Federal Judiciary

The Week Ahead

By Akin Gump Supreme Court Practice Group

The Court is in recess for the summer. The opening conference for next term will take place September 29. Oral arguments will resume October 6.

An appeal is expected to be filed at the Court this week in Northwest Austin Municipal Utility District No. One v. Mukasey, challenging the constitutionality of Congress’ extension of Section 5 of the Voting Rights Act — the provision that requires a number of states and local government units to get advance clearance in Washington for changes to their voting laws or provisions. In May, a three-judge federal District Court upheld the extension (discussed here and here).

A petition for review is also expected in Al-Marri v. Piccarelli, a test of the President’s power to order the military detention of civilians captured inside the United States and suspected of terrorist links, but not charged with any crimes.  The Fourth Circuit Court upheld that power in July, while also ruling that the individual, Ali al-Marri, must have a further opportunity to challenge his detention (discussed here).

The petitioner’s brief on the merits is due Monday in AT&T Corp. v. Hulteen (07-543),  Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi (07-615), and Harbison v. Bell (07-8521). The respondent’s brief on the merits is due Monday in Winter, et al. v. Natural Resources Defense Council, Inc., et al. (07-1239).

Full post as published by SCOTUSBLOG on September 07, 2008 (boomark / email).