Federalist Society Scotuscast
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SCOTUScast is a project of the Federalist Society for Law & Public Policy Studies, a non-partisan institution. This audio broadcast provides expert commentary on U.S. Supreme Court cases as they are issued and is intended to help foster a serious dialogue about legal issues in the public square. To supplement our scholars’ analysis, we provide copies of the opinions issued since the immediately preceding edition of SCOTUScast, along with brief summaries intended to serve as a reference for lis (Author: The Federalist Society)
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Recent episodes from Federalist Society Scotuscast
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Published: Aug 18, 08On June 19, 2008 the Supreme Court decided MetLife v. Glenn, a case asking whether an ERISA plan administrator that both evaluates and pays employee benefit claims operates under a conflict of interest and, if so, how such a conflict ought be weighed on judicial review of benefit determinations. The Court held that this dual role creates a conflict of interest; that a reviewing court should consider that conflict as a factor in determining whether the plan administrator has abused its discretion
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Published: Jul 7, 08On June 16, 2008, the Supreme Court decided Dada v. Mukasey, a case concerning the immigration and naturalization process. The Court held that an alien must be permitted an opportunity to withdraw a motion for voluntary departure, provided the request is made before expiration of the departure period. Juria Jones, an Associate at DC's Fragomen, Del Rey, Bernsen & Loewy, LLP, discusses the case.
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Published: Jul 3, 08On June 23, 2008, the Supreme Court decided Rothgery v. Gillespie County. The Court was asked to consider whether a defendant’s Sixth Amendment right to counsel attaches at an initial hearing at which he is brought before a magistrate and jailed, pending posting of bond, if prosecutors were not involved in the arrest or court appearance. The Court held that it does. On June 19, 2008, the Supreme Court decided Indiana v. Edwards, another Sixth Amendment case. The Court was asked to consider whe
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Published: Jul 3, 08On June 2, 2008, the Supreme Court decided United States v. Santos, holding that the word "proceeds," as used in the federal money-laundering statute, 18 U.S.C. §1956(a)(1)(A)(i), denotes only the profits of criminal activity, not the gross receipts thereof. Professor Chris Bryant of the University of Cincinnati College of Law discusses the case.
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Published: Jul 3, 08On June 25, 2008, in Plains Commerce Bank v. Long Family Land & Cattle Co. the Supreme Court held that an Indian tribal court lacks jurisdiction to hear discrimination charges brought by tribal members against a non-Indian bank concerning the bank’s sale of its fee land to another non-Indian. Tom Gede of Bingham Consulting Group and of counsel to Bingham McCutchen LLP discusses the case.
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Published: Jul 2, 08On June 19, 2008, the Supreme Court decided two Age Discrimination in Employment Act (ADEA) cases: Kentucky Retirement Systems v. EEOC and Meacham v. Knolls Atomic Power Laboratory. In Kentucky Retirement Systems, the Court was asked to consider whether the use of age as a potential factor in the distribution of retirement benefits to disabled workers establishes a prima facie case of discrimination in violation of the ADEA. The Court concluded it does not. In Meacham v. Knolls Atomic Power Labo
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Published: Jul 2, 08On June 25, 2008, the Supreme Court decided Exxon v. Baker, a case involving the legality under federal maritime law of the $2.5 billion punitive damages award resulting from the Exxon Valdez oil spill. The Court considered three questions: whether a ship owner may be liable for punitive damages without acquiescence in the actions causing harm, whether punitive damages have been barred implicitly by federal statutory law making no provision for them, and whether the award of $2.5 billion in this
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Published: Jun 30, 08On June 26, 2008, the Supreme Court decided the District of Columbia v. Heller case. The decision, in striking down the DC gun ban, held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Attorney C. Kevin Marshall of Jones Day disccuses the case. In a separate SCOTUScast, Professor Nelson Lund offers his analysis.
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Published: Jun 30, 08On June 26, 2008, the Supreme Court decided the District of Columbia v. Heller case. The decision, in striking down the DC gun ban, held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Professor Nelson Lund of George Mason University School of Law discusses the case. In a separate SCOTUScast, attorney C. Kevin Marshall offers his analysis
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Published: Jun 26, 08On June 26, 2008, the Supreme Court decided Davis v. Federal Election Commission, holding that the Bipartisan Campaign Reform Act's so-called "Millionaire's Amendment," which imposes financial disclosure requirements on congressional candidates who spend more than $350,000 of their own money, and relaxes campaign finance limits on their opponents’ outside contributors, violates the First Amendment. Ben Ginsberg of Patton Boggs discusses the case.
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Published: Jun 26, 08On June 25, 2008, the Supreme Court decided Kennedy v. Louisiana, holding that the Eighth Amendment bars Louisiana from imposing the death penalty for the rape of a child, where the crime did not result in death. In this episode of SCOTUScast, William Otis, Former Chief of the Appellate Division in the U.S. Attorney's Office for the Eastern District of Virginia discusses the case.
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Published: Jun 24, 08On June 12, 2008, the Supreme Court decided Republic of the Philippines v. Pimentel, a case involving a dispute over the assets of former Philippine President Ferdinand Marcos. The Court held that under Rule 19 of the Federal Rules of Civil Procedure, a case involving an interpleader action involving assets allegedly stolen by Ferdinand Marcos could not proceed in the absence, as parties, of the Government of the Philippines and its Presidential Commission on Good Governance, which had been dism
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Published: Jun 17, 08On June 9, 2008, the Supreme Court decided Quanta Computer, Inc. v. LG Electronics, Inc. The Court held that because the doctrine of patent exhaustion applies to method patents, and because the License Agreement authorizes the sale of components that substantially embody the patents in suit, the exhaustion doctrine prevents LG Electronics from further asserting its patent rights with respect to the patents substantially embodied by those products. In this episode of SCOTUScast, University of Mis
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Published: Jun 17, 08On June 12, the Supreme Court decided Munaf v. Geren. The Court held that the habeas statute confers jurisdiction on federal district courts to consider the habeas petitions of U.S. citizens asserted to have committed crimes in Iraq and detained by U.S.-led coalition forces in Iraq pending a transfer to Iraqi authorities for trial or further proceedings following a vacated conviction in an Iraqi criminal court, but that the writ could not be invoked for the transfer of the detainees to Iraqi aut
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Published: Jun 16, 08On June 12, the Supreme Court decided Boumediene v. Bush. The Court held that certain detainees currently being held at the Guantanamo Bay Naval Base in Cuba have a constitutional right to challenge their detention by filing habeas corpus writs and that the alternative remedy provided by Congress was not an adequate substitute. On the same day, in Munaf v. Geren the Court held that the habeas statute confers jurisdiction on federal district courts to consider the habeas petitions of U.S. citizen
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