Statutory Construction Blog

Tid Bits

The Libby Statutory Construction Issue. There's an article here about the judge's interpretation of why the Bush commutation didn't, at least according to the judge, also void the probation imposed by the judge. (No doubt, he'll appeal.)

Civil Rights Fee Awards. Interesting opinion here about whether a White Shoe firm that takes on a civil rights case that will get its reputation enhanced can have any statutory fee award reduced.

Interesting Case of First Impression on Limitations

In U.S. v. Kozeny, __ F.Supp.2d __, 2007 WL 1821703 (S.D.N.Y. June 21, 2007), the district court had to determine the interplay between the five year catch-all statute of limitations (under 18 USC 3282) and a provision tolling limitations for the government to collect evidence abroad (under 18 USC 3292). (I couldn't find the case on the court's website). The specific issue was whether it took an application to a a foreign government to toll limitations, or a motion for an order of the court to do so, since limitations had ran after the applicaiton to the foreign goverment for evidence, but before the government moved for an ordered suspending limitations. The court created a split by holding that the goernment had to file its motion before limitations expired.

Standing Case Decided by 6th Circuit

The Sixth Circuit, in a panel decision with three separate opinions, on July 6, 2007 held that plaintiff attorneys who feared that their e-mail and telephone conversations were being intercepted pursuant to the infamous "Terrorist Surveillance Program" lacked standing to challenge the constitutionality of this program.  ACLU v. Nat'l Sec. Agency, __ F.3d __ (6th Cir. July 2007).  The 65-pages of opinion are hard to condense, but in the majority's view, the only way you have standing to challenge an unconstitutional surveillance program is to show that your rights, in fact, have been violated.  Given that the government won't say who it's monitoring...