Monday status conference: March comes in like a lion
This month kicks off at the U.S. Supreme Court with oral arguments in some highly-anticipated cases.
Before tomorrow’s arguments in the case questioning the constitutionality of Chicago’s handgun ban, today the Court once again tackles the criminal “honest services” fraud statute.
But unlike the first two honest services cases heard by the Court this term, which questioned the law’s application, today’s case considers whether the law itself is too broad and vague to pass constitutional muster.
The case, Skilling v. U.S. involving former Enron CEO Jeffrey Skilling, could have some wide ranging effects. Prosecutors across the country have often used the law to prosecute public officials accused of wrongdoing, including former Illinois Gov. Rod Blagojevich.
The Skilling case will also consider whether a presumption of prejudice is created by widespread media coverage of a criminal case, requiring prosecutors to prove beyond a reasonable doubt that no juror was actually prejudiced.
There are two other cases on the Court’s docket today, including yet another Miranda case, fresh on the heels of two Miranda rulings by the Court that went against the defense. Today’s case, Berghuis v. Thompkins, questions whether a suspect waives his Miranda rights when he fails to invoke them, expressly waive them, or for that matter, say anything at all.
Here are some more legal headlines to start your week:
Another red flag: The Federal Trade Commission will appeal a U.S. District Court decision which said that regulations designed to combat identity theft cannot be enforced against attorneys. (Lawyers USA)
Med-mal debate renewed: At President Obama’s health care summit with lawmakers Thursday, the two parties clashed as Republicans called for liability caps and Democrats countered by saying such measures would harm patients without producing any real cost savings. (Lawyers USA)
Speaking of Obama and health care: The president signed a law toughening tobacco regulations last year, but he himself has yet to kick his smoking habit, his doctors say. He also doesn’t eat as healthy as he should. (AP)
Long arm of the court? Plaintiffs’ lawyers want plaintiffs to have an easier time suing foreign manufacturers for defective products, so they are backing legislation to make it easier to serve legal notice on foreign companies. (Lawyers USA)
