I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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BlogRoll

I have the impression these people just aren’t getting along.

Did you folks know there were three decisions released by the U.S. Supreme Court today?

Somewhere, an individual named Giridhar C. Sekhar and his lawyers are celebrating a victory on a national stage and no one noticed.

I was vaguely aware another case (Sekhar v. United States) was coming, and somewhere along the line got [...]

“Don’t know much biology…”

Today’s Supreme Court cases brought two songs to mind, one apparently intentionally and the other less so.  The later was from Justice Scalia’s concurrence in the DNA/patent case (which I was glad to see turn out 9-0 that you can’t patent genes found in nature.  Justice Scalia concurred to explain that he was not [...]

Linda Greenhouse is justifiably afraid of the federalism arguments in the DOMA case

A fascinating passage in Greenhouse’s piece on the DOMA case quotes the lawyer for Wainwright (the state of Florida) in Gideon v. Wainwright, which held that there was a constitutional right to counsel for felony defendants in the state courts:

During the argument on Jan. 15, 1963, a Florida assistant attorney general, Bruce R. [...]

Does the Constitution say that Congress’s powers don’t extend to the kind of question Justice Scalia doesn’t think Congress is good at?

Today, the Supreme Court heard argument in Shelby County v. Holder.  The transcript is very much worth reading.

(Note to lay readers:  I attempt to explain the act at issue here about midway down the post if you want some help following the last block quote).

One part is pretty breathtaking.  Recall that Justice Scalia [...]

Some Supreme Court argument snark from Chief Justice Roberts

Anderson noted that Chief Justice Roberts roughed up a lawyer from the solicitor General’s office for describing a changed position by the Secretary of Labor; he was annoyed that the SG didn’t explicitly state that the change was due to a change of administrations.  Anderson linked an article that further explains what the Chief [...]

This Week At The Supreme Court

Tomorrow, or possibly later in the week, is going to be momentous for the United States Supreme Court.  Among other things, we’re going to have decisions in the Arizona immigration act case, cases from Alabama and Arkansas cases involving whether it is constitutional to sentence juveniles to life-without-parole, and the First Amendment/stolen valor case about prosecuting [...]

Lyle Denniston tells us what we need to know about the Health Care Reform cert grants

The Supreme Court granted certiorari on the Health Care Reform cases, carefully defining what it intends to hear and defining an extraordinary series of oral arguments.  As we knew we could rely on him to do, Lyle Denniston explains what’s up:

The Court will hold two hours of argument on the constitutionality of the [...]

“Byron White would answer and say, ‘This is Joe’s Bar.’ “

Nina Totenberg has an interview with retired Justice John Paul Stevens on Morning Edition this morning.  He’s just publishing a book, called Five Chiefs because he has personally known five of the seventeen Chief Justices of the United States Supreme Court, and served under three of them.

He talks about the differences in the [...]

Contempt for Court: The 6th Circuit Reminds the Supreme Court it “is final but not infallible.”

The Supreme Court reversed the Sixth Circuit on a sentencing issue, and the Sixth Circuit had to deal with the case on remand.  The particular issue is not so much generally interesting, but the concurance from Sixth Circuit Judges Merrit and Martin on remand is startlingly blunt, in a slightly esoteric but unmistakable way [...]

Appeal by reputed Klansman Seale may have been rejected by high court

My headline is an intentional invert of Jerry Mitchell’s misleading headline in today’s Clarion Ledger.  He wrote:  “Appeal by reputed Klansman Seale still could be heard by high court”.  His article starts:

Reputed Mississippi Klansman James Seale has another chance of the U.S. Supreme Court agreeing to hear his case

Seale’s appeal of his [...]