Cuccinelli's Sodomy Battle
Few, except Virginia Attorney General and gubernatorial candidate Kenneth Cuccinelli will lament this rejection, which was an appeal of the Fourth Circuit's striking of Virginia's "Crimes Against Nature" law. The statute, which nearly matched the now-repudiated Georgia statute from Bowers v. Hardwick word-for-word, was facially overbroad, yet Cuccinelli argued that it was constitutional as applied (to child predators and other sex offenders) and should have stood.
Execution of Warren Lee Hill
This one, for those who have been following the case, is a heartbreaker. Hill, who has been diagnosed as "mentally retarded" by all experts who have examined him, had his death sentence upheld on procedural grounds by the Eleventh Circuit, despite the execution being unconstitutional per Atkins v. Virginia.
Florida Tobacco Litigation
It's been bad times for Big Tobacco. Last month, the Eleventh Circuit upheld the use of res judicata in individualized trials between smokers and Big Tobacco on the issues of duty of care, manufacture of defective cigarettes, and concealed information about harm.
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