Posts filtered by tags: Barrett[x]


Argument analysis: Justices sympathetic to FCC in media ownership dispute

The Supreme Court heard oral argument on Tuesday morning in a dispute arising from the Federal Communications Commission’s attempts to deregulate local media ownership. After nearly an hour and a half of debate, the justices seemed inclined to uphold the FCC’s efforts – even if not on the ground that big broadcasters would prefer. FCC v. Prometheus Radio Project and National Association of Broadcasters v. Prometheus Radio Project, which the court consolidated for oral argument, center on the FCC...
Tags: Featured, Fcc, Supreme Court, Law, Congress, Federal Communications Commission, Sonia Sotomayor, Stewart, John Roberts, Roberts, Walker, Howe, Deutsch, Barrett, U S Court of Appeals, Sotomayor

Justices are “in the process” of getting COVID vaccines; some have received both doses

Some Supreme Court justices, including Chief Justice John Roberts, have received both doses of the coronavirus vaccine, and the court says plans are in place for all nine justices to become fully vaccinated. Kathy Arberg, a spokesperson for the court, declined to say how many justices (or which ones) have not yet received both doses. She confirmed, however, that Roberts is among a group of “some” justices who have been given both doses of the Pfizer/BioNTech vaccine, which requires two shots adm...
Tags: Featured, Supreme Court, Law, Washington Post, Senate, Joe Biden, Cnn, House, Mitch McConnell, Nancy Pelosi, Biden, Donald Trump, John Roberts, Capitol, Roberts, Barrett

Argument analysis: Justices weigh mootness after change in government policy in cases seeking nominal damages

The Supreme Court heard oral argument on Tuesday in the case of a Georgia student who was stopped from handing out religious literature and speaking about his faith on the campus of his public college. The student, Chike Uzuegbunam, argued that the college’s policies violated the First Amendment, but shortly after the lawsuit was filed the college changed its policies to allow students to generally speak anywhere on campus without a permit. The question before the court on Tuesday in Uzuegbunam ...
Tags: New York, Featured, Taylor Swift, Supreme Court, Law, Congress, New York City, Atlanta, Georgia, Bradford, Swift, Thomas, Sonia Sotomayor, John Roberts, Roberts, Howe

Argument analysis: A complex question of immigration bond

The Supreme Court heard argument on Monday by telephone in Pham v. Guzman Chavez, which raises a complex question about bond for migrants in removal proceedings. The justices asked hard questions of both sides. Paul Hughes, counsel for respondents, phones in to argue with a view of Union Station in the background (Art Lien) The case involves migrants with “reinstated” removal orders, meaning they were previously deported, subsequently returned to the U.S., and now have pending claims for the “...
Tags: Featured, Supreme Court, Law, Congress, United States, Davis, Department Of Homeland Security, John Roberts, Hughes, Alito, Barrett, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito

A bloggy review of the sentencing year that was 2020

I always enjoy "year in review" pieces, even in years like 2020 that many folks may quite rightly be quite eager to forget.  So I figured I might as well "celebrate" the end of a rough year with a "bloggy" accounting of 2020 based on an all-too-quick review of some blog posts from the past year.  This accounting is not meant to be representative or even all that reflective of the year that was, it is just a list of a few post titles catching my eye for each month as I went though my 2020 archive...
Tags: New York, Supreme Court, Law, Congress, Time, US, America, Joe Biden, Fbi, Gop, Williams, Harvey Weinstein, Boston Marathon, Ohio, Oklahoma, Biden

Supreme Court Clerk Hiring Watch: The Complete Clerk Roster For October Term 2020

With Justice Barrett's first set of clerks, plus the destinations of the late Justice Ginsburg's clerks.
Tags: Supreme Court, Law, Scotus, Courts, Federal Judges, Ginsburg, Barrett, Clerks, Supreme Court clerks, SCOTUS clerkships, Clerkships, SCOTUS Clerks, Law Clerks

2H 2020 Quick Links, Part 2 (Section 230)

