Supreme Court October Term 2009: What Is in Store?

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Supreme Court October Term 2009: What Is in Store?October 5th marks the first day of the 2009 Supreme Court term. Thus far the Court's docket includes major cases concerning the First Amendment, the separation of powers, civil procedure, criminal law, intellectual property, mutual fund advisers' fees, takings, and more. Notable cases include Free Enterprise Fund v. Public Company Accounting Oversight Board, which concerns whether a major provision of the Sarbanes-Oxley Act is consistent with the principle of separation of powers; Graham v. Florida, which concerns the constitutionality of life without parole for juvenile criminals; United States v. Stevens, which concerns the constitutionality of a federal law criminalizing certain videos and other depictions of animal cruelty; and Jones v. Harris, which asks whether a shareholder may challenge a mutual fund investment adviser's fee as excessive under the Investment Company Act of 1940. The Court is also sure to add other significant cases when it meets for its opening conference on September 29. In addition to discussing these cases and others, the panelists will discuss Citizens United v. FEC, the case from last term involving the constitutionality of McCain-Feingold that was re-argued on September 9. Finally, the panelists will discuss the general direction of the Court, including the effect of the departure of Justice Souter and the addition of Justice Sotomayor.


  • Hon. Walter E. Dellinger III, Partner & Chair of the Appellate Practice, O’Melveny & Myers
  • Prof. Orin S. Kerr, Professor of Law, George Washington University Law School
  • Ms. Cleta Mitchell, Partner, Foley & Lardner
  • Prof. Nicholas Quinn Rosenkranz, Associate Professor of Law, Georgetown University Law Center
  • Mr. Gene C. Schaerr, Partner & Chair of Appellate, Critical Motions, and Constitutional Litigation Practice, Winston & Strawn
  • Moderator: Mr. Robert Barnes, The Washington Post