Posts filtered by tags: Alito[x]


Fulton quiets Tandon’s thunder: A free exercise puzzle

This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. Jim Oleske is a professor of law at Lewis & Clark Law School. His research focuses on the intersection of religious liberty and other constitutional values. Ten weeks ago, acting on an emergency application for injunctive relief in the COVID-19 case of Tandon v. Newsom, the Supreme Court issued an unsigned opinion that appeared to resolve one of the two major free exercise issues previously...
Tags: Featured, Law, Court, Philadelphia, Smith, Rube Goldberg, Trump, Thomas, Fulton, Alito, Barrett, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Tandon, Kavanaugh

From the court, a vindication of faith-based service. From Alito, a blueprint for the future.

This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia. Andrea Picciotti-Bayer is the director of the Conscience Project and previously was the legal adviser to the Catholic Association. Anti-Catholic bigotry is not a thing of the past. When the city of Philadelphia severed ties with Catholic Social Services, a church-run foster-care program, it was the equivalent of hanging a “Catholics Need Not Apply” sign outside of its Department of Human Services. Cit...
Tags: Featured, Supreme Court, Law, America, Css, United States, New York Times, Catholic Church, Philadelphia, Catholic, Biden, Smith, John Roberts, Fulton, American Civil Liberties Union, Hill

"The refusal of Philadelphia to contract with CSS for the provision of foster care services unless [Catholic Social Services] agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment."

 The Supreme Court has just ruled in Fulton v. Philadelphia.ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. BARRETT, J., filed a concurring opinion, in which KAVANAUGH, J., joined, and in which BREYER, J., joined as to all but the first paragraph. ALITO, J., filed an opinion concurring in the judgment, in which THOMAS and GORSUCH, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment, in which THOMAS and ...
Tags: Supreme Court, Law, Court, Css, Adoption, Philadelphia, Smith, Thomas, Fulton, Adam Liptak, Alito, Barrett, Breyer, Elena Kagan, Kavanaugh, Catholic Social Services

So Much Money Getting Thrown Around Biglaw — See Also

So, So Many Firms Raised Salaries: Seriously, it's been a day. Paul Weiss, Sheppard Mullin, Willkie, Fried Frank, Munger Tolles, Morgan Lewis, Wilkinson Stekloff, oh my god, it's still going... Goodwin Procter, WilmerHale, Paul Hastings, Allen & Overy, still going.... Fish & Richardson, Debevoise, Cohen Ziffer, and Simpson Thacher. Oh, And The Supreme Court Had A Big Day: Busy saving the ACA and making Justice Alito MAD. What? You Want More? How about the DOJ dropping its suit against John Bol...
Tags: Kim Kardashian, Law, Doj, John Bolton, Alito, Goodwin Procter, Simpson Thacher, See Also, Paul Weiss Sheppard Mullin Willkie Fried Frank, Munger Tolles Morgan Lewis Wilkinson Stekloff, Paul Hastings Allen Overy, Richardson Debevoise Cohen Ziffer

Court holds that city’s refusal to make referrals to faith-based agency violates Constitution

This article was updated on June 17 at 6:52 p.m. In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday that Philadelphia violated the First Amendment’s free exercise clause when the city stopped working with a Catholic organization that refused to certify same-sex couples as potential foster parents. The ruling was a victory for Catholic Social Services, an organization associated with the Archdiocese of Philadelphia, and two foster...
Tags: Featured, Supreme Court, Law, Css, Philadelphia, Catholic, Smith, Thomas, Department of Human Services, John Roberts, Roberts, Howe, Alito, Barrett, Breyer, Samuel Alito

Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

This article was updated on June 17 at 7:15 p.m. The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based companies, Nestle and Cargill, facilitated human-rights abuses on cocoa plantations in the Ivory Coast. By a vote of 8-1, the justices ruled that the lawsuit cannot go forward because it is based on conduct that occurred overseas. Although the decision was obviously a victory for the two companies, it was not the sweeping one that the business community had sought. The...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Mali, Ivory Coast, Cargill, Nestle, Thomas, John Roberts, 9th Circuit, The Supreme Court, Howe, Alito

The Supreme Court turns away 6 plaintiffs who seek relief after they were used, they say, as child slaves producing cocoa in the Côte d’Ivoire.

