Monday, November 5, 2012

From Roger Fitch and our friends down under at Justinian

Supreme Court timebombs

New term for US Supremes ... Certiorari petitions ... Critical mass theory of constitutional change ... Presidential election and the court ... Judicial techniques ... Conspiracy as a war crime ... The CIA agent who didn't torture winds-up in jail ... Our Man in Washington, Roger Fitch, reports 
THE Supreme Court's new term has started and it's well-covered, as usual, by ScotusBlog, the brainchild of Tom Goldstein.
The court has begun grants of certiorari petitions (including a rare handwritten one), but the vast majority are denied, such as the attempts by two Republican statesto thwart voters.
However, in Texas voter cases, the court could decide to use voter litigation to throw out a whole section of theVoter Registration Act, i.e. the provision that is applied to (mostly) southern states with a history of discrimination against racial and ethnic minorities.
Balkinblog has more.
One case likely to be granted certiorari is the "Pay for Delay" generic drug case.
The government wants the court to  consider the "reverse payments" drug companies make to potential competitors.
Then there's "marriage equality" cases. Eight different petitions concern the federal Defence of Marriage Act.