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Tuesday round-up

Yesterday the Supreme Court issued three opinions. In Herrera v. Wyoming, the court held 5-4 that the Crow Tribe did not lose its rights under an 1868 treaty to hunt on unoccupied federal lands when Wyoming became a state, and that establishment of a national forest did not make land within the forest categorically “occupied.” Gregory Ablavsky has this blog’s opinion analysis. Domenico Montanaro and Nina Totenberg report for NPR that “Justice Neil Gorsuch, the only Westerner on the court, provid...
Tags: Supreme Court, Law, Court, Merck, Bloomberg, United States, Wyoming, Hawaii, Food And Drug Administration, Fda, Npr, Donald Trump, Samuel Beckett, Kennedy, Round-up, Greenwire


Tuesday round-up

Yesterday the Supreme Court issued decisions in three cases. In Apple v. Pepper, a divided court held that a lawsuit against Apple by iPhone users who allege that Apple is violating federal antitrust laws by requiring them to buy apps only from the company’s App Store can go forward. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. Subscript Law has a graphic explainer for the opinion. At The Daily Caller, Kevin Daley reports that “Justice Brett Kavanaugh del...
Tags: Apple, Supreme Court, Law, Oregon, America, Pepper, United States, New York Times, Fca, Ohio, Silicon Valley, Npr, Nevada, App Store, Los Angeles Times, Hall


SCOTUS spotlight: John Elwood on petitions for certiorari

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly covers the latest Supreme Court news before speaking with John Elwood about the essentials concerning petitions for certiorari. Elwood is a partner at Vinson & Elkins and the author of “Relist Watch.” (In the episode, Elwood suggested there were eight previously rescheduled cases. He later clarified with us that there were five: Illinois Central Railroad Company v. Tennessee Department of Revenue, Hunter v. United States...
Tags: Featured, Supreme Court, Law, Court, United States, United, Howe, Amy Howe, Elwood, John Elwood, Vinson Elkins, SCOTUStalk, Illinois Central Railroad Company, Tennessee Department of Revenue Hunter, United States JTEKT Corp, GKN Automotive Williams


Monday round-up

Amy Howe reports for this blog, in a post first published at Howe on the Court, that on Friday, “Republican legislators from Ohio and Michigan … asked the Supreme Court to put lower-court rulings that found partisan gerrymandering in those states on hold while they appeal”; the legislators argue that the Supreme Court may decide this term in partisan-gerrymandering cases from North Carolina and Maryland “that partisan gerrymandering claims do not belong in court at all.” At Modern Democracy, Mic...
Tags: Maryland, Supreme Court, Law, Court, Cnn, New York Times, Ohio, Michigan, Npr, Louisiana, North Carolina, Donald Trump, The Washington Post, Paul Clement, Round-up, TVA


Tuesday round-up

Briefly: In the latest episode of SCOTUStalk (podcast), Tom Goldstein and Kevin Russell join Amy Howe “to discuss the Supreme Court’s announcement that it will weigh in next term on whether federal employment discrimination laws protect LGBT employees.” Kimberly Robinson reports at Bloomberg Law that the Supreme Court is entering what Justice Ruth Bader Ginsburg has called “’flood season’”: “the ‘well-known crunch’ as the end of the U.S. Supreme Court term approaches,” with “40 of the court’s e...
Tags: Supreme Court, Law, Colorado, United States, Ruth Bader Ginsburg, Round-up, U S Supreme Court, Adam Feldman, Amy Howe, Tom Goldstein, Woodard, Kevin Russell, Tony Mauro, Federal Circuit Court, Kimberly Robinson, Bloomberg Law


“Because of sex”: Tom Goldstein and Kevin Russell join Amy Howe to discuss new cases involving whether federal employment discrimination laws protect LGBT employees

In this week’s episode of SCOTUStalk, Tom Goldstein and Kevin Russell join Amy Howe of Howe on the Court to discuss the Supreme Court’s announcement that it will weigh in next term on whether federal employment discrimination laws protect LGBT employees in Bostock v. Clayton County, Georgia, Altitude Express Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. The post “Because of sex”: Tom Goldstein and Kevin Russell join Amy Howe to discuss new...
Tags: Featured, Supreme Court, Law, Lgbt, Court, Equal Employment Opportunity Commission, Howe, Amy Howe, Tom Goldstein, Kevin Russell, Bostock, Zarda, R G G R Harris Funeral Homes Inc, SCOTUStalk, Clayton County Georgia Altitude Express Inc


