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Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


"Supreme Court Strikes Down Louisiana Abortion Restrictions/The case, over a state law requiring doctors performing abortions to have admitting privileges at nearby hospitals, is the first abortion ruling since two Trump appointees joined the court."

Adam Liptak reports at the NYT.This isn't the slightest surprise to me.ADDED: The 5-4 decision has Roberts taking the side that is grounded strongly in precedent. [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, Abortion, Trump, John Roberts, Roberts, Adam Liptak, Ann Althouse


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Tuesday round-up

Yesterday the court issued one decision, in Liu v. Securities and Exchange Commission, holding 8-1 that the SEC can seek disgorgement of profits as a remedy in court for violating the securities fraud laws if the amount does not exceed the wrongdoer’s net profit and is awarded for the victims. Ronald Mann analyzes the opinion for this blog. Adam Liptak reports for The New York Times that the ruling “preserv[es] a tool that has allowed [the SEC] to recover billions of dollars[, b]ut the justices ...
Tags: Supreme Court, Law, Bloomberg, Chicago, New York Times, SEC, Department Of Homeland Security, University Of California, Federal Trade Commission, Securities And Exchange Commission, Round-up, Sonia Sotomayor, U S Supreme Court, Stephens, EEOC, Liu


Friday round-up

Yesterday the Supreme Court decided another of the term’s most closely watched cases, Department of Homeland Security v. Regents of the University of California, ruling that the government’s decision to terminate the DACA program, which allowed undocumented young people brought to this country as children to apply for protection from deportation, violated the procedural requirements prescribed for administrative agencies. Amy Howe analyzes the opinion for this blog, in a post that was first publ...
Tags: Usa, Texas, Supreme Court, Law, Congress, Court, US, Bloomberg, Joe Biden, Cnn, Atlantic, New York Times, Fox News, Npr, Donald Trump, Ada


Monday round-up

Briefly: At Politico, Marianne LeVine and Sarah Ferris report that “[t]he Supreme Court is expected to rule in the coming weeks on the fate of an Obama-era program to shield undocumented immigrants brought to the U.S. as children, delivering a jolt to Washington amid a global pandemic and historic unrest over the killing of African Americans at the hands of police.” Adam Liptak writes for The New York Times that “[l]ast week, Justice Sonia Sotomayor added her voice to the criticism” of the prac...
Tags: Supreme Court, Law, Obama, Washington, Georgia, New York Times, Round-up, Sonia Sotomayor, Adam Liptak, 11th Circuit, United States Court of Appeals, Alabama Florida, Sarah Ferris, Marianne LeVine, Kansas City Star Dylan Hosmer Quint


Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday the court denied, at least for now, “a request by the federal government to put a temporary hold on an order by a federal court that could lead to the release or transfer of over 800 inmates from a federal prison where nine inmates have died from COVID-19.” For The Washington Post (subscription required), Robert Barnes reports that “[t]he court left open the door for the administration[:] It said a...
Tags: Supreme Court, Law, California, Washington Post, Court, Cnn, Wisconsin, San Diego County, The Washington Post, DOE, Vra, Round-up, Robert Barnes, McKesson, Howe, Adam Liptak


Friday round-up

Briefly: Mark Sherman reports for AP that “President Donald Trump won at least a temporary reprieve from the Supreme Court earlier this week in keeping secret grand jury materials from the Russia investigation away from Democratic lawmakers”; “[t]he president and his administration are counting on the justices for more help to stymie other investigations and lawsuits.” For , Adam Liptak reports that “[t]he Supreme Court on Thursday turned down a request from Idaho prison officials to block cou...
Tags: Supreme Court, Law, Mexico, Russia, Ap, Idaho, Donald Trump, Trump, Round-up, Democratic, Mark Sherman, U S Supreme Court, Adam Liptak, Amy Howe, Tom Goldstein, Bloomberg Law


Friday round-up

Yesterday the court issued a unanimous decision in trademark case Lucky Brand Dungarees v. Marcel Fashions Group, holding that because Marcel is raising claims it did not raise in a previous suit between the parties, Lucky Brand is not precluded from raising new defenses. Megan La Belle analyzes the opinion for this blog. For (subscription required), Brent Kendall and Jess Bravin cover Wednesday’s arguments in Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether t...
Tags: Google, New York, Texas, Supreme Court, Law, California, Washington, America, Bloomberg, New York Times, Ruth Bader Ginsburg, Trump, Round-up, Lucky Brand, Sonia Sotomayor, Josh Blackman


