Tuesday, June 28, 2011

Catching up on SCOTUSblog

I'm catching up on my SCOTUSblog. Here's one of their Plain English posts from a couple of weeks ago. "Decisions in five cases, including children and Miranda rights, class actions, and the Fourth and Tenth Amendments."

Opinion analysis: Warming an EPA worry, at first. "The Court rules that it is for the Environmental Protection Agency in the first instance, and not the courts, to deal with global warming that could be traced to the release of “greenhouse gases” into the atmosphere. Courts have only a secondary role, the decision stressed."

Opinion analysis: New curb on crime lab reports. "Once more divided 5-4 on how to define the right of a criminal suspect to confront accusers, the Court rules that, if a crime lab report is offered by prosecutors, the person who did the test and prepared the report must testify, and a supervisor cannot do so in the absence of that technician." I thought this was interesting in how Justice Ginsberg wrote the opinion and Scalia, Thomas and Sotomayor joined and Kagan did in part and that Kennedy wrote the dissent with Roberts, Alito and Breyer joining. That's not a common split.

Major ruling for doctors due next term. "The Court returns to an issue, under patent law, of doctors’ right to observe how their patients react to varying dosages of medicine, when such observations might infringe on a diagnostic method that is patented."

No comments: