The blustery weather in Washington this morning will be nothing compared to the whirlwind that will surround the Supreme Court next week, when the justices take up another case testing the limits of gun control laws.
In 2008 the Court struck down a District of Columbia gun control law, saying it violated citizens’ individual right to bear arms under the Second Amendment. On Tuesday the Court will hear oral arguments in McDonald v. City of Chicago, which tests if that ruling applies to the states. Gun control laws in Chicago and across the country stand in the balance.
And in another closely-watched case, the Court will consider the constitutionality of the controversial “honest services” fraud criminal statute in a challenge brought by former Enron CEO Jeffrey Skilling. That case, Skilling v. U.S., will be heard Monday morning.
In other legal news:
Stevens out, Kagan in?: SCOTUSblog’s Tom Goldstein is making predictions about the Supreme Court lineup. He says Justice John Paul Stevens is likely stepping down, and Obama will nominate Solicitor General Elena Kagan to replace him (Oh look – we agree!). And, he says, Justice Ruth Bader Ginsberg will still be on the Court next term. (SCOTUSblog)
Record-breaking tenure: The National Law Journal’s Tony Mauro takes a look at stats from the Oyez Project to note at all the milestones Justice Stevens is approaching. For one, he’s almost the oldest justice ever. (BLT Blog)
One less case on the docket: Because a settlement was reached in the case, the U.S. Supreme Court will not decide whether the Federal Employees Health Benefits Act preempts a state court lawsuit against a government contractor that administers benefits provided in accordance with the statute. (Lawyers USA)
Constitutional debate: Sen. Chris Dodd wants to change the Constitution in order to undo the Supreme Court’s ruling in Citizens United v. FEC. (Hartford Courant)
Toyota tort debate: The Toyota situation could be making the argument for tort reform a much harder sell. (The Wall Street Journal‘s Law Blog)
Standoff on mortgage assistance: Members of Congress on both sides of the aisle are taking aim at the Obama administration’s struggling mortgage assistance program, with Republicans calling it a worthless exercise and Democrats saying it doesn’t go far enough. (Lawyers USA)