The opinion — in Nestlé v. Doe — is written by Justice Thomas, announcing the judgment of the Supreme Court and rejecting "a judicially created cause of action to recover damages from American corporations that allegedly aided and abetted slavery abroad."In Parts I and II of the case, where Thomas has a majority — Roberts, Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett (all but Alito) — he writes: Respondents seek a judicially created cause of action to sue petitioners for aiding and ...
Tags: Supreme Court, Law, United States, Slavery, Chocolate, DOE, Nestle, Thomas, Alito, Barrett, Clarence Thomas, Ann Althouse, Roberts Breyer Sotomayor Kagan Gorsuch Kavanaugh

"Court tosses suit by Republican states challenging Affordable Care Act."

"The justices ruled 7-2 that Texas and 17 other states lacked standing to argue that the individual mandate to purchase health insurance is unconstitutional" — SCOTUSblog reports.  Here's the opinion. BREYER, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. THOMAS, J., filed a concurring opinion. ALITO, J., filed a dissenting opinion, in which GORSUCH, J., joined.Looking at that, I'm most interested in why Justice...
Tags: Texas, Supreme Court, Law, Obamacare, Court, Standing, Thomas, Alito, Breyer, Clarence Thomas, Gorsuch, Ann Althouse, Thomas J, BARRETT JJ, SOTOMAYOR KAGAN KAVANAUGH

Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump

In 6-3 opinion for (police officer) defendant, SCOTUS limits reach of federal Computer Fraud and Abuse Act

The Supreme Court issued one opinion this morning, and it is an interesting criminal law decision with an interesting divide of Justices limiting the reach of a notable federal criminal statute.  The majority opinion in Van Buren v. US, No. 19–783 (S. Ct. June 3, 2021) (available here), is authored by Justice Barrett and it starts and ends this way:   Nathan Van Buren, a former police sergeant, ran a license-plate search in a law enforcement computer database in exchange for money.  Van Buren’s...
Tags: Supreme Court, Law, US, Trump, Thomas, Van Buren, Alito, Barrett, Eleventh Circuit, CFAA, Douglas A Berman, Tanvir, Tanzin, Nathan Van Buren

Unanimous court rejects district court discretion to reduce appellate cost awards

Thursday’s decision in City of San Antonio v. crisply resolved what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Justice Samuel Alito’s opinion for a unanimous court tells us the answer: the court that resolved the appeal decides, not the district court. The case involves the costs of appellate litigation. Under the “American Rule,” the prevailing party in litigation in the ...
Tags: Featured, Law, United States, San Antonio, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, Merits Cases

Justices reject district courts’ discretion to reduce appellate cost awards

The Supreme Court on Thursdayclarified a technical question of civil procedure that can arise when a party seeks to recoup certain litigation costs after a successful appeal. The case, City of San Antonio v., involved how lower courts should decide the “costs” that the prevailing party can recover from the losing party. In an opinion by Justice Samuel Alito, the court unanimously ruled that district courts do not have discretion to reduce cost awards after an appeals court allocates ...
Tags: Featured, Supreme Court, Law, San Antonio, Alito, Samuel Alito, Merits Cases, City of San Antonio

Court revives federal appeal for oil and gas companies in climate-change case

The Supreme Court on Monday gave a major boost to a group of oil and gas companies that are seeking to stay out of state court and defend a lawsuit against them in federal court instead. By a vote of 7-1 (with Justice Samuel Alito not participating), the justices agreed with the companies – which include BP, Chevron and Exxon Mobil – that a federal appeals court had the power to review an entire order sending the case back to state court, rather than only one of the grounds on which the compani...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Exxon Mobil, Baltimore, Chevron, Sonia Sotomayor, The Supreme Court, BP Plc, Howe, Alito, U S Court of Appeals, Samuel Alito, 4th Circuit

SCOTUS rules unanimously that "community caretaking" does not create special exception to Fourth Amendment for warrantless home entry

