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Hamdan v. Rumsfeld The high court ruled, 5-3, that the Bush administration’s military commissions violated the Uniform Code of Military Justice and the Geneva Conventions. Winner: Neal Katyal, Georgetown University Law Center, Washington Loser: Solicitor General Paul Clement Burlington Northern & Santa Fe Ry. Co. v. White The justices unanimously held that an employer may be liable for retaliatory discrimination under Title VII of the Civil Rights Act of 1964 for any materially adverse actions that would dissuade a reasonable employee from making or supporting a discrimination claim. Winner: Donald A. Donati, Donati Law Firm, Memphis, Tenn. Losers: Carter G. Phillips, Sidley Austin, Washington; Deputy Solicitor General Gregory Garre Gonzales v. Oregon The justices, voting 6-3, held that then-Attorney General John Ashcroft exceeded his authority under the Controlled Substances Act by prohibiting doctors from prescribing certain drugs for physician-assisted suicide under Oregon’s law. Winner: Oregon Senior Assistant Attorney General Robert M. Atkinson, Salem, Ore. Loser: Solicitor General Paul Clement
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