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Monday, June 28, 2010
Courts - SCOTUS action today
Via SCOTUSblog, we are following the SCOTUS action on the final day of its term. Decisions are anticipated in four cases, including the Chicago gun case and a much-awaited patent case. Check back.
- The Court denies review of all seven tobacco petitions, including one by the U.S.
- Alito announces McDonald v. Chicago: reversed and remanded. The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense. 5-4. Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor. Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause. Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities. Tom Goldstein say: "The difference between the majority and Justice Thomas doesn't affect the fact that the Second Amendment now applies to state and local regulation." "The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand."
- Christian Legal Society v. Martinez, affirming and remanding. The Court says it is limiting its ruling to whether a public college could limit access to a student organization forum when the policy requires that "all comers" participate in the organization's activity.
- Bilski v. Kappos - Affirmed. The Court holds: the specific invention in this case, a method of predicting business or economic cycles, was ineligible for a patent. In discussing the proper test for patentability, the Court says the "machine or transformation" test may be a useful and important investigative tool, but it is not the sole test for determining whether a "process invention" is patentable. The Kennedy opinion for the majority is not supported in all respects by those who join in part.
- Free Enterprise Fund v. PCAOB - : The Court rules that the limitations on the power to remove the members of the board is unconstitutional under the separation of powers doctrine. The board members are inferior officers, and the method of appointment under the Sarbanes-Oxley Act violates the Appointments Clause. The result reverses in part, affirms in part, and remands. The vote is 5-4. Breyer dissents, joined by Stevens, Ginsburg, and Sotomayor.
Posted by Marcia Oddi on June 28, 2010 09:55 AM
Posted to Courts in general