Though I will be thinking a lot about what a split Supreme Court did to Teague doctrine today with its ruling in Edwards v. Vannoy (discussed here), the Court also was notably unanimous this morning in another criminal case, Caniglia v. Strom, No. 20–157 (S. Ct. May 17, 2021) (available here). The start and close of the short opinion for the Court by Justice Thomas serves as a useful summary: Decades ago, this Court held that a warrantless search of an impounded vehicle for an unsecured firearm...
Tags: Supreme Court, Law, Court, Collins, Thomas, Edwards, Dombrowski, Alito, Kavanaugh, Teague, Vannoy, Douglas A Berman, Cady, Strom, Caniglia

Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer

Justices weigh available defenses to criminal re-entry for certain immigrants

The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. In Refugio Palomar-Santiago’s case, that prior removal order did exist. However, the Supreme Court’s 2004 decision in Leocal v. Ashcroft, decided after the entry ...
Tags: Featured, Supreme Court, Law, Congress, United States, Ross, Thomas, Sonia Sotomayor, Garcia, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan

Justices ponder narrow ruling in student speech case

The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school. Some justices expressed concern about whether allowing schools to regulate off-campus speech could sweep in too much speech by young people, while others worried that – particularly in the internet era – a contrary rule would give too little weight to the harmful effects that some speech, such as cyberbullying, can have at school even when it ...
Tags: Featured, Supreme Court, Law, Pennsylvania, Levy, Michael Jordan, Thomas, Sonia Sotomayor, Stewart, John Roberts, American Civil Liberties Union, Blatt, Roberts, David Cole, Howe, Alito

The morning read for Wednesday, April 28

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Wednesday morning read: At Supreme Court, Mean Girls Meet 1st Amendment (Nina Totenberg, NPR) 7 Things to Know About the Cheerleader Speech Case Coming Up in the U.S. Supreme Court (Mark Walsh, Education Week) Why Supreme Court case about cheerleader’s Snapchat rant matters to students e...
Tags: Usa, Supreme Court, Law, Iowa, Npr, Round-up, Thomas, Nina Totenberg, Alito, Donnelle Eller Des Moines, Aaron Tang, Michael Dorf Dorf

Justices add new cases on state secrets, free speech

The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The justices also turned down (at least for now) efforts by a group of states, led by Texas, to revive litigation over the “public charge” rule after the Biden administration refused to defe...
Tags: Texas, Featured, Guantanamo Bay, Maryland, Supreme Court, Law, California, Washington, Oregon, United States, Pakistan, Alaska, Poland, Philadelphia, Cia, Volkswagen

Justices doubtful on California donor-disclosure requirement

The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The requirement, the state insists, helps it to police charitable fraud. But two nonprofits argue that the rule violates the First Amendment by discouraging their donors from making contributions. After near...
Tags: Featured, Supreme Court, Law, California, Alabama, Irs, Charles Koch, Sonia Sotomayor, John Roberts, American Civil Liberties Union, Feinberg, Roberts, Howe, Alito, Shaffer, Barrett

Skepticism and the shadow of Chevron in Sanchez v. Mayorkas argument

The humanitarian stakes were indiscernible in Monday morning’s oral argument in Sanchez v. Mayorkas, which examined whether noncitizens who have been granted Temporary Protected Status are eligible for the statutory procedure known as “adjustment of status” in order to become lawful permanent residents. Only Justice Brett Kavanaugh alluded to the 400,000 individuals granted TPS, most of whom have been living and working in the United States for decades, whose prospects of permanent residence wo...
Tags: Supreme Court, Law, Congress, United States, El Salvador, Biden, Chevron, Thomas, Sonia Sotomayor, John Roberts, Roberts, Sánchez, Alito, Gonzalez, Barrett, U S Court of Appeals

Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations

With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations. During nearly two hours of oral argument in Yellen v. Confederated Tribes of the Chehalis Reservation, the justices expressed doubts about the textual arguments advanced by both sides even as they seemed wary of the consequences of a ruli...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Paul Clement, Yellen, Thomas, Sonia Sotomayor, John Roberts, Roberts, Treasury Department, Alito, Barrett, Sotomayor

Testing The ‘Strength And Validity’ Of The Canons

Justice Alito gives a shoutout to corpus linguistics!
Tags: Supreme Court, Law, Courts, Alito, Corpus Linguistics, Juris Lab, James Heilpern

U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)

