The Week Ahead
on Oct 28, 2007 at 6:00 pm
On Monday, the Court is scheduled to hear argument in Klein & Co. v. Board of Trade (06-1265), asking whether commodities’ merchants may sue a board of trade for failing to enforce its rules, and in Ali v. Federal Bureau of Prisons (06-9130), asking whether the United States waived sovereign immunity with respect to suits for losses of inmates’ personal property. In advance of the arguments, the Court is expected to release orders from the Justices’ private conference last Friday.
On Tuesday, the Court is scheduled to hear argument in United States v. Williams (06-694), asking whether a federal ban on pandering material believed to be child pornography is unconstitutional, and Logan v. United States (06-6911), asking whether the Armed Career Criminal Act exempts state convictions for which civil rights were not originally revoked.
On Wednesday, the Court is scheduled to hear argument in Danforth v. Minnesota (06-8273), examining state courts’ authority to expand retroactivity of Supreme Court criminal procedure rulings. Also on Wednesday, an en banc panel of the U.S. Court of Appeals for the Fourth Circuit is scheduled to hear argument in Al-Marri v. Wright, a test of the President’s power to indefinitely detain inside the United States legal aliens labeled “enemy combatants.” (Click here for Lyle’s preview of the en banc hearing.)
On Thursday morning, a Fourth Circuit panel is scheduled to hold a new hearing on Richmond Medical Center v. Herring (Circuit docket dockets 03-1821 and 04-1255), on remand from the Supreme Court. The case involves the constitutionality of Virginia’s “partial-birth abortion” ban. In April, the Supreme Court vacated and remanded an earlier panel ruling nullifying the state law, for a new look under the Court’s decision to uphold the federal ban in Gonzales v. Carhart. (Click here for Tony Mauro’s story on the case in Legal Times.)
On Friday, the Justices are scheduled hold a private conference, orders from which are expected the following Monday, Nov. 5.
No briefs on the merits are due this week.