Order List

October 15, 2007 Supreme Court Update

Greetings, Court Fans!
Not much to report at the moment, as the Court will not hear any arguments this week or next – so barring another unexpected quick ruling we will probably will not darken your inbox much for the next two weeks. The Court, however, did issue an order list today that granted cert in one notable criminal case, in which the Court essentially will define the scope of the federal money laundering statute, 18 U.S.C. § 1956. The case, Cuellar v. United States (06-1456), asks (our emphasis added): "whether merely hiding funds with no design to create the appearance of legitimate wealth is sufficient to support a money laundering conviction."
For any education practitioners out there, we have one other item of note. Last week we reported that, thanks to the recusal of Justice Kennedy, the Court split 4-4 in Board of Education of the City School District of New York v. Tom F., upholding a Second Circuit ruling that parents of a disabled child can obtain reimbursement of private school tuition under the Individuals with Disabilities Education Act even if the child has never received public special education services before. We noted then that the Court still had a similar case on its docket that, were Kennedy to participate, might lead to a binding precedent from the Court. Well, that's not the case anymore, as the Court denied cert in Board of Education, Hyde Park v. Frank C. As in Tom F., Kennedy did not participate. So for now the Second Circuit ruling in Tom F. still stands.
That's all – until next time, thanks for reading!
Ken & Kim

From the Appellate Practice Group at Wiggin and Dana
For more information, contact Kim Rinehart, Ken Heath, Aaron Bayer, or Jeff Babbin at 203-498-4400