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Monday, June 27, 2011

Courts - SCOTUS to hand down final four opinions of term today

Watching SCOTUSblog again ... Some quotes, which are updated continually:

Amy: We are expecting a decision in the violent video games, Brown v. EMA, as well as in the two personal jurisdiction cases and the Arizona campaign finance cases.

Amy: Just to review the two personal jurisdiction cases:

In Goodyear Luxembourg Tires v. Brown, the question is whether the NC courts have general jurisdiction over foreign subsidiaries of Goodyear; the case arises out of a bus accident in France in which two North Carolina teenagers were killed.

The other case is J. McIntyre Machinery v. Nicastro, and it involves specific jurisdiction. This case arises out of an accident in a New Jersey factory; the injured worker, Nicastro, filed a lawsuit in New Jersey against J. McIntyre Machinery, the British manufacturer of the machine that injured him; J. McIntyre had distributed the machinery through an Ohio distributor.

Cert granted in US v. Jones, the GPS tracking case.

Amy: Goodyear v. Brown is in. (opinion) The Court rules that the tire company not amenable to lawsuit in NC on claims unrelated to activity by the tire company in that state. RBG for unanimous court. NC Court of Appeals reversed.

Amy: The second opinion, J. McIntyre v. Nicastro, is in. The Court reverses the NJ Supreme Court.

There was also a per curiam in the Juvenile Male case. In this decision, the Court rules that the Ninth Circuit lacked authority to strike down the sex offender registration law as a violation of Ex Poste Facto Clause because it had no live controversy.

Amy: The Court strikes down the video game law. Opinion is by Scalia: the act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment.

It's 7-2. Alito concurs in judgment, joined by the Chief Justice. Justices Thomas and Breyer dissent, in an opinion by Thomas. Court applies strict scrutiny standard and concludes that the law cannot meet that standard. Opinion.

Tom: The Alito/Roberts [concurring] opinion would have left more room for states to adopt more closely tailored laws.

Tom: So the majority quite broadly prohibits these sorts of statutes.

Kali: Here is the case page for the remaining case, AZ Free Enterprise v. Bennett, linked with McComish v. Bennett. Opinion is not up yet.

This is the campaign finance case.

Amy: The Chief Justice has the last opinion. AZ campaign finance regulations impose a substantial burden on the speech of the candidates and independent expenditure groups. It's 5-4, CA9 reversed.
Justice Kagan has the dissent, joined by RBG, Breyer, and Sotomayor.

Kali: Our last opinion for the term - Bennett - is here.

Tom: They strike down this matching funds provision, but say they are not holding that the First Amendment fobrids all public financing.

Tom: 16,000 or so readers. Thanks everyone for coming. Next Term may be the Term of the century with gay marriage, immigration, affirmative action, health care, and others potentially on the table (though not yet), so come back..

Posted by Marcia Oddi on June 27, 2011 09:56 AM
Posted to Courts in general