White House: Obama’s Supreme Court list not yet final

More Americans will be denied their day in court and will not receive the justice they deserve. It doesn’t say “may”, and it certainly is not followed by a clause that says, “Senators don’t have to do their jobs in election years”.

But in a blatantly partisan ploy to prevent President Barack Obama from nominating a successor to Scalia, Senate Republican leader Mitch McConnell has cited a brand new historical precedent dictating that presidents in the past year of their term don’t name new justices to the high court. If such a scenario played out, Obama would become the second former president to become a Justice, the first having been William Howard Taft in 1921. The brouhaha over the next person who will sit on the U.S. Supreme Court is a political game of chess in which the people are being used as pawns.

However, Dow then appealed to overturn the verdict. The Tyson case examines the use of certain statistical methods to calculate total damages in class-action litigation.

Inasmuch as there are cases before the court, it is likely that the founding fathers would have anticipated a timely confirmation. But businesses, during oral arguments in November, didn’t appear to have persuaded the justices. It’s caused Dow Chemical to settle a class-action lawsuit for $835 million. Kloppenburg is supported by liberals and narrowly lost a 2011 Supreme Court race to Justice David Prosser. “With this changing landscape, the unknowns, we just made a decision to put this behind us”.

The settlement is conditioned on the U.S. Supreme Court agreeing to hold Dow’s petition for a writ of certiorari in abeyance and the subsequent approval of the class settlement by the U.S. District Court of Kansas. He declined to elaborate. The court docket otherwise isn’t particularly business-heavy.

“While Dow is settling this case, it continues to strongly believe that it was not part of any conspiracy and the judgment was fundamentally flawed as a matter of class action law”, a Dow news release states.

“If you think about it, Obama is a lame-duck president, for all practical purposes”.

Justice Scalia was a crucial fifth vote on the court, and he wrote the controlling opinions in previous cases that tightened the standards for certifying a class, allowing such cases to proceed.

Dow was one of several companies accused of artificially inflating the price of polyurethane, but the only one to date that had not settled lawsuits over the allegations.

Richard A. Koffman and Donald Perelman, co-lead counsels for the plaintiffs in the case, said the settlement was “an excellent result”. Reagan’s appointment of Kennedy was the closest we have come to such a situation. That outcome could have negatively affected Dow’s continued appeal.

It’s happening again, and over an issue no less critical to the nation than naming a U.S. Supreme Court justice to succeed the late Antonin Scalia.

Veta T. Richardson, chief executive of the Association of Corporate Counsel, a Washington, D.C.-based organization of corporate lawyers, said large corporations remained concerned about how long it may take to fill the vacancy.