February 17, 2006
Mark your SCOTUS calenders
As detailed over at SCOTUSblog, the (new) Supreme Court is back in action with some orders about argued cases. But we have to wait until Tuesday for news about what SCOTUS may do with the state Blakely cases conferenced today (speculations here).
Also Wednesday of next week brings SCOTUS oral argument in two notable criminal cases:
- Holmes v. South Carolina (background here) presents this question: "Whether a state's rule governing admissibility of third-party guilt evidence violates a criminal defendant's constitutional right to present a complete defense grounded in due process, confrontation, and compulsory process clauses?"
- Samson v. California (background here) presents this question: "Does the 4th Amendment prohibit police from conducting a warrantless search of a person who is subject to a parole search condition, where there is no suspicion of criminal wrongdoing and the sole reason for the search is because the person is on parole?"
Anyone want to guess whether Justice Alito — the first former federal prosecutor to serve as a Justice and the first prosecutor on the High Court since Earl Warren — will be an active questioner in these cases? I will make the bold prediction that Justice Alito will ask at least as many questions as Justice Thomas.
February 17, 2006 at 03:28 PM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference Mark your SCOTUS calenders:
Doug: Do you exclude from the definition of "former federal prosecutor" all those former Attorneys General, etc.? Murphy, Clark, Jackson, White, to name but a few? Robert Jackson, in particular, was lead trial prosecutor at Nuremburg, after all. It may be so that Alito is the first Justice to have served as a line Assistant U.S. Attorney (although even he did so for a very short period).
Posted by: Peter G | Feb 18, 2006 2:08:29 PM
Yeah, I was not counting AG's, who are really policy-makers more than prosecutors. But thanks for the good reminder that we've had plenty of executive branch law enforcers moving to the judiciary.
Posted by: Doug B. | Feb 18, 2006 2:31:10 PM