Some SCOTUS Predictions: At Sentencing Law and Policy Doug Berman offers mid-term reflections on SCOTUS' 2008-2009 term. Berman observes that the Court has kept a lower profile this year, with few cases like Baze or Heller, and has quickly decided criminal cases involving circuit splits. He also predicts that sentencing issues will continue to get the same defendant friendly treatment they received in Spears and Nelson. Aside from setencing and criminal law, Berman predicts the new administration will be asking the Court to take up some more constitutional issues and is expecting to see some Second Amendment action post-Heller.
"Kumbaya Day at the Supreme Court": Tony Mauro reports for Blog of the Legal Times that yesterday was a rare "kumbaya day" when the Court handed down five unanimous decisions. Mauro reports that of the cases decided this term, "[t]he last eight decisions of the Court have been without dissents. Ten of the 15 signed opinions issued so far this term have been unanimous. Four have been split 5-4 decisions, and one came out 6-3." It remains to be seen if the rest of the term will reflect the same consensus, as most controversial decisions don't get released until late in the term, but, Chief Justice Roberts' mission of consensus appears to have taken hold this term.
Eleventh Circuit Decides Pledge of Allegiance Case: The Wall Street Journal Blog has a post from Nathan Koppel discussing yesterday's Eleventh Circuit's decision in Frazier v. Winn. On Monday, the Eleventh Circuit declined to review en banc last year's panel decision that some high schoolers must recite the pledge of allegiance, unless they get special dispensation from their parents. In 2008, the panel stated: "The State, in restricting the student's freedom of speech, advances the protection of the constitutional rights of parents: an interest which the State may lawfully protect." The lone dissent yesterday came from Judge Rosemary Barkett, who said that states can not compel minors to recite the pledge. In his post, Koppel wonders, "[f]rom what part of the great document does the 'constitutional right of parents' derive?"
"Kumbaya Day at the Supreme Court": Tony Mauro reports for Blog of the Legal Times that yesterday was a rare "kumbaya day" when the Court handed down five unanimous decisions. Mauro reports that of the cases decided this term, "[t]he last eight decisions of the Court have been without dissents. Ten of the 15 signed opinions issued so far this term have been unanimous. Four have been split 5-4 decisions, and one came out 6-3." It remains to be seen if the rest of the term will reflect the same consensus, as most controversial decisions don't get released until late in the term, but, Chief Justice Roberts' mission of consensus appears to have taken hold this term.
Eleventh Circuit Decides Pledge of Allegiance Case: The Wall Street Journal Blog has a post from Nathan Koppel discussing yesterday's Eleventh Circuit's decision in Frazier v. Winn. On Monday, the Eleventh Circuit declined to review en banc last year's panel decision that some high schoolers must recite the pledge of allegiance, unless they get special dispensation from their parents. In 2008, the panel stated: "The State, in restricting the student's freedom of speech, advances the protection of the constitutional rights of parents: an interest which the State may lawfully protect." The lone dissent yesterday came from Judge Rosemary Barkett, who said that states can not compel minors to recite the pledge. In his post, Koppel wonders, "[f]rom what part of the great document does the 'constitutional right of parents' derive?"
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