Monday, October 6, 2008

The First Monday in October

This is the first Monday in October and the first day of a new Supreme Court term. This is a fact worth remembering in unsettling times - following the Judiciary Act of 1789, the Court's first term was 1790, beginning an unbroken committment to the rule of law.

The first case on today's docket is Altria Group, Inc. v. Good, docket no. 07-562. The issue is an interesting one of federalism and pre-emption: "Whether state-law challenges to FTC-authorized statements regarding tar and nicotine yields in cigarette advertising are expressly or impliedly preempted by federal law." Forty-seven states and DC filed an amicus brief on behalf of respondents private plaintiffs seeking to sue in Maine state court under state law. The ABA is hosting the briefs in this case and, on a rolling basis, all others to be decided this term by the Court.

1 comment:

Alison M. Kilmartin said...

I understand from listening to NPR this morning that for the October 2008 term the Court has taken on mostly business issues, sending hot social issues to the cert. denied bin.

As students we are often puzzled by the outcomes of SCOTUS cases, only to look at the year and think to ourselves, "Ah, yes, around the time of the Great Depression. That explains things a bit." I wonder if future generations of law students when studying cases decided in the upcoming term will look at the date, and think, "Ah, yes, around the time of the great bailout of '08." We shall see . . .