Tobacco case to miss first Conference
on Aug 3, 2005 at 5:31 pm
The federal government’s appeal in the massive anti-racketeering case against the tobacco industry now is not expected to be considered by the Supreme Court at its opening Conference of the new Term, on Sept. 26. It also may be that, when the Court does decide for or against granting review, only an eight-member Court will do so.
The petition in U.S. v. Philip Morris USA, et al. (docket 05-92) was filed July 18, and the industry response thus was due on Aug. 17. That probably would have been early enough for the case to be placed on the Sept. 26 Conference agenda. But the Court has given the industry another month — until Sept. 16 — to file its expected opposition to review. That is likely to mean the case will not come up until the Conference of Oct. 14, at the earliest.
If Associate Justice-nominee John G. Roberts, Jr., misses the opening Conference, as now seems likely because the Senate schedule on his nomination is so tight, he may not be able to take part even when the case does come before the Conference later on. On the D.C. Circuit, he chose not to participate when the en banc Court denied review on April 19. He did not give a reason, but it might have been because his wife’s law firm has been involved in the litigation. His non-participation at that level also might be an indication that he would be recused in the Supreme Court, too.