Thursday round-up

Amy Howe analyzes yesterday’s arguments in Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots, for this blog, in post that first appeared at Howe on the Court. Ariane de Vogue reports at CNN that “[b]y the end of arguments, some justices seemed prepared to reject arguments from lawyers for so-called faithless ele...
Tags: New York, Supreme Court, Law, Washington Post, Washington, Nbc News, Bloomberg, Cnn, Npr, Republican, Vox, ABA Journal, Trump, Round-up, John Roberts, Josh Blackman


Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots. Amy Howe previewed the cases for this blog, in a post that first appea...
Tags: New York, Supreme Court, Law, Congress, Colorado, Washington Post, Washington, Bloomberg, United States, House, New York Times, Manhattan, Fox News, Michigan, Npr, Oklahoma


Friday round-up

Yesterday the court released two unanimous opinions. In Kelly v. United States, the justices reversed federal fraud convictions stemming from the “Bridgegate” controversy in New Jersey because the scheme did not aim to obtain money or property. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Subscript Law also has a decision analysis. Adam Liptak and Nick Corasaniti report for The New York Times that “Justice [Elena] Kagan wrote that the defendant...
Tags: New York, Justice, Supreme Court, Law, Washington, Court, Cnn, Pennsylvania, United States, House, New York Times, New Jersey, Fox News, Npr, Donald Trump, Justice Department


Monday round-up

This morning the Supreme Court will kick off a two-week session of oral arguments that will change its traditional practice in unprecedented ways: It will hear the arguments by telephone and it will provide live audio of the proceedings to the public. First up is U.S. Patent and Trademark Office v. Booking.com, which asks whether the addition of “.com” to a generic term creates a protectable trademark. Jessica Litman previewed the case for this blog. Soo Min Ko has a preview for Cornell Law Scho...
Tags: Supreme Court, Law, Congress, Court, Pennsylvania, New York Times, Donald Trump, Abc News, Department Of Homeland Security, University Of California, Trump, Round-up, Fed, Peter, U S Supreme Court, The Supreme Court


Friday round-up

Yesterday the Supreme Court released three more decisions. In County of Maui, Hawaii v. Hawaii Wildlife Fund, the court held 6-3 that a Clean Water Act permit is required for either a direct discharge of pollutants into navigable waters or its functional equivalent. Lisa Heinzerling analyzes the opinion for this blog. At Bloomberg Law, Ellen Gilmer and Amena Saiyid report that “[t]he decision narrows an environmentalist-favored standard an appellate court adopted in 2018, but rejects the industr...
Tags: Supreme Court, Law, Congress, Court, Bloomberg, United States, Hawaii, Wisconsin, Npr, Christian, Louisiana, Vox, CWA, Foley Hoag, Round-up, John Roberts


Wednesday round-up

At The Washington Free Beacon, Kevin Daley reports that Monday’s decision in Ramos v. Louisiana, in which a fractured court ruled that the Constitution requires a unanimous jury verdict in state criminal trials, “featured a continuing debate over the force of precedent” that “was something of a proxy for disputes over basic principles.” The editorial board of (subscription required) observes that the ruling “offers an illuminating look at the diversity of conservative thought.” Matt Ford write...
Tags: Supreme Court, Law, Court, New York Times, Wisconsin, Epa, Christian, Louisiana, Foley Hoag, ABA Journal, Round-up, New Republic, Josh Blackman, Adam Liptak, Ramos, Mark Walsh


"In 1972, the Supreme Court ruled that the Sixth Amendment guarantees a right to a unanimous jury – but that defendants in state trials do not have such a right."