* Griffin v. Google, 2020 WL 6781624 (S.D. Ga. Nov. 18, 2020). “Plaintiff only alleges these Defendants failed to screen to make sure their users were legal entities without providing any other basis for liability….Aside from some very limited exceptions, which are not applicable here, internet companies, including social media companies, are generally immune from suit for content posted on their platforms by third parties under the Communications Decency Act. 47 U.S.C. § 230; Almeida v. Amazon...
Tags: Google, Facebook, Law, Congress, Court, Bird, Yelp, Griffin, Usc, Almeida, Barrett, Facebook Inc, LLC, Cross, Amazon com Inc, Yelp Inc

Tuesday round-up

Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Court Justices Can Get Vaccinated Now. The Rest Of The Courts Are On Their Own. (Zoe Tillman, Buzzfeed News) Abortion, gun control: conservatives steer pet cases towards supreme court with Barrett on bench (Tom McCarthy, The Guardian) Supreme Court Argument Tips From 16 Lawyers Who Made Virus-Era Debuts (Marcia Coyle, The National Law Journal) Texas and Trump: The Case of Ohio’s Attorney General David Yo...
Tags: Supreme Court, Law, Ohio, Trump, Round-up, Barrett, Tom McCarthy, Electoral College, Daniel Cotter, Guardian Supreme Court Argument Tips From, National Law Journal Texas, David Yost Mark Brown, Jurist U S Supreme Court

Argument analysis: Justices at odds over federal robocall ban in the face of technological change

Bryan Garner argues over telephone for Noah Duguid (Art Lien) On Tuesday, for the second time this year, the Supreme Court heard oral argument on the federal law that bans robocalls to cellphones. The question this time, in Facebook v. Duguid, is whether the Telephone Consumer Protection Act’s ban on robocalling or robotexting cellphones using an “automatic telephone dialing system” includes using a device that can store and automatically dial telephone numbers without using a “random or seque...
Tags: Facebook, Featured, Fcc, Supreme Court, Law, Congress, Siri, Federal Communications Commission, Facetime, Paul Clement, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Garner, Roberts

"Curiously, the media maintains that Feinstein was declining mentally for years but neither reporters nor members noted it before her recent election."

Curiously, the media maintains that Feinstein was declining mentally for years but neither reporters nor members noted it before her recent election. It was only after she hugged Graham after the Barrett hearing that she was declared effectively incompetent— Jonathan Turley (@JonathanTurley) December 10, 2020 [Author: [email protected] (Ann Althouse)]
Tags: Law, Aging, Graham, Dianne Feinstein, Lindsey Graham, Jane Mayer, Feinstein, Schumer, Barrett, Jonathan Turley, Ann Althouse, Amy Coney Barrett

Is the unanimous SCOTUS ruling in Briggs notably kind to the "evolving standards" approach to the Eighth Amendment?

I noted in this post the Supreme Court's unanimous ruling this morning in US v. Briggs, No. 19-108 (S. Ct. Dec. 10, 2020) (available here), which fundamentally concerned an issue of statutory interpretation.  But the Eighth Amendment was part of the fabric of the statutory debate, and I was struck by how the opinion by Justice Alito for the full Court — save Justice Barrett, who was not yet on the Court by the time of oral argument — discussed how the Eighth Amendment is interpreted in these two...
Tags: Florida, Supreme Court, Law, Kentucky, Stanford, Virginia, Court, US, Atkins, Graham, Louisiana, Oklahoma, Briggs, Kennedy, Thompson, Scalia

Argument analysis: “Very hard questions” in dispute over Fannie Mae, Freddie Mac shareholder suit

The Supreme Court heard oral argument on Wednesday in a high-stakes battle over the regulation of mortgage giants Fannie Mae and Freddie Mac in the wake of the 2008 housing crisis. Shareholders in the company have challenged both the constitutionality of the Federal Housing Finance Agency, which Congress created to oversee the two companies, and the FHFA’s 2012 agreement with the Treasury Department, which the shareholders say “nationalized” Fannie and Freddie. After nearly two hours of debate, ...
Tags: Featured, Supreme Court, Law, Congress, Treasury, Department Of Justice, Social Security Administration, Thompson, Sonia Sotomayor, John Roberts, SSA, Freddie Mac, Brigham Young University, Roberts, Treasury Department, Alito

Ramos, Tasmanian tigers and Teague, oh my: SCOTUS debates retroactivity of jury unanimity rule in Edwards oral argument

