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MASSACHUSETTS V. EPA In its first global warming-related challenge, the high court, in a 5-4 decision, rejected the Bush administration’s position that the Environmental Protection Agency had no authority under the federal Clean Air Act to regulate greenhouse gas emissions by new motor vehicles. Winner: Massachusetts Assistant Attorney General James R. Milkey Loser: Deputy Solicitor General Gregory Garre GONZALES V. CARHART In a 5-4 decision, the justices upheld the federal Partial-Birth Abortion Ban Act of 2003, which prohibits intact dilation and extraction abortion procedures and provides no exception to preserve the woman’s health. Winner: Solicitor General Paul Clement Losers: Priscilla J. Smith of the Center for Reproductive Law & Policy in ‘Carhart’; Eve C. Gartner of Planned Parenthood Federation in ‘Gonzales v. Planned Parenthood’ PARENTS INVOLVED V. SEATTLE SCHOOL DISTRICT NO. 1 The high court, voting 5-4, struck down as unconstitutional two school districts’ use of race as a factor in the assignment of students to public schools. Winners: Harry J.F. Korrell of Seattle’s Davis Wright Tremaine in ‘Seattle School District No. 1′; Teddy B. Gordon of Louisville, Ky., in ‘Meredith v. Jefferson County Board of Education’; Solicitor General Paul Clement Losers: Michael Madden of Seattle’s Bennett Bigelow & Leedom in ‘Seattle School District No. 1′; Francis J. Mellen Jr. of Louisville’s Wyatt, Tarrant & Combs in ‘Jefferson County Board of Education’ FEC V. WISCONSIN RIGHT TO LIFE A 5-4 majority held that the federal ban on a corporation’s use of general treasury funds to finance “electioneering communications” was unconstitutional as applied to three broadcast ads proposed by Wisconsin Right to Life in 2004. Winner: James Bopp Jr. of Bopp, Coleson & Bostrom in Terre Haute, Ind. Loser: Solicitor General Paul Clement KSR V. TELEFLEX A unanimous high court held that the U.S. Court of Appeals for the Federal Circuit had applied its “teaching, suggestion and motivation” test for “obviousness” of an invention in a too rigid and limiting manner. Winners: James W. Dabney of New York’s Fried, Frank, Harris, Shriver & Jacobson; Deputy Solicitor General Thomas Hungar Loser: Thomas C. Goldstein of the Washington office of Akin Gump Strauss Hauer & Feld LEDBETTER V. GOODYEAR TIRE The justices, voting 5-4, held that Title VII’s statute of limitation period (180 or 300 days) begins to run when “each allegedly discriminatory pay decision was made and communicated” to the employee, and does not start over with each later paycheck. Winner: Glen D. Nager of the Washington office of Jones Day Losers: Kevin K. Russell of Washington’s Howe & Russell; Assistant to the Solicitor General Irving L. Gornstein SCOTT V. HARRIS An 8-1 high court held there was no Fourth Amendment violation when a police officer used deadly force to stop a car chase that ended in a crash that paralyzed the teenaged driver. Winner: Philip W. Savrin of Atlanta’s Freeman Mathis & Gary; Deputy Solicitor General Gregory Garre Loser: Craig T. Jones of Atlanta’s Edmond & Jones MORSE V. FREDERICK In the “Bong Hits 4 Jesus” banner challenge, a 5-4 majority held that a school may restrict student speech at a school event, without violating the First Amendment, when that speech is reasonably interpreted as promoting drug abuse. Winner: Kenneth W. Starr, dean of Pepperdine University School of Law and of counsel to Kirkland & Ellis; Deputy Solicitor General Edwin S. Kneedler Loser: Douglas K. Mertz of Juneau, Alaska HEIN V. FREEDOM FROM RELIGION FOUNDATION The court, voting 5-4, held that taxpayers do not have standing to challenge the Bush administration’s use of federal funds to support its Office of Faith Based and Community Initiatives as a violation of the establishment clause. Winner: Solicitor General Paul Clement Loser: Andrew J. Pincus of the Washington office of Mayer, Brown, Rowe & Maw RITA V. U.S. In an 8-1 decision, the justices held that federal appellate courts may give a presumption of reasonableness to criminal sentences that fall within the advisory Federal Sentencing Guidelines. Winner: Deputy Solicitor General Michael Dreeben Loser: Assistant Federal Public Defender Thomas N. Cochran of Greensboro, N.C.

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