: Decisions, decisions

This morning the U.S. Supreme Court will likely hand down decisions and orders - among the cases that have yet to be decided is the closely-watched Second Amendment challenge to DC’s handgun ban - and we’ll update any newsworthy developments here. The justices are set to meet again on Thursday. The House meets in a pro forma session today and lawmakers from both houses resume work tomorrow.

Meanwhile:

According to a memo obtained by the Washington Post, Office of Special Counsel chief Scott J. Bloch, whose home and office were raided by the FBI last week, repeatedly butted heads with top career staffers over which cases should be pursued by the principal office protecting federal whistle-blowers and policing partisan politicking in the federal workplace. (WaPo).

Supreme Court Justice John Paul Stevens says the euthanized Kentucky Derby horse Eight Belles probably died more humanely than death row prisoners do. (AP)

So far this term, the Court has avoided the plethora of 5-4 splits that defined the October 2006 term. (AP).

Emails containing racially derogatory banter exchanged by Secret Service agents were revealed in federal court in a lawsuit brought by black former agents alleging racially-motivated employment discrimination. (NYT)

President George W. Bush was in Crawford, Texas over the weekend on a covert family operation, if you haven’t heard. (WaPo)

Friday morning docket: The rescue plan edition

Congress is in session today, but it should be a quiet day on the Hill as no hearings or sessions are scheduled. Across the street at the Supreme Court, there may be some orders released following yesterday’s conference. Expect some opinions to be released next week. We’ll keep you posted on any developments.

Meanwhile,

Yesterday the Democratic-controlled House passed a housing rescue plan aimed at easing the subprime-fueled burden on homeowners. But President George W. Bush said he will veto the measure, saying prudent borrowers should not bail out those who bit off more debt than they could chew - and Congress may not have the votes to override the veto. (AP)

Congress’s compromise on the farm bill also won’t likely please President Bush. (AP)

Sen. Richard C. Shelby, who has links to the mortgage industry, also has more say over the Congressional housing rescue plan. And some are not too happy about that. (NYT)

Partners of Chinese women who were forced to have abortions are pressing the Supreme Court to make it easier to get asylum in the United States. (AP)

The House of Representatives yesterday passed a bill that will create a White House czar for intellectual property rights and also increase resources to fight bootleggers. (Variety)

The Senate Ethics Committee on Thursday dismissed a complaint against Sen. David Vitter, a suspected patron of a prostitution ring headed by a woman who killed herself last month. (Reuters)

Two lawsuits filed by former employees against Fidelity Investments are seeking to expand Sarbanes-Oxley. (Boston Globe).

Friday morning docket: Scalia speaks!

With oral arguments behind them, it’s crunch time for the justices of the Supreme Court, who still have many cases to decide before the term ends. They meet in conference today. And DC Dicta was remiss not to mention Justice John Paul Stevens’s birthday in last week’s docket. Stevens turned the spry young age of 88 last weekend. Only Justice Oliver Wendell Holmes graced the bench at an older age - he served until he was 90.

Meanwhile:

Are you still sore about the Supreme Court’s role in the 2000 presidential election? Justice Antonin Scalia has a message for you: “Get over it. It’s so old by now.” You can see his full “60 Minutes” interview with Lesley Stahl this Sunday, but here’s a preview:

The very last oral argument case this term involved the question of what happens in an age discrimination claim when the evidence offered by the employer and employee results in a tie for the factfinder. Well, it looks like the recusal of Justice Stephen Breyer could mean the Court itself could end up in a tie. (ABA Journal)

An invitation to Justice Clarence Thomas to speak at the commencement ceremony at the University of Georgia has sparked controversy. Some students and faculty called the invitation inappropriate given recent problems with claims of sexual harassment as the school. But the school’s president stands by his choice and the Atlanta Journal Constitution agrees. (U.S. News; AJC)

President Bush is less than thrilled with Democratic lawmakers’ housing relief plans. (AP)

The government’s plan to crack down on illegal workers could cost employers more than $1 billion a year and legal workers billions in lost wages, a study commissioned by the U.S. Chamber of Commerce says. (AP)

Monday status conference: The Supremes, one week only

This week, the Supreme Court will hear the last oral arguments of this term. See this post for more details. Updates on newsworthy decisions, orders or other news can be found here this afternoon.

In the meantime, here’s a peek at some of the stories in this week’s issue of Lawyers USA. Subscribers can click the links following each item to see the whole story:

A Colorado dairy and five of the nation’s biggest retailers have been hit with lawsuits alleging they mislabeled milk as organic so they could charge customers higher prices. The milk fight is being closely watched in the organic food industry as a harbinger of potentially costly legal battles for the hearts and wallets of organic food shoppers. More here.