The Supreme Court often seems to have a Wizard-of-Oz like quality, especially now that we are all behind a COVID curtain, and so I could not resist an Ozian title for this post noting today's interesting oral argument in Edwards v. Vannoy.   At issue in Edwards is whether the Court’s decision last Term in Ramos v. Louisiana, holding that the Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts, applies retroactively to cases that have already bec...
Tags: Supreme Court, Law, Oregon, Court, Tasmania, Louisiana, Ruth Bader Ginsburg, Justice Department, Puerto Rico, John Roberts, Edwards, Lane, Alito, Barrett, Stephen Breyer, Breyer

Argument analysis: Justices struggle to define boundaries of Anti-Injunction Act

Cameron T. Norris, counsel for CIC Services (Art Lien) The Supreme Court in Tuesday’s argument in CIC Services v. Internal Revenue Service tried to clarify the scope of the Anti-Injunction Act, which generally prohibits lawsuits seeking to block the assessment or collection of a tax. The case specifically asks whether a company can sue to block the enforcement of an IRS notice that imposes certain reporting requirements, or whether the company must wait and sue only after the IRS assesses tax ...
Tags: Featured, Law, Congress, Bond, AIA, South Carolina, Irs, Cic, Simon, Alexander, Sonia Sotomayor, APA, John Roberts, Internal Revenue Service, Alito, Barrett

Argument analysis: Justices seem inclined to put off ruling on merits of Trump’s plan for census data

The Supreme Court heard oral argument on Monday in Trump v. New York, the challenge to the Trump administration’s plan to exclude people who are in the United States illegally from the state-by-state breakdown used to allocate seats in the House of Representatives. The stakes are high in the case: If the justices allow the administration to implement the plan before it leaves office in January, states with large immigrant populations could lose political power, while states with fewer immigrants...
Tags: New York, Featured, Supreme Court, Law, Congress, United States, Commerce, House, House Of Representatives, Donald Trump, Wall, Ross, Trump, Ho, State, Sonia Sotomayor

Justices lift New York’s COVID-related attendance limits on worship services

The Supreme Court late Wednesday night granted requests from the Roman Catholic Diocese of Brooklyn and two Orthodox Jewish synagogues to block enforcement of a New York executive order restricting attendance at houses of worship. Both the diocese and the synagogues claimed that the executive order violated the right to the free exercise of religion guaranteed by the First Amendment, particularly when secular businesses in the area are allowed to remain open. Wednesday’s orders by a closely divi...
Tags: New York, Featured, Supreme Court, Law, California, Brooklyn, Nevada, Andrew Cuomo, Ruth Bader Ginsburg, Cuomo, State, John Roberts, Roberts, Howe, Barrett, U S Court of Appeals

Wednesday round-up

Here’s a round-up of Supreme Court-related news and commentary from around the web: On Night of Ginsburg’s Death, McConnell Pushed Trump to Nominate Amy Coney Barrett (Patrice Taddonio, Frontline) Indiana Asks the Supreme Court to Let It Strip Rights From Same-Sex Parents (Mark Joseph Stern, Slate) Texans still can’t buy liquor in Walmart, after U.S. Supreme Court rejects bid (Stacey Fernandez, The Texas Tribune) Now that Pennsylvania has certified its election results, we may never know whethe...
Tags: Supreme Court, Law, Walmart, Pennsylvania, Round-up, U S Supreme Court, Mark Joseph Stern, Josh Blackman, Ginsburg, Barrett, McConnell Pushed Trump, Stacey Fernandez, Texas Tribune Now

Monday round-up

After agreeing Friday to review two new cases — both involving the scope of police officers’ search-and-seizure authority — the Supreme Court will begin Thanksgiving week by releasing additional orders from its Friday conference. Among the issues pending on the court’s docket this week is a pair of emergency requests from religious organizations seeking to stop New York from enforcing restrictions on large gatherings at religious congregations. New York responded to the requests last week by tel...
Tags: New York, Supreme Court, Law, Round-up, Robert Barnes, Barrett, Amicus Curiae, National Law Journal Supreme Court, Michael Macagnone, Washington Post The Supreme Court, Anthony Franze Reeves Anderson

The first and last sentences of a Washington Post article titled "Supreme Court continues capital punishment trend with Barrett on the bench."

