The appeals court said Lamberth, who held successive Democratic and Republican Interior Department secretaries in contempt of court, had lost his objectivity in the case.

The court also refused to review another appeals court ruling that reversed Lamberth’s order that the Interior Department disconnect its computers from the Internet for failing to provide adequate security for the Indians’ trust records.

The class-action suit, filed in 1996 by Elouise Cobell of the Blackfeet Tribe in Montana, deals with individual Indians’ lands. Several tribes have also sued, claiming mismanagement of their lands.

Earlier this month the government proposed paying $7 billion to settle the lawsuits, but only roughly half of that would go to the plaintiffs.

Lawmakers have said they plan hearings on the proposal. The Indians have said they would accept $27.5 billion to end the litigation.

Foley & Lardner LLP announced today that two attorneys in its Washington, D.C. office have been named 2007 "Super Lawyers" by Law & Politics Media, Inc.

The Foley attorneys named and their primary practices as classified by Law & Politics are Richard G. Stoll, environmental and administrative law and Jay N. Varon, antitrust litigation.

Richard G. Stoll is a partner and a member of the firm's Environmental Practice. Stoll concentrates his practice on federal administrative and environmental law matters. He counsels corporations and trade associations on environmental issues before the U.S. Environmental Protection Agency (EPA) and state environmental agencies. He also represents clients in a variety of administrative law issues before other federal agencies. Stoll serves as an expert witness and arbitrator in environmental litigation and environmental disputes and handles EPA and state enforcement actions and rulemaking challenges.

Jay N. Varon is a partner in the firm's Antitrust Practice. He has litigated a broad cross-section of commercial cases around the country, including antitrust and unfair competition, consumer finance and deceptive trade practice involving matters relating to the Real Estate Settlement Procedures Act of 1974 ("RESPA"), the Fair Credit Reporting Act, ("FCRA"), Truth In Lending Act ("TILA"), "fair lending" and related federal and state unfair trade practice and consumer protection laws, as well as cases dealing with trade secrets, employment, environmental, business tort, securities fraud, product liability and breach of contract issues. He is a former chair of the firm's Antitrust Practice and of its Washington, D.C. Litigation Department.

To compile the annual list, Law & Politics surveyed more than 17,000 lawyers practicing in the District of Columbia, asking them to vote for the best lawyers they have personally observed in action. The final list features the top five percent of Washington attorneys in more than 60 areas of practice and will be published in the June issue of Washington Law & Politics and in a special supplement in The New York Times. Foley & Lardner LLP provides the full range of corporate legal counsel. Our attorneys understand today's most complex business issues, including corporate governance, securities enforcement, litigation, mergers and acquisitions, intellectual property counseling and litigation, outsourcing and information technology, labor and employment, and tax. The firm offers total solutions in the automotive, emerging technologies, energy, entertainment and media, financial services, food, golf and resort services, insurance, health care, life sciences, nanotechnology, and sports industries.

Not so, said Washington attorney Theodore Olson, representing a manufacturer of women's accessories.

The idea that such agreements are automatically illegal is "outdated, misguided" and the restriction itself is anti-competitive, Olson argued.

The case stands at the intersection of discount chains and such niche retailers as Kay's Kloset in Texas, which lowered its prices below an agreed-upon minimum with manufacturer Leegin Creative Leather Products Inc. Leegin cut off its shipments to the family owned business when Phil and Kay Smith refused to raise their prices.

Leegin said that by maintaining price consistency among its retailers, stores can offer improved customer service. The extra service, said the manufacturer, enables smaller stores to compete against rival brands sold by bigger cut-rate competitors.

If the old standard is abandoned, what about the argument that every American will pay far more, asked Justice Stephen Breyer.

Representing the Bush administration, Deputy Solicitor General Thomas Hungar said that there is a consensus among economists that such agreements are not necessarily anti-competitive.

Consumers "want other things besides cheap," said Justice Antonin Scalia. Some consumers prefer more service at a higher price, said Scalia, and the fact that such price-floor agreements might raise prices "does not prove anything."

The Smiths successfully sued Leegin, and the 5th U.S. Circuit Court of Appeals affirmed the jury's finding that Leegin and its retailers agreed to fix retail pric-es on the manufacturer's Bright-on brand.

If Leegin can get the 1911 Supreme Court ruling overturned, it would be much more difficult for the Smiths to prevail because they would have to show that the Leegin agreement is anti-competitive.

President Bush, making a brief statement to reporters in the Rose Garden, struck an optimistic tone that echoed how aides said Snow was feeling. Mr. Bush said he looked forward to the day when Snow returns to the White House.

"His attitide is one that he is not going to let this whip him," Mr. Bush said. "My attitude is that we need to pray for him."

Snow underwent surgery Monday to remove a small growth in his lower abdomen, a procedure he said last Friday was being done "out of an aggressive sense of caution" because he had colon cancer two years ago.

Doctors determined that the growth was cancerous, and found during the surgery, which was exploratory, that his cancer had metastasized, or spread, to his liver, Perino said.

On the floor of the House of Representatives, Congressman Roy Blunt, R-Mo., said, "I've known Tony, we've all known Tony, for a long time and my belief is if anybody has the stamina and the fortitude and the positive nature to deal with this challenge, he has it," Blunt, who has also battled cancer, said.

"We're wishing him well and frankly hope he is back to work soon, because we need him," Blunt said.

Virginia Governor Timothy M. Kaine announced Monday that he has vetoed five bills promoting the death penalty. House Bill 2750 and House Bill 2347  sought to make the murder of a judge and the murder of a witness in a criminal case, respectively, into capital crimes; Senate Bill 1116 proposed a similar measure. House Bill 2348 and its counterpart Senate Bill 1288 would have made accessories to first degree murder eligible for the death penalty. Kaine acknowledged the seriousness of the targeted offenses but said he did not believe that it was necessary to expand the death penalty "to protect human life or provide for public safety needs."

Kaine, a Democrat and a Roman Catholic, ran his 2005 campaign as an anti-death penalty candidate, but said he would not disrupt the current state laws. Monday's vetoes are expected to be overturned by the predominately Republican Virginia General Assembly during a vote on April 4. Virginia currently has the second-highest number of executions in the US after Texas.