As a wide-ranging debate about immigration policy continues to rage in the U.S., new data from the EEOC suggest that complaints against employers over “English Only” workplace policies may be on the upswing. More here.

Some lawyers don’t just take work on vacation - they take their colleagues too. Here’s the story of one firm whose partners vacationed together with their families, often going to exotic parts of the world, partly for the pure fun of it and partly as a way to develop a deeper relationship as business partners. More here.

Meanwhile, in other legal news from inside the Beltway:

The patent bill appears to be all but dead. (WSJ)

Lobbyists are finding ways to get around the new ethics law. (NYT)

While Congress continues to debate a permanent measure, President Bush signed a one-week extension of current farm law. (AP)

The Justice Department is taking heat for strategy that may prevent attacks but rarely brings convictions. (WaPo)

Friday Morning Docket: Court readies to hear last arguments of term

The warm days make it feel almost like summer, but school’s not out yet for lawmakers in Congress, who will have a busy week next week taking up legislation including the bill that would restart the statute of limitations for equal pay claims with the issuance of each paycheck - a bill that responds to the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co.

The justices of the Supreme Court will hold a conference today, and I’ll post updates about any newsworthy orders that may emerge this afternoon.

Meanwhile, next week the Court holds its last week of oral arguments this term.

The week kicks off with arguments in Sprint Communications v. APCC Services Monday morning, a case considering whether a plaintiff assigned the right to pursue a legal claim has established standing under Article III, even though the plaintiff will not recover any judgment.

Then the Court will hear attorneys in Engquist v. Oregon Department of Agriculture, which considers whether the decision in Village of Willowbrook v. Olech allows so-called “class of one” equal protection claims against government bodies in the context of employment discrimination.

Tuesday the Court will hear Davis v. Federal Election Commission, a case seeking to determine whether the Millionaire’s Amendment to the 2002 campaign finance law, which raises the contribution limit for those running against a self-financed candidate, violate free speech clause of the First Amendment and the equal protection principle of the Fifth Amendment.

Then in Giles v. California, the Court will hear arguments on whether, under the Confrontation Clause, a defendant who admitted killing his ex-girlfriend forfeit his right to confront her about her statements on a previous domestic incident.

On Wednesday, in Metlife v. Glenn, the Court considers whether insurance carriers have the right to represent to a court that an individual is disabled when the insurance carrier separately determines for other purposes that the individual is in fact not disabled.

And finally, the Court will hear arguments in Meacham v. Knolls Atomic Power Lab, the Court will consider whether the burden of proving whether the reasonableness of adverse employment decisions occurring as part of a claim for age discrimination under the federal Age Discrimination in Employment Act rests with the employee or the employer.

Meanwhile,

Even as he voted in support of keeping Kentucky’s lethal injection death penalty method, Justice John Paul Stevens renounced capital punishment, The New York Times’ Linda Greenhouse wrote. (NYT)

President Bush is pushing for a national goal of halting the growth of U.S. greenhouse gas emissions by 2025 - a voluntary target - mostly by curbing power plant pollution. (WaPo)

The head of the union that represents 6,000 federal food inspectors told a congressional committee Thursday that the Agriculture Department tried to intimidate him and other employees who reported violations of regulations, an allegation denied by the agency. (AP)

Monday status conference: The Pope and the tax man cometh

This week, as countless Americans rush to get their tax returns (or extensions, at least) filed by tomorrow night’s deadline, President George W. Bush is preparing to fete Pope Benedict XVI on his first visit to the U.S. The president will even greet the leader of the Catholic Church at the airport Tuesday - something no other president has ever done.

Oral arguments resume this week at the U.S. Supreme Court. Check this earlier post for summaries of the cases before the justices this week. Also the Court may release some grants of certiorari and other orders today, so stay tuned for any newsworthy developments.

Meanwhile:

It’s hard out here for Alberto: Former Attorney General Gonzales is having a tough time finding a job, sources tell the New York Times. (NYT, via ABA Journal)

Speaking of taxes, if you are dying to know, President Bush and his wife paid $221,635 in federal taxes on an adjusted gross income of $923,807 for the year 2007. (AP).

The White House, Congress and federal agencies have all come up with plans they say will help stem the housing crisis. Now the presidential candidates are weighing in as well. (AP)

Meanwhile, world economic leaders say that the food crises is a far bigger problem than the credit crisis. (NYT)

Begging Bush’s pardon

President George W. Bush granted 15 pardons yesterday, bringing the total reprieves issued during his two terms to 157.

