[Pharmwaste] RE: Still waiting for SC announcement

Ed Gottlieb EGottlieb at cityofithaca.org
Mon Feb 2 13:11:19 EST 2015


What a a lawyer friend explained to me today is that the Jan 28th deadline was for filings related to the case.  Two "friend of the court" documents were submitted on that day in support of the legal challenge.  The court has not yet decided if they will hear the case or if they will accept the amici briefs that were filed.  If four or more justices want to hear the case, it will be heard.

My friend said I should hope they let the lower court ruling stand, without hearing the case.  He thinks this is the most activist court since the 1950's.  They pay little heed to precedent when it stands in the way of a making a pro business decision.   I can't help but add that this also seems to apply to their political decisions; consider the case of Bush vs. Gore.

Ed Gottlieb
Chair, Coalition for Safe Medication Disposal
Industrial Pretreatment Coordinator
Ithaca Area Wastewater Treatment Facility
525 3rd Street
Ithaca, NY  14850
(607) 273-8381
fax: (607) 273-8433
________________________________
From: Seery, Scott, Env. Health [scott.seery at acgov.org]
Sent: Monday, February 02, 2015 12:12 PM
To: Ed Gottlieb; pharmwaste at lists.dep.state.fl.us
Subject: RE: Still waiting for SC announcement

There are new statements on this SCOTUS page regarding the writ:

Jan 28 2015

Motion for leave to file amici brief filed by Washington Legal Foundation, et al. .

Jan 28 2015

Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America.



I am not sure what to make from this, or whether it means the case was taken up.

--Scott

From: pharmwaste-bounces at lists.dep.state.fl.us [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Ed Gottlieb
Sent: Wednesday, January 28, 2015 11:02 AM
To: pharmwaste at lists.dep.state.fl.us
Subject: [Pharmwaste] Still waiting for SC announcement

I phoned the U.S. Supreme Court and learned that today was the estimated decision day.  That still may turn out to be accurate.  The staff have no way of knowing exactly when the Justices will make the announcement that they will hear the Alameda case or let the District court decision stand.

By the way, I have heard the argument that the best outcome would be for the court to hear the case and uphold the law.  That precedent would do more to prevent future legal challenges to similar laws than if they simply let the lower court ruling stand.

If you want to be one of the first to know what they decide, check this link regularly:

http://www.supremecourt.gov/search.aspx?filename=/docketfiles/14-751.htm

Ed Gottlieb
Chair, Coalition for Safe Medication Disposal
Industrial Pretreatment Coordinator
Ithaca Area Wastewater Treatment Facility
525 3rd Street
Ithaca, NY  14850
(607) 273-8381
fax: (607) 273-8433
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