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

The Senate is in session today, and items on its agenda include a hearing on the nation’s employment situation. The House is out, and the Supreme Court is set to conference again next week. Meanwhile:

Congress has passed legislation that would prohibit employees who discover they are genetically susceptible to diseases from losing their jobs or being denied health insurance. (Lawyers USA)

Facing prison for running an area call-girl ring, Deborah Palfrey - known as the “D.C. Madam” - apparently hanged herself. (WaPo)

The Federal Reserve and two other banking regulators are set to unveil today one of the most aggressive efforts in decades to crack down on the credit card industry, prohibiting practices such as arbitrarily raising interest rates on outstanding balances. (WaPo)

The House Financial Services Committee pushed forward on Thursday with an aggressive effort to help troubled homeowners, approving legislation that would make up to $300 billion in federally insured loans available to refinance the mortgages of borrowers in danger of foreclosure. (NYT)

For the first time in 30 years, the Environmental Protection Agency has proposed a new limit for lead concentrations in the air. (NYT)

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)

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)

Friday morning docket: The not-so friendly skies edition

As airline cancellations and bankruptcy filings continue to mount this week, Congress s taking another look at whether passing a passengers’ bill of rights is needed. Here is a look at what else is on the legal news agenda in Congress, the White House and the Supreme Court.

The U.S. Supreme Court returns today for a private conference. If any newsworthy orders are released, will let you know here. Next week the Court resumes oral arguments.

On Monday the Court will hear oral arguments in Plains Commerce Bank v. Long Family Land & Cattle, the Court will consider the subject-matter jurisdiction limits of Indian tribunal courts in contractual disputers between member and non-member corporations.

In Bridge v. Phoenix Bond & Indemnity, the Court will hear arguments over whether RICO lawsuits can be brought against defendants who made false statements to a neutral third party.

Tuesday the Court hears argument in Greenlaw v. United States, which considers whether federal appellate courts have the ability to raise the sentence of a criminal defendant without the request of prosecutors.

Then in Irizarry v. United States, the justices will consider whether courts must give advance notice to the parties before imposing a sentence outside federal sentencing guidelines.

Wednesday arguments kick off with Kennedy v. Louisiana, which considers whether the death penalty for child rape convictions constitutes cruel and unusual punishment.

Then in Taylor v. Sturgell, the justices will hear arguments over whether the dismissal of the Freedom of Information Act claim bar another individual from filing a similar claim.

Meanwhile:

The Senate approved a housing relief package that will give tax breaks for home builders and other businesses. (NYT)

Attorney General Michael Mukasey, testifying before the Senate Appropriations Committee, distanced himself from a Justice Department memorandum suggesting that post-Sept. 11 military searches on U.S. soil were not subject to Fourth Amendment protections. (NYT)

Lawyers for the Democratic-led House Judiciary Committee told a federal judge that the refusal by White House Chief of Staff Josh Bolten and former counsel Harriet Miers to provide information to Congress about fired federal prosecutors represents the most expansive view of executive privilege since Watergate. (AP)

President Bush’s approval ratings continue to sink lower. (AP)

Friday morning docket: the ‘Dream’ edition

As the nation, including Congress, reflects on the legacy of Dr. Martin Luther King, who was assassinated hours after giving his groundbreaking “I Have a Dream” “I’ve Been to the Mountain Top” speech 40 years ago today, here is a look at legal news inside the Beltway and beyond:

Republicans and business-friendly Democrats on Thursday scuttled a plan to give people threatened with losing their homes more leverage in winning favorable loan terms from their lenders in bankruptcy courts. (AP) Meanwhile, the Senate also dropped an amendment to a housing market rescue bill that would have given bankruptcy judges the power to ease mortgage payment terms for some distressed borrowers. (Reuters).

