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28 Jun 2010, 6:00 pm
Dissent Justice Breyer, joined by Justices Stevens, Ginsburg, and Sotomayor, dissented. [read post]
28 Jun 2010, 3:49 pm
" It means that everyone who comes before the court, regardless of wealth or power or station, receives the same process and the same protections. [read post]
28 Jun 2010, 2:49 pm
In dissents disguised as concurrence, Justices Stevens, Ginsburg, Breyer, and Sotomayor would have categorically rejected business methods as patentable subject matter. [read post]
28 Jun 2010, 12:42 pm
But for now, what McDonald illustrates is the power of this paradox. [read post]
28 Jun 2010, 11:49 am
Justices Stevens and Breyer wrote separate concurring opinions.Everyone expected that the majority opinion would be authored by departing Justice Stevens as his final decision, and it appears likely that the Court had earlier imagined that his opinion would collect majority approval; so it was a surprise, to me at least, that (a) Stevens' strike would have put the ball squarely in the net to knock out business method patents, though (b) his opinion fell one vote shy… [read post]
28 Jun 2010, 10:33 am
Another insightful resource is Steven Calebrisi’s pre-decision SCOTUSCast (22 minutes). [read post]
28 Jun 2010, 10:25 am
Petitioners argued that the Sarbanes-Oxley Act contravened the separation of powers by conferring executive power on Board members without subjecting them to Presidential control. [read post]
28 Jun 2010, 9:08 am
Stevens’ concurring opinion is very smart, up to Part IV. [read post]
28 Jun 2010, 8:47 am
The SEC already has effective power to control the Board fully; the decision will not change that reality. [read post]
28 Jun 2010, 8:34 am
Public Company Accounting Oversight Board, in which the conservative Justices — Roberts, Scalia, Kennedy, Thomas, and Alito — take the strong position on enforcing the constitutional principles of separation of powers, and the liberal Justices — Breyer, Stevens, Ginsburg, and Sotomayor — take the position of judicial restraint. [read post]
28 Jun 2010, 8:25 am
See The power in being the swing vote Of a followup by Mullin:The Court’s liberal wing—Stevens, along with justices Stephen Breyer, Ruth Bader Ginsburg, and Sonia Stotomayor—favored a ban on business method patents; the conservatives—Chief Justice John Roberts, joined by justices Samuel Alito, Antonin Scalia, and Clarence Thomas—joined the moderate, and frequent swing voter, Justice Anthony Kennedy, who wanted to leave open the possibility of patent… [read post]
28 Jun 2010, 7:43 am
In a 5-4 vote, the justices said that the Sarbanes-Oxley law enacted in 2002 violates the Constitution's separation of powers mandate. [read post]
28 Jun 2010, 7:40 am
” That term comes from a paper by Steven M. [read post]
27 Jun 2010, 7:21 pm
My own view on this sort of separations of powers constitutionality issue is that the Court would never do something mortal to an agency that truly mattered. [read post]
27 Jun 2010, 5:00 pm
That’s why we see a lot of Supreme Court cases involving executive power or statutory interpretation. [read post]
27 Jun 2010, 4:06 pm
Justices Sotomayor and Stevens dissented from this part of the opinion, but joined in the unanimous decision that there is no claim for tortious interference under federal law.The opinion in Granite Rock Co. v. [read post]
27 Jun 2010, 12:34 pm
Steven Freeman of the Anti-Defamation League argues that using the statute in this way will “dilute its power. [read post]
27 Jun 2010, 3:53 am
The first opinion that could emerge is a historic ruling on gun rights, resolving whether the Second Amendment restricts the gun-control powers of states, counties, and cities, and not just the federal government’s powers (McDonald v. [read post]
26 Jun 2010, 2:35 pm
" For past recycling of Lemley by Mullin, seehttp://ipbiz.blogspot.com/2009/04/joe-mullin-on-copying.htmlElsewhere, PatentHawk (Gary Odom) reminds us of Stevens' first case:The first case Justice Stevens authored was Parker v. [read post]
26 Jun 2010, 12:50 pm
Public Company Accounting Oversight Board (separation of powers), McDonald v. [read post]