"[Monday], by a vote of 6-3, the justices reversed course, holding that the Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts. The ruling is significant not only for the inmates who were convicted by nonunanimous juries in Louisiana and Oregon, but also for the extent to which the justices were deeply splintered as they debated whether and when to overturn longstanding precedent.... Justice Neil Gorsuch wrote for the majority, in an opinion tha...
Tags: England, Crime, Supreme Court, Law, Oregon, States, Louisiana, Blackstone, Jim Crow, Ku Klux Klan, Sonia Sotomayor, Don, John Roberts, Adam Liptak, Alito, Stephen Breyer


Monday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that on Saturday, “Planned Parenthood asked the justices to vacate a ruling by a federal appeals court and to allow ‘medication abortions’ – that is, abortions induced by taking two pills by mouth – to go forward while it challenges a near-total ban on abortions in Texas” imposed as a result of the coronavirus pandemic. At The Hill, John Kruzel and Marty Johnson report that “[a]t the moment, Texas women are prohi...
Tags: Texas, Supreme Court, Law, California, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, Wisconsin, Republican National Committee, Round-up, Robert Barnes, Howe


Friday round-up

In an op-ed for The Washington Post (subscription required), Laurene Powell Jobs worries that “if the Supreme Court allows the Trump administration to terminate DACA” in Department of Homeland Security v. Regents of the University of California, “roughly 29,000 … DACA recipients who are health-care practitioners face the risk of termination and deportation just as a shortage of medical personnel is stretching hospital systems already overburdened by coronavirus.” Other looks at DACA recipients o...
Tags: Post, Supreme Court, Law, Washington Post, Comcast, New York Times, Wisconsin, Times, Vox, Department Of Homeland Security, University Of California, Republican National Committee, Trump, Round-up, Adam Liptak, Linda Greenhouse


Tuesday round-up

Yesterday evening, the court, by a vote of 5-4 along ideological lines, granted a request by the Republican National Committee and the Republican Party of Wisconsin to block a lower court order extending the deadline for mailing absentee ballots in Wisconsin’s primary election today. In a post for this blog that first appeared at Howe on the Court, Amy Howe reports that the opinion “by a sharply divided court means that in-person voting will go on [today] as scheduled; absentee ballots will be c...
Tags: Supreme Court, Law, Washington, Court, New York Times, Wisconsin, Kansas, Npr, Usa Today, Ada, Republican National Committee, Trump, Round-up, The Supreme Court, Howe, Adam Liptak


Monday round-up

Ariane de Vogue reports at CNN that “[u]ndocumented immigrants who work as health care providers are asking for their efforts fighting the coronavirus to be taken into consideration as the Supreme Court considers the Trump administration’s bid to phase out the Deferred Action for Childhood Arrivals program,” in Department of Homeland Security v. Regents of the University of California. For The New York Times, Adam Liptak reports that in a letter filed with the court on Friday, attorneys for a gr...
Tags: Usa, Supreme Court, Law, Washington Post, New York City, Court, Cnn, Comcast, Ada, Department Of Homeland Security, Trump, Round-up, Robert Barnes, Adam Liptak, Richard Wolf, Pacific Legal Foundation


Tuesday round-up

Because of concerns about the spread of the coronavirus, the Supreme Court has postponed the oral argument session that was scheduled to begin on Monday, March 23. Amy Howe covers the announcement for this blog, in a post that first appeared at Howe on the Court. At The Hill, John Kruzel reports that “[t]he postponement affects six days of oral arguments slated for late March and April 1, including a March 31 dispute involving efforts by House Democrats and New York state prosecutors to obtain y...
Tags: New York, Supreme Court, Law, Mexico, Politico, House, New York Times, Seattle, Trump, Round-up, Stephens, Equal Employment Opportunity Commission, Howe, Adam Liptak, Josh Gerstein, Amy Howe


Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding one case to its merits docket for next term, Jones v. Mississippi, which asks whether the Constitution requires a sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that “[t]he case, involving a teenager wh...
Tags: Google, Mississippi, Supreme Court, Law, Congress, Senate, Pennsylvania, Yale, New York Times, Louisiana, Oracle, Jones, Trump, Round-up, Howe, Adam Liptak


"A comprehensive new study from two law students at Yale shows that routinely granting argument time to the solicitor general is a recent and curious phenomenon."