Tuesday round-up

Yesterday a unanimous court ruled in Thacker v. Tennessee Valley Authority that the TVA can generally be sued for personal-injury claims, and sent the case back for the lower court to determine whether this particular claim can proceed. Gregory Sisk analyzes the opinion for this blog. Y. Peter Kang and Jimmy Hoover report for Law360 (subscription required) that the ruling “reviv[es] a sports fisherman’s negligence suit against the quasi-government utility.” At Bloomberg Law, Jordan Rubin reports...
Tags: Google, New York, Supreme Court, Law, Bloomberg, New York Times, Joe Arpaio, Oracle, Trump, Round-up, TVA, U S Supreme Court, Howe, Adam Liptak, Department of Commerce, Mark Walsh


Judicial enumeration: Amy Howe and Kimberly Robinson count five justices for the citizenship question in Department of Commerce v. New York

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Kimberly Robinson of last week’s oral argument in Department of Commerce v. New York, a high-profile challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census. The post Judicial enumeration: Amy Howe and Kimberly Robinson count five justices for the citizenship question in Department of Commerce v. New Yo...
Tags: New York, Featured, Law, Court, Trump, Howe, Department of Commerce, Amy Howe, Kimberly Robinson, SCOTUStalk


Recapping a notable week of SCOTUS criminal justice arguments

As flagged in this Monday post, the Supreme Court's final week of oral arguments for this Term, which took place this past week, included hearings on three cases involving notable criminal justice issues.  We likely should not expected written decisions in Mitchell v. Wisconsin, Rehaif v. United States or Quarles v. United States until late June, but SCOTUSblog provides a sense of where the Court might be headed in these cases through these argument analysis posts: On Mitchell by Amy Howe, "Just...
Tags: Supreme Court, Law, United States, Mitchell, Amy Howe, ACCA, Quarles, Douglas A Berman, Rory Little, Rehaif, Wisconsin Rehaif, Evan Lee Court


Thursday round-up

Yesterday the court ruled 5-4 in Lamps Plus Inc. v. Varela that the Federal Arbitration Act bars interpretation of an arbitration agreement under state law that would allow class arbitration based on general language commonly used in arbitration agreements. Greg Stohr reports at Bloomberg that the “ruling said courts shouldn’t allow class arbitration unless an agreement clearly authorizes that type of proceeding.” For , Jess Bravin reports that “[t]he case is the latest in a string of decisions...
Tags: New York, Justice, Supreme Court, Law, Bloomberg, United States, New York Times, Usa Today, Hopkins, Round-up, Reuters, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr


Wednesday round-up

Today the Supreme Court hears its last two oral arguments of the term. First on the agenda is Quarles v. United States, which asks when a defendant must have formed the intent required to commit burglary for purposes of a “violent felony” under the Armed Career Criminal Act. Rory Little previewed the case for this blog. Matt Farnum and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. Today’s second argument is in Taggart v. Lorenzen, in which the justices will c...
Tags: New York, Supreme Court, Law, Court, Bloomberg, United States, Liberty, Davis, Wisconsin, Courthouse News Service, Cornell, Mitchell, Trump, Round-up, Thomas, Noah Feldman


A “view” from the courtroom: Counting to five

Today is the oral argument in one of the term’s biggest cases, Department of Commerce v. New York, about the Trump administration’s efforts to add a citizenship question to the 2020 census. It is also a rare day for afternoon arguments, and rarer still because there will be two of those. Solicitor General Noel G. Francisco at lectern (Art Lien) When the court squeezed the census case into its already announced April calendar, it made the wise decision to push the two cases that were originall...
Tags: New York, Featured, Supreme Court, Law, Congress, United States, Commerce, House, House Of Representatives, United Nations, Wisconsin, Un, Francisco, Mitchell, Trump, Sonia Sotomayor


Afternoon round-up: Oral argument in Department of Commerce v. New York

This morning, the justices heard 80 minutes of argument in one of the term’s highest-stakes cases, Department of Commerce v. New York, a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census. Amy Howe analyzed the argument for this blog, in a post that originally appeared at Howe on the Court, reporting that “the justices seemed divided along ideological lines, with the conservative justices appearing ready to uphold the use of the question.” Add...
Tags: Usa, New York, Law, Court, Nbc News, Los Angeles, Fox News, Trump, Round-up, Mark Sherman, Sonia Sotomayor, Robert Barnes, Lawrence Hurley, Howe, Adam Liptak, Jess Bravin


A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Mark Walsh of last week’s oral argument in Iancu v. Brunetti, a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. The post A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti appeared first on SCOTUSblog.
Tags: Featured, Law, Court, Howe, Mark Walsh, Brunetti, Amy Howe, Iancu, SCOTUStalk


Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York

On its face, Department of Commerce v. New York asks whether the government may add a question about citizenship status to the 2020 decennial census. But as Professor Justin Levitt explains in a forthcoming essay, if the government wins, the citizenship data could influence the allocation of representation in the state legislatures, raising a whole new set of constitutional questions left unresolved by the Supreme Court’s 2016 decision in Evenwel v. Abbott. In 2018, the government announced that...
Tags: New York, Featured, Supreme Court, Law, United States, Abbott, Levitt, Department of Commerce, Amy Howe, Evenwel, Justin Levitt, Academic Round-up, Abbott the Supreme Court, Nathan Persily


Friday round-up

As Amy Howe reports for this blog, the court issued revisions to its rules yesterday that reduce the word limits for merits briefs and “require the parties to a case before the Supreme Court to identify any lower-court cases that are directly related to the Supreme Court proceedings.” At Bloomberg Law, Kimberly Robinson reports that practitioners welcomed the latter changes, which are “intended to reduce ‘missed’ conflicts, where the justices recognize late in proceedings that there are grounds ...
Tags: Supreme Court, Law, Bloomberg, Smith, Patterson, Round-up, McDonough, Heritage Foundation, Jessica Mason Pieklo, Amy Howe, Bucklew, Goldstein Russell, Walgreen Co, The George Washington Law Review, Elizabeth Slattery, Neil Gorsuch


Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday a Louisiana abortion clinic filed a cert petition asking the Supreme Court to strike down a state law requiring abortion providers to have admitting privileges at nearby hospitals; the justices had put the law on hold in February, in June Medical Services v. Gee. At AP, Mark Sherman reports that “[i]f the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the...
Tags: Supreme Court, Law, California, Court, Ap, Cnn, United States, Davis, Louisiana, North Carolina, Law360, Courthouse News Service, Newton, Trump, Round-up, Mark Sherman


Tuesday round-up

The justices will hear oral argument this morning in two cases. The first is Parker Drilling Management Services. Ltd. v. Newton, in which they will consider whether California’s overtime and wage laws apply to drilling rigs on the Outer Continental Shelf. Andrew Siegel previewed the case for this blog. Lauren Devendorf and Tyler Schmitt have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in North Carolina Dept of Revenue v. Kimberley Rice Kaestn...
Tags: Supreme Court, Law, California, Washington Post, Court, Npr, Los Angeles Times, Cornell, Newton, Ucla, Round-up, Lyle Denniston, Robert Barnes, Howe, Jess Bravin, Nina Totenberg


Spring in Washington: Retirement talk

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court talks with Professor Stephen Wermiel of American University Washington College of Law about Supreme Court retirements, both in the possible future and from the recent past. The post Spring in Washington: Retirement talk appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Washington, Howe, American University Washington College of Law, Amy Howe, Stephen Wermiel, SCOTUStalk


Monday round-up

This morning the Supreme Court will kick off its April session, the last of the term, with oral arguments in two cases. First up is Iancu v. Brunetti, in which the court will consider a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. Megan Carpenter previewed the case for this blog. Lauren Kloss and Nayanthika Ramakrishnan have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. At Blo...
Tags: New York, Supreme Court, Law, Alabama, Bloomberg, Commerce, New York Times, Round-up, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr, Department of Commerce, Brunetti, Amy Howe


"When an inmate contends that a state’s method of execution violates the Eighth Amendment... he must show that there is an alternative method of execution that would 'significantly reduce a substantial risk of severe pain'..."

"... but that the state has – for no good reason – refused to adopt. This requirement applies, Gorsuch explained [writing for the majority of the Supreme Court], even though Bucklew is only challenging the constitutionality of the state’s use of lethal injection to execute him, rather than the constitutionality of lethal injection more generally.... In this case... Bucklew had made only a 'bare-bones proposal' to use death by nitrogen gas, depriving the body of oxygen, as an alternative to letha...
Tags: Supreme Court, Law, Death Penalty, Torture, Clarence Thomas, Amy Howe, Bucklew, Gorsuch, Ann Althouse, SCOTUSblog


Tuesday round-up

The justices decided two cases yesterday. In Bucklew v. Precythe, the court, by a vote of 5-4, rejected a death-row inmate’s argument that, because he suffers from a rare medical condition, executing him by lethal injection would be so painful that it would violate the Constitution’s ban on cruel and unusual punishment. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the decision “revealed fault lines and cons...
Tags: New York, Supreme Court, Law, Court, Indiana, New York Times, Nielsen, Los Angeles Times, Trump, Round-up, Thomas, Howe, Adam Liptak, Jess Bravin, Sullivan, Clarence Thomas


Student SCOTUS preview part three: mapping out likely votes after oral argument in US v. Haymond

I noted here back in 2017 an interesting opinion in US v. Haymond where a Tenth Circuit panel declared unconstitutional the procedures used for revocation of a sex offender's supervised release.  The Supreme Court also found the case interesting because, as reported here, the Justices in 2018 accepted the petition for certiorari filed by the federal government.  The SCOTUSblog page on Haymond has links to all the briefing. As reported in this prior post, I have a great student, Jim McGibbon, who...
Tags: Supreme Court, Law, Washington, Oregon, Court, US, United States, New Jersey, Thomas, Jim, Ginsburg, Blakely, Sotomayor, Kagan, Kavanaugh, Amy Howe


Friday round-up

Last night the Supreme Court halted the execution of a Buddhist prisoner, Patrick Murphy, pending review of Murphy’s challenge to Texas’ refusal to allow a Buddhist priest to join him in the execution chamber. Amy Howe has this blog’s coverage. At Bloomberg, Greg Stohr reports that “[[t]he order marked an abrupt shift for the court, which last month voted 5-4 to let Alabama execute a Muslim man without his imam.” Robert Barnes reports for The Washington Post that “[t]he court’s conservatives wer...
Tags: Texas, Mississippi, Supreme Court, Law, Congress, Washington Post, Alabama, America, Bloomberg, Alaska, Louisiana, Flowers, Ada, Chevron, Economist, Trump


Thursday round-up

Amy Howe analyzes yesterday’s oral argument in Kisor v. Wilkie, in which the justices considered whether to overrule precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations, for this blog, in a post that first appeared at Howe on the Court; she reports that the justices were “deeply divided in a case in which their ruling could have implications not only for veterans but also for other areas of the law ranging from the environment to immigra...
Tags: Supreme Court, Law, Bloomberg, Cnn, Alaska, New York Times, SEC, Louisiana, Smith, Frost, Sturgeon, Securities And Exchange Commission, National Park Service, Round-up, Reuters, John Roberts


Wednesday round-up

Today the justices wrap up their March argument sitting with one oral argument, in Kisor v. Wilkie, in which they will reconsider precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations. Amy Howe previewed the case for this blog. Benjamin Rodd and Julia Hollreiser have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law offers a graphic explainer for the case. Yesterday the court heard oral arguments in two pa...
Tags: Maryland, Supreme Court, Law, Court, Los Angeles, Cnn, Atlantic, Gop, Alaska, Federal Communications Commission, Louisiana, North Carolina, Frost, Sturgeon, National Park Service, Round-up


Afternoon round-up: Today’s oral argument in partisan gerrymandering cases

Today the Supreme Court heard oral argument in two cases, Lamone v. Benisek and Rucho v. Common Cause, which challenge the constitutionality of election maps in Maryland and North Carolina, respectively. The justices are being asked whether the states went too far in favoring one political party over the other when drawing their election maps. Amy Howe has this blog’s analysis, which was first published at Howe on the Court. She writes that after two hours of argument, “there were clear divides ...
Tags: Post, Maryland, Supreme Court, Law, Bloomberg, New York Times, Fox News, Associated Press, Arnold Schwarzenegger, Usa Today, North Carolina, The Washington Post, Los Angeles Times, Round-up, Reuters, Mark Sherman


Tuesday round-up

This morning the court will hear oral arguments in two partisan-gerrymandering cases. First up is Rucho v. Common Cause, a challenge to North Carolina’s federal congressional map, adopted by the state’s Republican-controlled legislature in 2016. Connor O’Neill previews the case for Cornell Law School’s Legal Information Institute. This morning’s second argument is in Lamone v. Benisek, in which Republican voters are challenging a single Maryland congressional district. Matt Farnum and Trevor O’B...
Tags: Maryland, Supreme Court, Law, Court, New York Times, Federal Communications Commission, Npr, Nielsen, North Carolina, Kevin Johnson, Cornell, Economist, Round-up, Lyle Denniston, Howe, Adam Liptak


FWOTSC: Justice Sandra Day O’Connor, first woman on the Supreme Court

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court talks with Evan and Oscie Thomas about Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court. Evan is the author of “First: Sandra Day O’Connor,” a biography released last week. The post FWOTSC: Justice Sandra Day O’Connor, first woman on the Supreme Court appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Court, Howe, Evan, Sandra Day O'Connor, Amy Howe, SCOTUStalk, Oscie Thomas, Supreme Court Evan


A “view” from the courtroom: Trials of Mississippi

Today will bring an intense hour of argument about race in jury selection in the case of a Mississippi man who has been tried six times by the same prosecutor, which will culminate in a series of short questions by Justice Clarence Thomas, his first during oral argument in three years. But first, there are a couple of lighter moments. Justice Thomas questions petitioner’s lawyer in Flowers v. Mississippi (Art Lien) Chief Justice John Roberts announces that Justice Stephen Breyer has the co...
Tags: Google, Featured, Mississippi, Supreme Court, Law, Washington, Kentucky, Walmart, United States, New Jersey, Davis, Manhattan, Evans, Nielsen, Johnson, Flowers



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