ILNews

SCOTUS set to start term

Michael W. Hoskins
January 1, 2008
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Next week will be a big one for Indiana in the Supreme Court of the United States.

The nation's highest court will hear six arguments next week, including a much-anticipated and publicized case involving Indiana's voter identification law, and another state's case that has Hoosier interest on the constitutionality of lethal injections.

On Tuesday, the justices will take on a pair of Indiana cases. The combined cases are Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25, which challenge the state's two-year-old voter photo ID law that has been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals. The cases are the first scheduled that morning, which begin at 10 a.m. Arguments are expected to last about an hour.

On Monday, the SCOTUS' second case of the morning will be a Kentucky case questioning the state's use of lethal injection, and whether a three-chemical concoction used is considered "cruel and unusual punishment" in violation of the Eighth Amendment. That case is Baze v. Rees, No. 07-5439, and takes on an issue that has been raised frequently by Indiana death row inmates, including three in the past year who are now all dead.

Those inmates had filed federal suits challenging the state's lethal injection method, making similar cruel and unusual punishment claims. Their petitions challenged how Indiana executes death row inmates, with claims that they'd be fully conscious and in agonizing pain for the duration of the execution process. They argued that state inmates who've been executed have repeatedly failed to receive adequate anesthesia and have remained conscious during the administration of lethal drugs. Other states have halted executions to review this method.

But the suits never gained steam in District Court and are now moot on the grounds that all three are dead. David Leon Woods and Michael Lambert were executed by lethal injection last year; the third, Norman Timberlake, died from natural causes in his Michigan City cell in November while still on death row.

Aside from those cases, justices also will consider issues during the week that involve immigration and deportation, employment age discrimination, taxes and nontradable return of capital, and whether a defendant's lawyer can waive the right to a federal judge presiding over jury selection without consulting that client. While the court doesn't hold arguments Thursday or Friday, justices will meet Friday in private conference and could decide when to schedule arguments in another Indiana case it's accepted.

That case is Indiana v. Ahmad Edwards, No. 07-208, which asks whether the Sixth Amendment grants someone found competent to stand trial the right to represent himself in a criminal proceeding. In early December, the court agreed to hear that case and it has tentatively set arguments for March, though a docket date hasn't yet been set.

The Supreme Court's arguments are not televised or broadcast live, but coverage of can be found online on the Indiana Lawyer Web site at www.theindianalawyer.com, as well as in the Indiana Lawyer Daily and print editions of the newspaper.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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