Unless he goes on a pardon-granting spree in the last few months of his administration, he is on track to grant roughly half the number of pardons granted during the Reagan or Clinton administrations.

For a list of those who were pardoned by the president, click here.

Monday status conference: Everyone is Irish today

Good morning, and Happy St.Patrick’s Day. You may add an O’ to the beginning of your surname today.

Congress is not in session, as lawmakers spend the next two weeks working from their home districts. The Supreme Court is in session, and oral arguments are underway (check this post for a summary of what is on tap). The Court has already released some cert grants (see below) and expect some decisions this week as well.

Tomorrow the justices will hear arguments in one of the most anticipated cases of the term, which may decide whether handgun bans like the one in Washington, D.C. a run afoul of the Second Amendment. The Washington Post has a preview here, and The New York Times takes a look at the rift the case has caused within the Bush administration. DC Dicta will be at the Court tomorrow and will bring you the highlights afterwards.

Meanwhile,

This morning the U.S. Supreme Court added eight cases to its docket, granting certs in cases that will consider, among other things, whether the FCC’s rules banning fleeting curse words on airways violate the First Amendment, and whether prosecutors can use crime lab reports as evidence without having the forensic analyst who prepared them testify at trial. (AP) Here is a summary of all of today’s cert grants on SCOTUSBlog.

Congress may be ready to move the give the FDA more resources to police contaminated drugs from overseas. (NYT)

While most lawmakers went home this week, Sen. John McCain is in Iraq, and Sens. Hillary Clinton and Barack Obama are on the seemingly unending campaign trail. (Bloomberg, AP)

President Bush tries to alleviate fears by assuring Americans that the White House “is on top of” the economic situation. (AP)

End to DOJ nominee stalemate?

Could an end to the stalemate between President Bush and Congress over Justice Department appointees be near?

That’s what some folks are saying after yesterday’s confirmation of Chicago federal judge Mark R. Filip as Attorney General Michael Mukasey’s second-in-command at the DoJ.

Apparently the confirmation of Filip - whose nomination had once been put on hold by Sen. Dick Durbin over Mukasey’s refusal to label waterboarding as torture - came after White House Chief of Staff Josh Bolten had a chat with Senate Majority Leader Harry Reid, a Senate aide told the Associated Press on the condition of anonymity.

White House spokeswoman Emily Lawrimore said the two sides reached an understanding to work on a procedural change that might clear the way for stalled nominations.

“We look forward to working constructively with the Senate majority leader to ensure that all Republican and Democratic nominees receive fair consideration and swift confirmation,” she said.

Several Justice posts have remained vacant since former Attorney General Alberto Gonzales resigned amid controversy over nine fired U.S. attorneys.

In other news: Sox and subprime

The pause in the busy oral argument schedule at the Supreme Court gives DC Dicta a chance to catch up on news from across the street at the Capitol, and from across town at the White House. As a member of Red Sox Nation (it’s ok, we root for the Nats too!) the appearance by Big Papi, Jason Varitek and the rest of the World Champion team at the White House was the big news of the week for us. But there is actual legal news to get to as well:

After advisors to President Bush on Tuesday urged the veto of a bill aimed at curbing the subprime-fueled mortgage meltdown by changing bankruptcy law, Senate Majority Leader Harry Reid urged Bush to work with Democratic lawmakers to pass the “The Foreclosure Prevention Act.”

The proposed bankruptcy law change in the bill has drawn opposition not only from the White House, but also the banking industry, which has lobbied Congress hard to drop the language.

But in a letter to the president regarding the advisors’ opinion, Reid urged Bush to “to reject their advice and work with us to enact legislation that will address the housing crisis facing millions of American families.”

Addressing the bankruptcy law provision, Reid wrote:

“We understand your advisors specifically expressed concern about Title IV of the bill, which would change federal bankruptcy law to allow judges to modify mortgages on primary residences. Current law allows bankruptcy judges to assist individuals who are unable to fully meet almost any type of obligation - including loans for luxury yachts or vacation homes - yet it prohibits similar assistance for those struggling to stay in their own homes. That makes no sense, particularly during an economic crisis that avoiding foreclosures could help mitigate.”

Earlier in the day, at an event with other Senate Democrats and civil rights leaders to discuss the impact of the mortgage crisis on African American communities, Reid also pushed for passage of the bill, and blamed Republicans for stalling it. “Democrats are committed to addressing the housing crisis and to helping families threatened with foreclosure stay in their homes - it is the right thing to do for struggling homeowners and the right thing to keep communities afloat,” Reid said. “We are asking for Republicans to work with us.”