First sentence: "The Supreme Court continued its trend late Thursday night of allowing federal executions to go forward, with new Justice Amy Coney Barrett participating in her first capital punishment case on the court."  Last sentence: "Hall and three others drove the teenager to a motel room in Arkansas, where they assaulted her and then beat her with a shovel before she was buried alive." ADDED: Notice the switch to the passive voice: "they assaulted her and then beat her with a shovel ...
Tags: Murder, Supreme Court, Law, Washington Post, Arkansas, Death Penalty, Catholic, Notre Dame, Catholics, Hypocrisy, Robert Barnes, WaPo, Supreme Court Justice, Barrett, U S Court of Appeals, Religion And Government

Court issues new circuit assignments

A little less than a month after the confirmation of Justice Amy Coney Barrett, the Supreme Court on Friday issued a new set of circuit justice assignments, which take effect immediately. Barrett was assigned to the 7th Circuit, where she served as a judge for three years before becoming a justice. Two other justices, Sonia Sotomayor and Neil Gorsuch, were also assigned for the first time to the circuits where they had previously served as judges – Sotomayor to the 2nd Circuit and Gorsuch to the...
Tags: Featured, Supreme Court, Law, Washington, New York City, Ruth Bader Ginsburg, Sonia Sotomayor, Howe, Barrett, Sotomayor, Stephen Breyer, Breyer, 7th Circuit, 10th Circuit, 2nd Circuit, 8th Circuit

After SCOTUS lifts stay by 6-3 vote, federal government completes it eighth execution of 2020

As reported here via SCOTUSblog, the "Supreme Court on Thursday night allowed the government to proceed with the execution of Orlando Hall, who became the eighth federal inmate to be put to death since the Trump administration resumed federal executions in July."  Here is more: Hall was sentenced to death for his role in the kidnapping, rape and murder of 16-year-old Lisa René in 1994.  In a one-sentence order, the Supreme Court lifted a district judge’s last-minute injunction that had temporar...
Tags: Supreme Court, Law, Congress, Tennessee, Catholic, Hall, Trump, Fdca, Antonin Scalia, Barrett, U S Court of Appeals, Elena Kagan, Barr, U S District Court for the District of Columbia, Terre Haute Indiana, DC Circuit

Justices clear the way for eighth federal execution this year

The Supreme Court on Thursday night allowed the government to proceed with the execution of Orlando Hall, who became the eighth federal inmate to be put to death since the Trump administration resumed federal executions in July. Hall was sentenced to death for his role in the kidnapping, rape and murder of 16-year-old Lisa René in 1994. In a one-sentence order, the Supreme Court lifted a district judge’s last-minute injunction that had temporarily blocked Hall’s execution. Justices Stephen Breye...
Tags: Featured, Supreme Court, Law, Catholic, Department Of Justice, Hall, Death Penalty Information Center, Trump, Fdca, Antonin Scalia, Bernard, Barrett, U S Court of Appeals, Elena Kagan, U S District Court for the District of Columbia, Lisa Montgomery

Brooklyn Catholic diocese asks justices to block limits on attendance at church services

The Roman Catholic Diocese of Brooklyn asked the Supreme Court on Thursday to block limits imposed on in-person church attendance because of the coronavirus pandemic. The plea renews a dispute over restrictions on worship services while some secular businesses remain open. The Supreme Court rebuffed similar challenges over the summer, but this is the first one to come to the justices since Justice Amy Coney Barrett’s confirmation last month, and the diocese could find more success before the now...
Tags: New York, Featured, Supreme Court, Law, California, San Diego, Nevada, Andrew Cuomo, San Diego County, Ruth Bader Ginsburg, Gavin Newsom, Cuomo, Thomas, John Roberts, Roberts, Howe

Thursday round-up

Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Court Lies Low as Trump Keeps Pressing Election Claims (Greg Stohr, Bloomberg) The Supreme Court’s Pennsylvania Cleanup (Editorial Board, The Wall Street Journal) Key Justices Signal Support for Affordable Care Act (Adam Liptak, The New York Times) (Jess Bravin, The Wall Street Journal) Supreme Court Appears Likely To Uphold Obamacare (Nina Totenberg, NPR) Supreme Court Justice Brett Kavanaugh’s Vote...
Tags: Supreme Court, Law, Obamacare, Gop, Round-up, Adam Liptak, Barrett, Jonathan Adler, Joan Biskupic, Lisa Soronen, State Legislatures, Brett Kavanaugh, Mary Reichard, John Vlahoplus, Daniel Cotter, Supreme Court Lies Low