"The study asks the provocative question of whether giving the solicitor general this preferred position makes any sense. 'What we’re asking for is really for the court just to apply the same standard to all amici, whether they’re from the solicitor general’s office or not,' said Darcy Covert, who conducted the study with A.J. Wang. 'In cases where the connection to the federal government is particularly tenuous and the motivation for the solicitor general entering the case may be ideological, i...
Tags: Supreme Court, Law, Obama, Yale, Abortion, Justice Department, Adam Liptak, SG, Ann Althouse, Jeffrey B Wall, Darcy Covert


Thursday round-up

Yesterday the Supreme Court heard argument in one of this term’s major cases, June Medical Services v. Russo, which involves a challenge to a Louisiana law requiring physicians who perform abortions to have admitting privileges at a nearby hospital. Amy Howe analyzes the argument for this blog, in a post that first appeared at Howe on the Court. Mark Walsh has a “view” of the argument from the courtroom for this blog. For The Washington Post (subscription required), Robert Barnes and Ann Marimow...
Tags: Texas, Supreme Court, Law, Washington Post, Senate, Court, Cnn, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Vox, Department Of Homeland Security, Wall Street Journal


Tuesday round-up

This morning the justices have two oral arguments on their agenda. The first is in Seila Law v. Consumer Financial Protection Bureau, a high-profile constitutional challenge to the structure of the CFPB. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Gabrielle Kanter and Joseph Grosser have a preview for Cornell Law School’s Legal Information Institute. At Subscript Law, Michael Hollingsworth provides a graphic explainer. Nina Totenberg reports at ...
Tags: Google, Supreme Court, Law, Congress, California, Washington Post, Washington, Politico, Court, Cnn, New York Times, House Of Representatives, SEC, Fox News, Npr, Las Vegas


Wednesday round-up

The justices have one oral argument on their agenda this morning, in Lomax v. Ortiz-Marquez, about whether dismissal without prejudice for failure to state a claim counts as a “strike” under a federal statute that limits prisoners’ ability to file lawsuits without paying the filing fees. Margo Schlanger previewed the case for this blog. Emma Horne and Nicole Jaeckel have a preview at Cornell Law School’s Legal Information Institute. Yesterday, the justices boosted their disposition rate for th...
Tags: Supreme Court, Law, Congress, Washington Post, Ap, United States, New York Times, Arizona, Fox News, Philadelphia, Vox, Ruth Bader Ginsburg, Forest Service, Trump, Round-up, Thomas


Monday round-up

This morning the justices return to the bench for the February argument session. First on the agenda is the oral argument in U.S. Forest Service v. Cowpasture River Preservation Association, involving the power of the Forest Service to grant rights of way through lands traversed by the Appalachian Trail. Noah Sachs previewed the case for this blog. Philip Duggan and Kaitlyn Marasi have a preview at Cornell Law School’s Legal Information Institute. At Subscript Law, Mariam Morshedi provides a gra...
Tags: Google, Justice, Supreme Court, Law, Washington Post, Oregon, Court, America, Cnn, United States, New York Times, Sudan, SEC, Louisiana, Illinois, Vox


Tuesday round-up

Briefly: Emma Platoff reports at The Texas Tribune (via How Appealing) that “Texas Attorney General Ken Paxton asked the U.S. Supreme Court on Monday to strike down a 2016 California law that bans state-funded travel to states with discriminatory laws — a list Texas landed on nearly three years ago after the Legislature approved a religious-refusal law for adoptions in the state.” According to Ariane de Vogue at CNN, “Justice Ruth Bader Ginsburg, a long-time supporter of the Equal Rights Amendm...
Tags: Texas, Supreme Court, Law, California, Court, America, Cnn, New York Times, Madrid, Ruth Bader Ginsburg, Trump, Round-up, U S Supreme Court, John Roberts, Atlantic Coast, Legislature


Tuesday round-up

Yesterday the Supreme Court, in a 5-4 ruling, allowed the federal government to begin enforcing a new rule affecting legal immigrants applying for green cards who are considered likely to become a “public charge.” Amy Howe covers the order for this blog, in a post that first appeared at Howe on the Court. Pete Williams reports for NBC News that “[t]he government has long had authority to block immigrants who were likely to become public charges, but the term has never been formally defined”; the...
Tags: Florida, Texas, Supreme Court, Law, Washington Post, Nbc News, Georgia, United States, New York Times, House Of Representatives, Manhattan, Fox News, Vox, Donald Trump, Department Of Homeland Security, Wall Street Journal



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