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Supreme Court developments
AP ^ | 12/13/4

Posted on 12/13/2004 10:56:13 AM PST by SmithL

The Supreme Court on Monday:

* Said ailing Chief Justice William H. Rehnquist will not vote in cases heard in November, unless the other justices are deadlocked. He intends to take part in deciding cases that were heard in December.

* Voted 7-2 to put restrictions on companies that want to voluntarily clean up their polluted land and sue former owners to share the costs. The decision goes against Aviall Services Inc., which in 1981 bought land in Texas.

* Ruled 8-0 that Florida death row inmate Joe Elton Nixon should not get a new trial, even though his lawyer conceded the man's guilt at trial without his explicit consent.

* Rejected an appeal from Texas death row inmate Troy Kunkle, whose execution had been stayed twice.

* Ruled 8-0 that police have authority to arrest suspects on charges that later fall apart, so long as officers had a second, valid reason for the detention. The decision sets aside a 9th U.S. Circuit Court of Appeals ruling in favor of Jerome Alford, who was arrested in 1997 by two Washington State Patrol officers.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government
KEYWORDS: circuits; rehnquist; scotus; supremecourt
More slapdowns for the 9th Circus
1 posted on 12/13/2004 10:56:14 AM PST by SmithL
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To: SmithL

must've turned 12 or 13 years old...


2 posted on 12/13/2004 10:57:33 AM PST by bedolido (I can forgive you for killing my sons, but I cannot forgive you for forcing me to kill your sons)
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To: SmithL
They have to dissolve the 9th circuit court. Here in conservative Idaho we're under their thumb.
3 posted on 12/13/2004 10:58:56 AM PST by bedolido (I can forgive you for killing my sons, but I cannot forgive you for forcing me to kill your sons)
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To: bedolido

RE: "They have to dissolve the 9th circuit court. Here in conservative Idaho we're under their thumb."


You are not alone. Here in Arizona and also in Utah, we are stuck with the 9th circus.

Senator Kyle has put forward some plans to split up the 9th, but they haven't gone very far.


4 posted on 12/13/2004 11:03:43 AM PST by RatSlayer
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To: SmithL
* Refused to clarify when police can use deadly force to stop fleeing criminal suspects. However, it said a lower court was wrong to allow a lawsuit against an officer in Washington state who shot a burglary suspect.

Perhaps every 9th Circuit ruling should be automatically stayed and sent to the Supreme Court for review.

5 posted on 12/13/2004 11:04:38 AM PST by siunevada
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To: RatSlayer
Senator Kyle has put forward some plans to split up the 9th, but they haven't gone very far.

how can they slipt it up. Isn't each circuit court under a single Supreme court justice? I'm not sure but I think the 9th is under Clarence Thomas.

6 posted on 12/13/2004 11:06:32 AM PST by bedolido (I can forgive you for killing my sons, but I cannot forgive you for forcing me to kill your sons)
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To: bedolido

RE "how can they slipt it up. Isn't each circuit court under a single Supreme court justice?"


I don't know what the details were, so I don't know how they would handle the assignments of justices to different circuits. But, there aren't any constitution issues, so it's just a matter of deciding which justices would oversee more than one circuit.


7 posted on 12/13/2004 11:17:45 AM PST by RatSlayer
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To: bedolido
"Isn't each circuit court under a single Supreme court justice?"

Possibly they could have some of the Supremes take on more than one Circuit.

8 posted on 12/13/2004 11:22:52 AM PST by Bahbah
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To: Bahbah

There are currently 12 circuits. This is the case now.


9 posted on 12/13/2004 11:28:50 AM PST by cotton1706
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To: cotton1706

interesting. thanks for the input. I thought there were only 9.


10 posted on 12/13/2004 11:32:55 AM PST by bedolido (I can forgive you for killing my sons, but I cannot forgive you for forcing me to kill your sons)
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To: cotton1706

Actually, there are 13 - the First through Eleventh Circuits, the DC Circuit, and the Federal Circuit.


11 posted on 12/13/2004 11:56:23 AM PST by SedVictaCatoni (<><)
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To: Bahbah; bedolido

"Possibly they could have some of the Supremes take on more than one Circuit."



They already do so, since there are 11 Circuits and only 9 Justices. Here is a map of the Circuits: http://www.law.emory.edu/FEDCTS/

BTW, Utah is in the 10th Circuit, so it is reprieved from having to live under the 9th's thumb.


12 posted on 12/13/2004 1:40:53 PM PST by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: SedVictaCatoni; Bahbah; bedolido

Oops, fogot about the DC and Federal Circuits. Yup, there are 13 Circuits all told.


13 posted on 12/13/2004 1:42:01 PM PST by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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