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).

Former NLRB chairman withdraws nomination

Robert J. Battista, the former chairman of the National Labor Relations Board, has asked President George W. Bush to withdraw his nomination to the board for another term. Batista is joining law firm Littler Mendelson, specializing in management and labor disputes.

Battista and other Republican members of the board came under fire from Congressional Democrats last year over a series of decisions the lawmakers said eroded the rights and protections of union members. Sen. Edward Kennedy, D-Mass., called the board’s GOP majority “the most anti-worker, anti-labor, anti-union board in its history.”

The terms of three of the board’s members expired at the beginning of the year, leaving the board to take the unusual step of declaring a two-person quorum so that the board could issue decisions with only two members. The Senate had yet to act on the nomination of Battista or the other two nominees - Democrat Dennis P. Walsh and Republican Gerard Morales - since Bush nominated them in late January.

White House spokeswoman Emily Lawrimore said yesterday: “It’s unfortunate that the country has lost another devoted public servant because the Senate failed to act on important nominations in a timely manner.”

Reacting to the withdrawal of Battista’s nomination today, Kennedy said: “Mr. Battista’s tenure on the Board made clear that he was not going to stand up for the nation’s workers.”

“I urge the President to send us a new nominee who will reverse the Board’s anti-worker, anti-union, anti-labor bias,” Kennedy said. “In these difficult economic times, it is more important than ever for employees to have a Board that protects their rights.”

Monday status conference: Cinco de Mayo edition

Justices from the nation’s highest court will convene in a conference on Thursday, lawmakers are busy trying to hammer out the farm bill and other matters (more on that below), and a brand-spanking new issue of Lawyers USA is out as you celebrate Cinco de Mayo today. Here are some highlights from this issue. Subscribers can click on the links for the full story.

Under the best of circumstances, divorce proceedings rarely are completely pleasant or smooth-sailing for a couple and their lawyers. But in an uncertain economy and shaky housing market, divorce is becoming increasingly complicated. More here.

Estate planning lawyers are finding that many prenuptial agreements for older couples contain costly omissions - about health care, nursing home costs and other “elder care” costs. More here.

A recent U.S. Supreme Court ruling addressing the definition of driving while intoxicated for purposes of federal sentencing is expected to have a broad impact on criminal cases, but also leaves open many questions, criminal lawyers say. More here.

Prepaid funeral plans may involve more risk than buyers realize. More here.

In other news and chatter:

Lawmakers want to hold hearings to investigate whether the practice of securities lawyers paying plaintiffs to file class action lawsuits happens at places other than Milberg Weiss. (BI)

Is the False Claims Act a legal gold rush for the tort bar? (WSJ Law Blog)

There will soon be a vacancy at the head of the Justice Department’s Criminal Division - giving Attorney General Michael Mukasey the opportunity to make a key appointment. (WaPo)

Many case-strapped states are releasing prisoners early in order to ease their budgets. (WaPo)

Lawmakers are working to come up with a veto-proof farm bill plan. (AP)

The IRS and FBI are investigating whether mortgage lenders ignored the signs that some borrowers were getting into subprime deals that would eventually overwhelm them - and the credit industry. (NYT)

Monday status conference

The Senate meets today, resuming debate on matters including the FAA Reauthorization Act, while House members get back to the office tomorrow. The Supreme Court will likely issue some opinions and may also grant some certs today, and we’ll keep you posted on that.

Meanwhile:

States including Texas and Mississippi already have scheduled executions after the Supreme Court’s decision in Baze v. Rees that the method used in lethal injection executions is not unconstitutional. But Ohio is moving much slower, meaning it could be months before death row in mates there - including an inmate who may become the first woman executed in the state in 54 years.
(WHIO/Columbus Dispatch)

Lawyers who represent suspects in terrorism-related investigations fear their clients are being secretly monitored by the U.S. government. (NYT)

Could nearly two-thirds of patent appeals judges have been unconstitutionally appointed? That is a question the U.S. Supreme Court is being asked to consider. (NLJ)

Former Washington D.C. city workers are claiming, in a federal lawsuit, that they and other employees were fired in violation of law that protect whistleblowers from retaliation. (WaPo)

Still haven’t gotten enough of Justice Antonin Scalia? Check out his interview with the ABA Journal, where he gives attorneys preparing to argue before him some tips. Here’s a hint: never use legislative history, and never answer a hypothetical with “that’s not my case.”
(ABA Journal)

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)

GOP lawmakers block equal pay bill

Legislation aimed at restarting the statute of limitations for equal pay claims with the issuance of each paycheck - legislation Justice Ruth Bader Ginsburg called for from the bench last year in her dissent in Ledbetter v. Goodyear Tire and Rubber - was blocked by Senate Republicans yesterday.

Despite a hard push by Health, Education, Labor and Pension Committee Chairman Sen. Edward Kennedy to get the once-stalled bill to the Senate floor and to get it passed, Republicans filibustered the measure, and lawmakers fell four votes short of the 60 voters needed to break the filibuster.

GOP lawmakers complained that the legislation, called the “Ledbetter Fair Pay Act,” would lead to flood of litigation. But some were also angry that the vote was delayed in order to allow presidential candidates and Sens. Hillary Clinton and Barack Obama to return to Washington from the campaign trail.

“Here we are, shut down on a Wednesday afternoon, no action in the Senate, in order to accommodate the Democratic candidates for president’s schedule,” Minority Leader Mitch McConnell of Kentucky said Wednesday, according to CNN.

Subscribers can find more background on the bill here from Lawyers USA.

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)