Supreme Court Liveblog

[motivez]

Happening now at SCOTUSblog:

SCOTUSblog

Heller could be potentially decided today

Decisions rendered so far:

Exxon v. Baker

Ben Winograd - The Court has released the opinion in Exxon v. Baker (07-219), on the validity of the $2.5 billion punitive damages award to victims of the Exxon Valdez oil spill. The ruling below, which upheld the award, is vacated and remanded.

Justice Souter wrote the opinion. All Justices concurred in the judgment, except Justice Alito, who took no part. We will provide a link to the decision as soon as it is available.

Tom Goldstein - In Exxon, the judgment is vacated and remanded. The Court divided depending on the issues. The Court divided equally on whether maritime law permits punitives for the acts of agents (Alito not participating). The Court deemed the punitives excessive based on maritime common law, holding the punitives should be equal to the compensatories.

Opinion: http://www.scotusblog.com/wp/wp-cont.../06/07-219.pdf

Kennedy v. Louisiana

Ben Winograd - The Court has released the opinion in Kennedy v. Louisiana (07-343), on whether the Eighth Amendment prohibits states from imposing the death penalty for child rape, and, if not, whether Louisiana’s statute fails to narrow the class of offenders eligible for the death penalty. The ruling below, which upheld the state law, is reversed and remanded.

Justice Kennedy wrote the opinion. Justice Alito dissented, joined by the Chief Justice and Justices Scalia and Thomas. We will provide a link to the decision as soon as it is available.

Tom Goldstein - The Kennedy v. LA decision holds that the death penalty for child rape is unconstitutional if the defendants' acts were not intended to cause death.

Tom Goldstein - The Justice Kennedy opinion in Kennedy v. LA is categorical -- the death penalty is forbidden for crimes against individuals that do not result in death.

Opinion: http://www.scotusblog.com/wp/wp-cont.../06/07-343.pdf

Giles v. California

Brian Sagona - The Court has released the opinion in Giles v. California (07-6053), on whether a criminal defendant automatically forfeited his right to exclude testimony of a witness he killed before trial, or whether the state was required to show he killed the witness specifically to prevent her from testifying. The ruling below, which affirmed the defendant’s conviction, is vacated and remanded.

Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens and Kennedy. We will provide a link to the decision as soon as it is available.

Tom Goldstein - The crux of the 6-3 decision in Giles is whether the defendant intended to cause the victim to be unable to testimony.

Opinion: http://www.scotusblog.com/wp/wp-cont...06/07-6053.pdf

Plains Commerce Bank v. Long Family Land & Cattle

Brian Sagona - The Court has released the opinion in Plains Commerce v. Long Family Land and Cattle (07-411), on whether Indian tribal courts have authority to decide civil lawsuits involving business dealings between companies owned by members of the tribe and banks that own land on a reservation, but are not themselves owned by a tribal member. The ruling below, which found for the tribal members, is reversed.

Chied Justice Roberts wrote the opinion. Justice Ginsburg dissented, joined by Justices Stevens, Souter and Breyer. We will provide a link to the decision as soon as it is available.

Opinion: http://www.scotusblog.com/wp/wp-cont.../06/07-411.pdf

[motivez]

Interesting development .. Scalia authored the opinion in Giles v. California. It was widely speculated that he would be the one authoring the opinion in Heller.. leading many to believe the Court would strike down the DC gun ban

[A_C_E]

Originally Posted by motivez

Interesting development .. Scalia authored the opinion in Giles v. California. It was widely speculated that he would be the one authoring the opinion in Heller.. leading many to believe the Court would strike down the DC gun ban

I think I'll fall over laughing if Kennedy flipped and they uphold the gun ban. Shit would be hilarious.

[motivez]

Looks like Heller wont be decided today

[motivez]

Ben Winograd - The Chief Justice has announced from the courtroom that the Court will issue all of its remaining opinions tomorrow at 10 a.m. Eastern.

That includes Heller.

[motivez]

What do you guys think about the death penalty for child rape being declared unconstitutional?

Not just that, but the death penalty may not be a punishment for any crime that does not result in the death?

[A_C_E]

Originally Posted by motivez

What do you guys think about the death penalty for child rape being declared unconstitutional?

Not just that, but the death penalty may not be a punishment for any crime that does not result in the death?

As a total opponent of the death penalty, I'm relieved, to say the least.

Even eye for an eye justice is better than eye for a fingernail justice, if you get my drift.

[motivez]

Here's an interesting part of the opinion:

[b]y in effect making the punishment for child rape and murder equivalent, a State that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim. Assuming the offender behaves in a rational way, as one must to justify the penalty on grounds of deterrence, the penalty in some respects gives less protection, not more, to the victim, who is often the sole witness to the crime. It might be argued that, even if the death penalty results in a marginal increase in the incentive to kill, this is counterbalanced by a marginally increased deterrent to commit the crime at all. Whatever balance the legislature strikes, however, uncertainty on the point makes the argument for the penalty less compelling than for homicide crimes.

I think that makes sense.