Argument analysis: Justices revisit immigration notice provision, parsing statutory text while urging practical solutions

David Zimmer, attorney for Agusto Niz-Chavez, calls in to argue (Art Lien) On Monday morning, the Supreme Court heard oral argument in Niz-Chavez v. Barr, a case that centers on the “stop-time rule,” the same provision of the Immigration and Nationality Act examined by the court in Pereira v. Sessions and Barton v. Barr. The stop-time rule limits access to cancellation of removal, a powerful form of relief for noncitizens who find themselves in removal proceedings. In order to qualify for canc...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Chevron, Zimmer, Thomas, Sonia Sotomayor, John Roberts, NTA, Pereira, Yang, Roberts, Alito, Barrett

Argument analysis: ACA seems likely to survive, but on what ground?

After roughly two hours of oral argument in the Supreme Court on Tuesday, it appeared likely that the Affordable Care Act will survive yet another effort in the courts to dismantle it. Although there may be five votes to strike down the ACA’s individual mandate – the provision in the law that directs virtually all Americans to buy health insurance – a majority of the court in California v. Texas seemed to agree with the ACA’s defenders that even if the mandate is unconstitutional, the rest of th...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, House, House Of Representatives, ACA, Medicaid, Wall, Irs, Trump, Thomas, Hurley, Sonia Sotomayor

Justices grant new cases involving challenges to Social Security Administration judges

The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The justices added two new cases, consolidated for one hour of oral argument, to their merits docket for the term. Monday’s list was also the first set of regularly scheduled orders in which the court’s newest justice, Amy Coney Barrett, participated. The justices agreed in Carr v. Saul and Davis v. Saul to weigh in on when someone seeking Social Security benefits can challenge the validity of the ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Davis, Social Security Administration, Federal Trade Commission, Ftc, Carr, Calif, Howe, Barrett, Saul, U S Court of Appeals, Federal Election Commission

Symposium: “Schrödinger’s tax” is dead – and the command to buy health insurance is unconstitutional

This article is part of a symposium previewing California v. Texas. Matthew Forys is the associate general counsel and chief of staff at the Landmark Legal Foundation. He filed an amicus brief on Landmark’s behalf in support of Texas. Congress amended the Affordable Care Act’s shared responsibility payment to $0 in 2017, calling into question whether Section 5000A can still be interpreted as a proper exercise of Congress’ taxing power, as held by the Supreme Court in National Federation of Indep...
Tags: Texas, Featured, Supreme Court, Law, Obama, Congress, California, Ruth Bader Ginsburg, ACA, Irs, John Roberts, Roberts, Ginsburg, NFIB, Barrett, U S Court of Appeals

Argument analysis: Justices consider whether crimes of recklessness require longer sentences under Armed Career Criminal Act

In Tuesday’s oral argument in Borden v. United States, the justices proposed hypothetical conduct to ascertain whether a crime of recklessness qualifies as a violent felony under the Armed Career Criminal Act’s “elements clause” or “force clause.” The scenarios included: Waving one’s arms; Swinging a bat; Shooting a hat off a person’s head; Attempting to escape with a car after a bank robbery; Texting while driving; and Drunk driving. Kannon Shanmugam argues via phone for Charles Borden (Art ...
Tags: Featured, Supreme Court, Law, Congress, United States, Johnson, Thomas, Sonia Sotomayor, John Roberts, Barrett, Borden, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan

The dilemma of the Pennsylvania injunction request

The Pennsylvania Supreme Court has ruled that mail-in ballots received within three days of Election Day will be counted and presumed to have been timely mailed. That ruling interprets the state constitution to invalidate a state statute that requires mail-in ballots to be received by Election Day. Pennsylvania Republicans argue to the contrary that the legislative deadline is controlling because the U.S. Constitution gives state legislatures the authority to determine how to count votes for pre...
Tags: Featured, Law, Pennsylvania, U S Supreme Court, John Roberts, Pennsylvania Supreme Court, Alito, Barrett, Samuel Alito, Amy Coney Barrett, Election litigation

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