Today in Supreme Court History: December 5

Lopez v. Gonzalez, 549 U.S. 47 (decided December 5, 2006): felony under state law which is only a misdemeanor under federal law is not “a felony punishable under the Controlled Substances Act” (18 U.S.C. §924(c)(2)) (here, abetting possession of cocaine) and therefore deportation is only discretionary

Things Remembered, Inc. v. Petrarca, 516 U.S. 124 (decided December 5, 1995): order remanding after removal is not appealable (once it’s out of federal court, it’s gone) (wrinkle here was that remand was to bankruptcy court, not state court, but bankruptcy court had no choice but to remand further to state court)

Pavelic & LeFlore v. Marvel Entertainment, 493 U.S. 120 (decided December 5, 1989): Rule 11 sanctions for a frivolous pleading are to be awarded against the attorney who signed it, not his law firm (Scalia cites text of Rule; in dissent Marshall emphasizes trial judge’s right to control his courtroom, and that trial judge penalized both attorney and firm) (if you want to see an extreme example of Rule 11 “satellite litigation” during those mean years, check out Cooter & Gell v. Hartmax, 1990) (in 1996 or so my adversary once threatened me with a Rule 11 motion for proposing to ask the judge for permission to move for summary judgment)