Monday, June 27, 2005

The SCOTUS Today

Today, the Supreme Court will hand down the term's second-most important batch of decisions. The most important decision -- Kelo -- came down last week. The more visceral decisions come today -- the two Ten Commandments decisions. In addition to those emotional, but ultimately marginal, decisions, the Court will clarify the application of copyright to file-sharing services; pass on whether cable services are information or communication technologies for purposes of must-lease rules; and will rule on the cert. petition of Miller/Cooper regarding their potential incarceration for failing to name sources in D'Affair du Plame. There may also be retirements.

I'll post my thoughts on some of the decisions later (certainly on Grokster) but, suffice to say, after today only the academy and interested lawyers will continue to talk about the virtual elimination of private property rights effected by Kelo. Kelo is over as a subject of mainstream media discussion. No doubt, that is precisely why Kelo was rendered last week.

See Goldstein & Howe's SCOTUSBlog for updates and links to discussion around the blawgosphere. Or, even better, hunt up the discussion at the Conspiracy -- it will assuredly be more interesting than the sometimes dry reporting at SCOTUSBlog.