The 3rd Circuit Court of Appeals declined to let such an exception stand. But the Supreme Court today announced that they would hear the case (U.S. v. Stevens).
By the way, SCOTUSBlog's latest stat pack is out, looking at the cases decided so far this term. As usual, the Supreme Court reverses most of the lower court decisions it hears. As far as which justices are voting with each other the most, Roberts, Scalia and Alito very rarely disagree. Souter and Ginsberg are also rarely in opposition to each other.
Posted by armand at April 20, 2009 12:30 PM | TrackBack | Posted to Law and the Courts