A Preview of the Supreme Court October 2007 Term, With a Look Back at the October 2006 Term

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October 1st marks the opening of the new Supreme Court Term. The term promises to be interesting. The Court has already announced its intention to consider whether Guantanamo prisoners may bring habeas actions in U.S. civilian courts challenging their detention by military authorities; whether the President, in order to give effect to a decision of the International Court of Justice, may direct the Texas courts to engage in additional review of a murder conviction, further challenge to which those courts have determined is precluded by State law; whether the federal courts should find an implied private right of action against one company under the securities laws based on another company's mischaracterization to its shareholders of transactions between the companies; whether or not states can require photo IDs for voting purposes; and whether after Apprendi and Booker a judge's disagreement with the Sentencing Guidelines' differential treatment of crack and powder cocaine is a permissible basis for judges to impose a lower sentence on a crack dealer than the one specified in the Guidelines.

Panelists include:

  • Ted Cruz, Texas Solicitor General
  • Gregory G. Katsas, Acting Associate Attorney General, U.S. Department of Justice
  • Joan Larsen, Lecturer, University of Michigan Law School
  • Glen Nager, Jones Day Reavis & Pogue partner and Issues & Appeals chair
  • William Otis, former Chief of Appeals of the Eastern District of Virginia U.S. Attorney's Office
  • Jan Crawford Greenburg, ABC News Legal Correspondent (Moderator)
  • Introduction by Lee Liberman Otis, Director, Federalist Society Faculty Division and Senior Vice President