Supreme Court Justice Anthony M. Kennedy on Thursday turned aside a plea by California officials, and cleared the way for the release of a state prison inmate who was convicted of a 1982 murder in Los Angeles. (SCOTUSBlog)

Philip Morris USA and other cigarette makers won a decision blocking an $800 billion racketeering class-action lawsuit filed on behalf of smokers of “light” cigarettes in the U.S. (Bloomberg)

Senate Judiciary Committee Republicans launched an attack Thursday against the slow pace of approving appellate court nominations, warning that they were contemplating more drastic measures, including a possible chamber shutdown. (CQ Politics)

The Senate will take up the Patent Reform Act as early as next week. The bill will arrive on the heels of a court decision this week that struck down new rules the US Patent and Trademark Office proposed to cope with a historic flood of patent applications. (EE Times)

The Justice Department’s inspector general is investigating whether a career attorney in the department was dismissed from her job because of rumors that she is a lesbian. (NPR)

Friday morning docket: Pay ball!

Next week Congress returns from a two week homestand. Today, justices of the U.S. Supreme Court will conference privately, and may release some orders (we’ll keep you posted). Meanwhile Sunday is inauguration night - for the Washington Nationals, who play their first game in their shiny new stadium.

Other news inside the Beltway:

The Supreme Court heard oral arguments this week in a case considering whether defendants deemed mentally competent enough to stand trial should also be deemed competent enough to represent themselves. (WaPo)

Justice Antonin Scalia thinks the media - including The New York Times - get it wrong. (AP).

The first official estimate of the total number of convicts eligible for deportation indicates it would cost at least $2 billion a year to find and deport all of them. (NYT)

The chief and several staffers from the EPA planned a tao-week trip to Australia - and members of Congress are not too happy about that. (AP)

Maryland Congressman Albert Wynn, who lost a primary reelection bid last month, will step down before his term ends to go back to practicing law. He’ll leave congress in June to become a partner at Washington firm Dickstein Shapiro. (AP via CBS News)

Senator Christopher Dodd said the banking committee he chairs will hold a public hearing into the controversial takeover of troubled investment bank Bear Stearns Thursday. (AFP)

Meanwhile the Federal Reserve said it would hold public meetings next month on the offer by Bank of America to acquire Countrywide Financial. (NYT)

Answering critics who say politics interferes with Justice Department investigations and prosecutions, Attorney General Michael Mukasey said Thursday that the department will crack down on crooked politicians and public officials. “The investigation and prosecution of public corruption [is] among the highest obligations of law enforcement, and it should come as no surprise that I consider it to be one of the top priorities of the Department of Justice,” Mukasey said. (AP)

Friday morning docket: March Madness edition

Good morning. As you check your brackets (who picked Belmont?), here’s a look around Washington:

Congressional lawmakers are still in their home districts (with a few in more exotic locations, like India, in the case of House Speaker Nancy Pelosi). The Supreme Court is in the middle of March oral arguments.

Monday brings the first afternoon oral argument session of the term, with the Court hearing three cases:

In Burgess v. United States, the Court will consider when a federal law hiking the minimum mandatory sentence for a drug distribution charge is triggered.

In United States v. Clintwood Elkhorn Mining, the Court will hear arguments on whether taxpayer refund claims under the Tucker Act, which has a six-year statute of limitations, are preempted by the United States Tax Code, which has a three-year statute of limitations.

In the afternoon Monday, the Court considers whether the Voting Rights Act of 1965 requires Alabama to pre-clear two state court decisions invalidating state and local laws creating a special election for local officials in Riley v. Kennedy.

Tuesday, Attorney General Michael Mukasey will argue the government’s case to the justices in United States v. Ressam.

The Court will also hear whether U.S. courts have jurisdiction to hear habeas corpus petitions brought on behalf of U.S. citizens detained overseas by American military authorities in Munaf v. Geren.

Wednesday, the Court hears arguments in Indiana v. Edwards, asking whether a criminal defendant need only be “literate, competent, and understanding” to invoke his Sixth Amendment right to self-representation.

And in Florida Department of Revenue v. Piccadilly Cafeterias, the Court will hear whether the Bankruptcy Code prohibits states from imposing taxes on pre-confirmation asset sales that are essential to the completion of a reorganization plan.

(Summaries from the folks at the Oyez Project)

Meanwhile,

Scooter Libby got disbarred. (WaPo).

The chairman of the House Financial Services Committee said Wednesday he will push for stricter federal regulation of investment banks (AP).

The White House says the reason President Bush’s popularity rating is so low is because he’s doing a good job. (AP)

The Bush Administration has announced that up to 10 states will be able to use alternative standards under the federal No Child Left Behind law. The administration said the move is meant to help struggling students, but critics of the law said it is evidence that it is simply not working. (AP)

Friday morning docket, Pre-St. Patty’s Day edition

Top o’ the morning to ya. As you make weekend plans that may or may not involve green beer (or a green river, if you live in Chicago), here’s a look at what’s happening in Washington:

The Supreme Court justices gather today for a private conference. We’ll let you know if they had down any newsworthy orders.

Meanwhile, oral arguments resume at the Court next week, including the much anticipated arguments Tuesday in D.C. v. Heller, 07-290, where attorneys representing the District of Columbia, a D.C. resident, and the Department of Justice will make their case about whether the Second Amendment allows for a ban on handguns. If the drama in the court on Tuesday is anything like the behind-the-scenes theatre in the case, it will make for good viewing.

Other cases on the oral argument calendar next week:

On Monday, the Court will hear Philippines v. Pimentel, 06-1204, considering whether the award of assets to creditors of former Philippine President Ferdinand Marcos was proper when the Philippine government, claiming rightful ownership of the assets, excluded itself from the proceedings based on sovereign immunity. The court also will then hear arguments in Rothgery v. Gillespie County, 07-440, considering whether the right to counsel under the Sixth Amendment is implicated when a defendant was denied counsel at the time of his initial hearing for being a felon in possession of a firearm but the hearing was conducted without the involvement of a prosecutor.

Wednesday, the Court will hear arguments in Richlin Security Service v. Chertoff, 06-1717, a case considering whether, under the Equal Access to Justice Act, a prevailing party may be awarded attorney fees for paralegal services at the market rate for such services or if the Act limits reimbursement for paralegal services to cost only. Then arguments will be heard in Chamber of Commerce v. Brown, 06-939, which asks whether National Labor Relations Act, which states that companies’ anti-labor speech can only be considered unfair labor practice if it threatens or coerces workers, preempt state laws prohibiting the use of state funds to “assist, promote, or deter union organizing,” even if the public funds are transparently segregated.

Meanwhile,

Supreme Court Justices Anthony Kennedy and Clarence Thomas tell lawmakers the federal judiciary needs cash, not cameras. (AP)

Retired Supreme Court Justice Sandra Day O’Connor and Secretary of State Condoleezza Rice said women around the globe lack access to justice systems. (Lawyers USA)

Congress passes a budget. (AFP)

The White House unveils a plan to stop the credit crisis. (NYT)

Friday morning docket: Spring forward edition

It’s chilly in Washington this morning, but the days will feel longer after we turn the clocks forward this weekend (don’t forget - unless you live in Arizona or Hawaii). While we wait for the cherry blossoms, here’s a legal news wrap up:

The Supreme Court was out this week, but lawmakers on Capitol Hill have been busy.

Lawmakers want to know why CEOs of some mortgage lending companies are being paid so much at a time when their companies are losing money in the mortgage crisis. (AP)

Meanwhile, as federal regulators take a closer look at some mortgage lenders, mortgage lenders are looking for ways to raise some cash. (WSJ).

Responding to the recent scare over lead-laced products in the hands of children, the Senate passed a bill aimed at boosting safety inspections of toys from overseas. (WaPo)

The Senate Finance Committee on Thursday voted unanimously to approve Douglas H. Shulman to be the next IRS commissioner. (AP)

Do several letters sent to members of Congress have some link to this week’s bomb blast in Times Square? (WaPo).

The EEOC sees a big boost in job discrimination complaints. (AP)