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Constitutional Law

: ACS Blog

Final Arguments in 2007-2008 Supreme Court Term

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The U.S. Supreme Court heard argument in six cases this week. ACSBlog previewed argument in the campaign finance case Davis v. FEC, regarding the constitutionality of the so-called "millionaire's amendment" that relaxes campaign finance limits for opponents of self-funded candidates, and the employment discrimination case Meacham v. Knolls Atomic Power Laboratory, regarding who bears the burden of proving that firings were based on reasonable factors other than age.

Other cases concerned whether a plaintiff has standing under Article III when he is assigned the right to pursue a legal claim but will not garner proceeds from the outcome, whether traditional rational basis equal protection analysis applies to public employment decisions, a confrontation clause case, and an ERISA case. Transcripts are available here. This week marks the end of the argument calendar for the 2007-2008 Term.

The Supreme Court granted certiorari in two cases this week. Chambers v. U.S. concerned whether, under enhanced sentencing guidelines, the failure to report to prison is the equivalent of escape. U.S. v. Eurodif involves the question of whether uranium enrichment service contracts are subject to federal anti-dumping laws. The Court denied certiorari in a number of cases, including Exxon's appeal of a $112 million verdict in an environmental lawsuit (Exxon has another case pending before the Court regarding the Exxon Valdez oil spill), and 11 death row appeals.

Full post as published by ACS Blog on April 25, 2008 (boomark / email).

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