There was quite a bit of movement over the past few weeks on many of the Supreme Court cases that we’ve discussed. I thought it was time for a quick update.

Cable News Network, Inc., et al. v. CSC Holdings, Inc., et al.

The Supreme Court denied cert yesterday following on the heels of the Department of Justice’s brief arguing that the case wasn’t a suitable vehicle for review.

Reed Elsevier v. Muchnick

I’ve completed the document collection thanks to the ABA, which hosts merits and amicus briefs for all pending Supreme Court cases. The new documents are:

• Brief for the Muchnick Respondents
• Brief of Amici Curiae Publishers in Support of Reversal

Costco Wholesale Corporation v. Omega, S.A

There were a series of amicus briefs filed in Costco before the deadline, none of which were from organized labor. So, it shows you what I know. The briefs are courtesy of Public Knowledge.

• Brief of Amicus Curiae Public Citizen in Support of Petitioner
• Brief of Amici Curiae Public Knowledge, Electronic Frontier Foundation in Support of the Petition
• Brief of Amici Curiae Entertainment Merchants Association and National Association of Recording Merchandisers in Support of Petitioner
• Brief for EBay Inc. as Amicus Curiae in Support of Petitioner
• Brief Amicus Curiae Retail Industry Leaders Association, National Association of Chain Drug Sotres, Amazon.com, Gamestop Corp., Movie Gallery, Inc., Quality King Distributors, Inc., Target Corporation,in Support of Petitioners

Free Enterprise Fund and Beckstead and Watts, LLP, Petitioners v. Public Company Accounting Oversight Board, et al.

Petitioner’s brief is due on July, 27 2009. Anyone who is following the Appointments Clause challenge to the Copyright Royalty Board, or considering potential ramifications for a challenge to the Register of Copyrights should be anxiously awaiting the filing from the Solicitor General. The DOJ has a tough sell in Free Enterprise Fund, given that the appointments at issue were made by a group of people, instead of an individual. At the same time, the case will likely establish a new standard of review for Appointments Clause challenges. It’ll be interesting to see what standard the DOJ suggests, both for the case at bar, and future Appointments Clause challenges.