By Guest Blogger Tyler Ochoa [BONUS: Prof. Ochoa will be speaking on this case April 13, 6pm Pacific. Free registration.] On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java SE Application Programming Interface (API) in creating its Android operating system was a fair use.  Google LLC v. Oracle America, Inc., No. 18-956.  Writing for the majority, Justice Breyer declined to answer the first question presented in the petition for certoriari: “Wh...
Tags: Apple, Google, Android, Usa, Supreme Court, Microsoft, Law, Congress, Court, Copyright, United States, Sun, Sony, Silicon Valley, Warhol, Lotus

Google v. Oracle: Use of Oracle’s API is a Fair Use

Google LLC v. Oracle America, Inc. (Supreme Court 2021) In a 6-2 decision authored by Justice Breyer, the Supreme Court has held that Google’s copying of the JAVA API naming convention was a fair use as a matter of law.  The court did not decide the question of whether the API was copyrightable in the first place. In his dissent, Justice Thomas (joined by Justice Alito) argues that the majority opinion “disregards half the relevant statutory text and distorts its fair-use analysis. . . . Oracle’...
Tags: Google, Supreme Court, Law, Sun, Java, Oracle, Patent, Thomas, Alito, Federal Circuit, Google LLC, Oracle America Inc Supreme Court, Justice Breyer the Supreme Court

Ford v. Montana: Supreme Court on the Scope of Personal Jurisdiction

Note – this is a civil procedure case that I’ve been following. Many lawyers will be interested, even if not directly related to intellectual property. Dennis Crouch Ford Motor Co. v. Montana 8th Judicial District (Supreme Court 2021) Markkaya Gullett was killed in a Ford Explorer crash near her home in Montana.  Gullett’s estate sued Ford on a product liability type claims.  Ford argued that the state lacks personal jurisdiction over the global auto company.  The Supreme Court has sided with Gu...
Tags: Minnesota, Supreme Court, Law, California, Montana, Ford, Patent, Bms, Thomas, Ford Motor Co, The Supreme Court, Roberts, Bristol Myers Squibb Co, Alito, Daimler AG, Kagan

Litigation over clergy halts Alabama execution (and divides Justices in notable ways)

Though the federal government carried out the first three execution of 2021 last month, the first state execution in the US was scheduled to take place last night in Alabama.  But, as this local article explains, today "Willie B. Smith III remains alive on death row in Alabama, after the U.S. Supreme Court upheld a ruling that required Smith’s spiritual advisor to be in the execution chamber with Smith when he was given the lethal injection."  Here is more: The ruling came down around 11:08 p.m...
Tags: Texas, Supreme Court, Law, US, Alabama, Npr, Christian, Birmingham, Smith, Sonia Sotomayor, Buddhist, U S Supreme Court, John Roberts, Alabama Department of Corrections, Alito, Barrett

Constitutional Trench Warfare over Abortion

For the Symposium on Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present (Cambridge University Press, 2020). Americans have engaged in constitutional trench warfare since the demise of the Warren Court.   For almost fifty years, progressives and conservatives have fought pitched battles over a wide range of constitutional issues with each side on most fronts gaining only a few feet of constitutional turf.   The exclusionary rule and Miranda warnings remain the law of the ...
Tags: Texas, Supreme Court, Law, Congress, France, Massachusetts, America, Georgia, United States, Hawaii, Oxford, Ferguson, Louisiana, Miranda, United, Jim Crow

The morning read for Monday, Feb. 1

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Got a suggestion of a piece you’d like us to consider? Email us at [email protected] Here’s the Monday morning read: ‘Not surprised’: Justice Alito defends... The post The morning read for Monday, Feb. 1 appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Round-up, Alito

Opinion analysis: A narrow win for creditors

On Thursday, the Supreme Court’s opinion in City of Chicago v. Fulton clarified that creditors do not violate the Bankruptcy Code’s automatic stay if they passively retain a debtor’s property after the debtor files for bankruptcy protection. The automatic stay is the provision of the Bankruptcy Code that halts all collection activity to allow the bankruptcy proceeding to unfold without creating a race among creditors. The city of Chicago, like many municipalities, impounds cars for nonpayment of...
Tags: Featured, Supreme Court, Law, Congress, Chicago, Sonia Sotomayor, Fulton, Peake, Alito, Shannon, Sotomayor, City of Chicago, Samuel Alito, Merits Cases, Amy Coney Barrett, Timothy Shannon

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