The Ten Biggest Cases of the Decade (snark added)

Posted by wlansden | Filed under ,

By James Bowden

YLB proudly presents our top ten list of the most significant cases in the last decade, in no particular order. They have all been included because (a) they have added to or changed the practice of law in the United States; (b) they were culturally significant; (c) both; or (d) neither. Anyone wondering why Bush v. Gore didn’t make the list will unfortunately have to go wanting. Feel free to make suggestions for additions or to openly mock our choices in the comments. 

  1. Gratz (and Grutter) v. Bollinger, 539 U.S. 244 (2003) – Affirmative action programs which discriminate solely on the basis of race – not O.K. Giving applicants a bump based on their offering a diverse background to the benefit of all of the students and the overall curriculum – well, you’ve got some wiggle-room there.
  2. Kelo v. New London Connecticut, 545 U.S. 469 (2005) – It ends up that now the government can invoke eminent domain to take property from one private citizen and give it to another to increase tax base. In fact, per Justice Stephens, the government always could.
  3. Hamdi v. Rumsfeld 548 U.S. 557 (2006) – Yes, Mr. President, we know that you’re calling them “Enemy Combatants.” But the Uniform Code of Military Justice, the Geneva Convention, and the United States Constitution still apply. I know, being president is tough.
  4. Gonzales v. Carhart 550 U.S. 124 (2007) – Despite its failure to use medical terms to define the procedures which it prohibits, the Partial Birth Abortion Ban Act of 2003 (18 U.S.C. §1531 et seq.) is constitutional. The smart money is that this won’t be the last time the abortion issue rears its ugly head in the chambers at One First Street.
  5. Gonzales v. Raich, 545 U.S. 1 (2005)  – Sorry glaucoma patients; just because the state police won’t come a’knockin’ with cuffs when you “take your medicine” doesn’t mean the DEA can’t.
  6. The Trial of Kenneth Lay – Pay attention, children: the punishment for massive securities fraud and embezzlement is to die of natural causes while on vacation in a ski chalet near Aspen, Colorado. Now, how many of you want to be the C.E.O. of a large energy conglomerate?
  7. People v. Michael Jackson – Media Circus 101. That is all.
  8. Bell Atlantic Corp. et al. v. Twombly et al., 550 U.S. 544 (2007) – In a shocking decision which has shaken the concept of notice pleading under the Federal Rules of Civil Procedure to their foundation, the likelihood that facts supporting a plaintiffs’ complaint  will be adduced at trial must be plausible.  Note to you wacky pro se litigants: please, please do not take this ruling as an indication that you should cease to file the hilarious complaints that bring us so much joy.
  9. Stoneridge Investment Partners v. Scientific Atlanta, 552 U.S. 148 (2008) – In a decision closely followed closely by securities attorneys and other malcontents, the SCOTUS holds that there is no secondary liability for aiding and abetting under the anti-fraud provisions of federal securities law. Word to the wise for the ethically challenged - pigs get fat and hogs get slaughtered; egregious behavior can still land you a trial as a primary violator.
  10. District of Columbia v. Heller 554 U.S. __ (2009) – SCOTUS looks closely at the Second Amendment, finds an individual right to bear arms where once there was only a collective right. You know the guy down the street that is stockpiling guns to defend himself when the government comes to take them all away because it is his right? Well,   he’s right. At least as long as he lives in the District of Columbia.

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