Court declines Clinton eligibility case

[Freddie Stubbs]

Source: MSNBC

From NBC's Pete Williams

Three decisions today from the Supreme Court, on technical legal issues. We'll get decisions again this coming Monday, June 14.

The justices today also turned down an appeal from the conservative gadfly group Judicial Watch over Hillary Clinton's eligibility to be Secretary of State. The Constitution bars the appointment to a cabinet job of any member of Congress who voted to raise the position's salary. Because she was in the Senate when the salary of Secretary of State was raised to $191,300, Judicial Watch argued that she was blocked from taking the job.

Congress, sensitive to this criticism, lowered the salary to its previous level before she took office, but Judicial Watch claimed that didn't solve the problem, since the salary was, in fact, raised while she was in the Senate. But the court declined to hear the case.

Read more: http://firstread.msnbc.msn.com/_news/2010/06/07/4474877-court-declines-clinton-eligibility-case

[aquart]

1. IOW, "Shooo, fly."

[elleng]

2. For those interested in 'technical' issues:

In Krupski v. Costa Crociere (09-337), the Court reverses and remands, in an opinion by Justice Sotomayor. The vote is unanimous, with Justice Scalia concurring in part and in the judgment.

Holding: The determination of whether a party who makes a mistake in identifying the other party being sued may still file their claim in a timely manner depends upon what the party to be added to the case knew or should have known about the dispute.
In Hamilton v. Lanning (08-998), the Court affirms in an 8-1 opinion by Justice Alito, with Justice Scalia dissenting alone.

Holding: The proper way to determine whether a Chapter 13 debtor’s income is above the median is to use the “forward-looking approach.”
In Barber v. Thomas (09-5201), the Court affirms on a 6-3 vote. Justice Breyer writes the opinion, while Justice Kennedy dissents, joined by Justices Stevens and Ginsburg.

Holding: The federal Bureau of Prisons’ method for calculating inmates’ good-time credits is upheld.

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