Certiorari Granted in Detainee Case:  Kent noted earlier today that the U.S. Supreme Court has granted certiorari in the detainee case, Kiyemba, et al. v. Obama, et al. (08-1234).  SCOTUSblog's Lyle Denniston has been providing updates on the case for several months, and now that cert has been granted, Denniston has posted an analysis of the case.  Kiyemba addresses whether federal judges have authority to order the transfer of a Guantanamo detainee into the U.S. mainland, something that the Obama administration has tried to control as it takes steps toward closing its facilities at Guantanamo Bay.  Denniston believes that with the Court entering the debate, what was a matter of policy choice, domestic and foreign, could now be a matter of what the Constitution will permit. He does not believe this is something that the Administration wanted to see happen, and near the end of his post, wonders whether the government move the case beyond the Court's reach, and "moot" the constitutional question, by finding a place where the 13 Uighurs can be re-settled.  Tony Mauro also reports on the Supreme Court's grants for The Blog of Legal Times.  His report contains information on Kiyemba, and the Court's denial of cert in the drunk driving case Virginia v. Harris (08-1385).  Chief Justice Roberts apparently dissented from the Court's denial.  The Chief Justice would have taken the case because he believes it addresses "an important question that is not answered by our past decisions, and that has deeply divided federal and state courts."

Federal Judge Stays Another Execution:  Doug Berman posts on Sentencing Law and Policy news of a federal judge's decision to stay the December 8th execution of Kenneth Brios.  Berman writes that this "stay means Ohio executions [are] almost certain not to resume until at least 2010."  Berman also links to Bob Driehaus' report on the stay in the New York Times.  According to Driehaus, the stay will allow the state attorney general and defense lawyers to gather more information about Ohio's lethal injection protocol, which has come under question since a failed execution on September 15th.

Federalism and Marijuana Prosecution:  At NRO's Bench Memos, Matthew Franck opines that the Obama Administration's decision to cease prosecution of medical-marijuana users and distributors who are acting in accord with state laws, is a "terrible idea," particularly when considering what it means for federalism.  Franck believes that '[b]y announcing the non-prosecution of marijuana cases only in those 14 states that legalize some use of the drug for medical purposes, the administration has effectively proclaimed that federal law means one thing in those 14 states, and something else in the other 36."  He believes this could give rise to equal protection claims, and effectively subject the validity of federal law to the will of state legislators. 

A Well Rehearsed Judicial Nomination:  At Wall Street Journal's Law Blog, Jennifer Forsyth reports that during a speech given at Yale Justice Sotomayor acknowledged that "her nomination process was so tightly scripted that the White House picked out her dress."  Forsyth notes that reporters were not allowed into the event - per Justice Sotomayor's request - but the New Haven Register was able to gather information from interviews with people who attended the event.  According to the Register's story, Justice Sotomayor was told by government officials to chose five suits she would like to wear to her acceptance ceremony so that officials could recommend which one to wear.