Supreme Court Watch

It was a light week for the Justices of the Supreme Court. There were no oral arguments, the Court refused to hear cases on cock-fighting, and the Court reversed a Texas death penalty case.

Cases considered - -

The Court declined to review an Oklahoma case concerning cock-fighting. Oklahoma voters favored a ban on the blood sport in 2002. Several Oklahoma Courts have upheld the decision of the voters.
The case is Tally v. Oklahoma, 04-329
Yahoo! News - Court Steers Clear of Cockfighting Case

The Court also declined to hear a case involving K-Mart. The Court let stand a lower court ruling that K-Mart that declared K-Mart has no authority to pay "critical" vendors while under bankruptcy protection.

The cases are Irving Pulp & Paper v. Capital Factors, 04-181, Knight-Ridder v. Capital Factors, 03-1581, and Handleman Co. v. Capital Factors et al, 03-1583.
Yahoo! News - Court Declines to Step Into Kmart Dispute

The Court also let stand a ruling by the Colorado Supreme Court that an adoptive couple did not have to return their adopted son to a Missouri women who claims she is the birth mother.
The case is C.M.C. v. G.A.L., 04-184
Yahoo! News - Supreme Court Declines Adoption Dispute

Rulings - -

The Supreme Court overturned the death penalty of a Texas man because the trial court did not consider his learning disability and other evidence.

In another Texas case, the Supreme Court ordered an appeals court to consider whether a Texas inmate should get a chance to challenge his conviction based on the jury not being able to hear evidence of his troubled childhood and emotional disease.

The cases are Smith v. Texas, 04-5323, and Abdul-Kabir v. Dretke, 04-5876.
Yahoo! News - Court Throws Out Texas Death Sentence

Upcoming oral arguments - -

Arguments are scheduled for the week of November 29, 2004 for the following cases.

Ashcroft v. Raich
Docket No. 03-1454


Howell v. Mississippi
Docket No. 03-9560

Whitfield v. United States
Docket No. 03-1293
and
Hall v. United States
Docket No. 03-1294

Jackson v. Birmingham Board of Education
Docket No. 02-1672

Since there will be no activity in the Court the week of November 22, 2004 due to the Thanksgiving holiday, Supreme Court Watch will return on Friday, December 3, 2004.