Society


Posts filtered by tags: Brett Kavanaugh[x]


 

"Who cares about a parenting memoirist’s removal from a law-school teaching roster?"

"The answer is, in part, because this story manages to touch on seemingly every single cultural flashpoint of the past few years. Chua’s critics see a story about #MeToo—because of her husband, but also because Chua supported the nomination of Brett Kavanaugh to the Supreme Court, even after he was accused of sexual assault. Meanwhile, Chua’s defenders see a morality tale about liberal cancel culture. 'What they’ve done to you is SOP'—standard operating procedure—'for conservative allies but chi...
Tags: Supreme Court, Law, Yale, Lulu, Megyn Kelly, Yale Law, Amy Chua, Chua, Yale Law School, Niall Ferguson, Ann Althouse, Brett Kavanaugh, Jed -RSB- Rubenfeld


Protecting free exercise under Smith and after Smith

This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia. Thomas C. Berg is the James L. Oberstar professor of law and public policy at the University of St. Thomas (Minnesota). Douglas Laycock is the Robert E. Scott distinguished professor of law at the University of Virginia.  Fulton v. Philadelphia is an important win for religious liberty. Philadelphia may not terminate its foster-care services contract with Catholic Social Services on the ground that CS...
Tags: Featured, Law, Congress, Css, United States, Philadelphia, Smith, Boy Scouts Of America, Gillette, Fulton, Dale, Barrett, Clarence Thomas, Samuel Alito, Kavanaugh, Catholic Social Services


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 morning read for Thursday, June 17

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 Thursday morning read: Reading the tea leaves: Remaining cases as of June 16 (Amy Howe, Howe on the Court) Activists, academics step up pressure on Justice Breyer to retire (Robert Barnes, The Washington Post) The Truth Teller of the Supreme Court (Linda Greenhouse, The New York Times)...
Tags: Supreme Court, Law, Npr, Round-up, Robert Barnes, Breyer, Michael Schaub, Brett Kavanaugh, Amy Howe Howe, Texas U S Supreme Court, Colleen DeGuzman, Texas Tribune Supreme Court


Court makes it easier for appellate courts to affirm federal felon-in-possession convictions after Rehaif

Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v. Gary. Justice Brett Kavanaugh wrote for a unanimous court affirming Greer and an 8-1 majority reversing Gary, stating that “if a defendant was in fact a felon, it will be difficult for him to carry the burden ...
Tags: Featured, Supreme Court, Law, Court, United States, Gary, Sonia Sotomayor, Greer, U S Court of Appeals, Sotomayor, Kavanaugh, 4th Circuit, Merits Cases, United States and United States, Brett Kavanaugh, Rehaif


Justices request government’s views on Harvard affirmative-action dispute

The Supreme Court on Monday asked the federal government to weigh in on whether the justices should once again wade into the battle over affirmative action. In an order list issued from last week’s private conference, the court asked Acting Solicitor General Elizabeth Prelogar to file a brief expressing the government’s views on a challenge to Harvard’s race-conscious admissions policy. Even if the justices ultimately decide to grant review in Students for Fair Admissions v. President and Fello...
Tags: Texas, Featured, Supreme Court, Law, Harvard, Harvard University, Kennedy, University Of Michigan, University Of North Carolina, Sonia Sotomayor, Antonin Scalia, Lyle Denniston, Scalia, Fisher, University of Texas, Howe


Court limits new trials for people with felon-in-possession convictions

A defendant convicted of being a felon-in-possession of a firearm under 18 U.S.C. § 922(g) after the Supreme Court’s 2019 decision in Rehaif v. United States is not entitled to a new trial or plea hearing unless he “makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon,” the court ruled Monday in the cases of Greer v. United States and United States v. Gary. Justice Brett Kavanaugh wrote for the unanimo...
Tags: Featured, Supreme Court, Law, United States, Gary, Sonia Sotomayor, Greer, U S Court of Appeals, Merits Cases, United States and United States, Brett Kavanaugh, Rehaif, Gregory Greer, Michael Andrew Gary, Gary Justice, Gary In Rehaif


When is a habeas petition “second or successive”?

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court cleared out both of last week’s new relists with dispatch. The court granted cert in Federal Bureau of Investigation v. Fazaga, 20-828, involving whether Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978, which creates procedures for people to seek to suppress FISA evidence that will be introduce...
Tags: Featured, Supreme Court, Law, Congress, California, Court, Arizona, Davis, Woodford, California Supreme Court, Miranda, Federal Bureau of Investigation, Reeves, Sonia Sotomayor, Scott, 9th Circuit


"And we all know that this is about payback for supporting Brett Kavanaugh, no more. If it brings the law school bad press..."

"... and ruins the already disappointing deanship of Heather Gerken — spoiler, it has — then that’s justice. Just read this, and imagine putting any of these people in charge of your life, your liberty, or your business’s future."Glenn Reynolds weighs in on the Yale Law School controversy. This is the complicated Amy Chua/Jed Rubenfeld matter that I'm not taking any position on, because I don't trust the witnesses.Meanwhile, at Lawyers, Guns & Money, Paul Campos is reviling Chua and Rubenfeld. C...
Tags: Law, Yale, Kentucky Derby, Belmont, Campos, Glenn Reynolds, Instapundit, Amy Chua, Chua, Yale Law School, Heather Gerken, Ann Althouse, Paul Campos, Lawprofs, Analogies, Brett Kavanaugh


Affirmation of inherent tribal power to police blurs civil and criminal Indian law tests

On Tuesday in United States v. Cooley, the Supreme Court upheld a power that tribal governments have long assumed they possessed as a basic necessity of ensuring public safety. The court held that tribal governments — and thus their police officers — retain the power to temporarily stop, and if necessary, search non-Indians traveling on public rights-of-way (highways) through reservations for suspected violations of federal or state laws. The unanimous opinion was authored by Justice Stephen Br...
Tags: Law, Congress, Montana, United States, Shirley, Reina, 9th Circuit, The Supreme Court, U S Court of Appeals, Stephen Breyer, Breyer, Samuel Alito, Kavanaugh, Cooley, Oliphant, Merits Cases


Justices grant state secrets case, won’t tackle male-only draft

The Supreme Court on Monday announced that it would add another case involving the state secrets privilege, which allows the government to block the release of sensitive national security information in litigation, to its argument calendar for next term. The court also turned down a challenge to the requirement that only men register for the draft, with three justices explaining that Congress is examining the issue right now. Both announcements came on the list of orders that the justices relea...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Department Of Defense, Fbi, Muslim, Cia, Anthony Davis, Muslims, Federal Bureau of Investigation, Sonia Sotomayor, American Civil Liberties Union, 9th Circuit, Howe


The Supreme Court said it won't hear a case challenging why only men have to register for the draft in the US

U.S. Army soldiers from Stryker Brigade Combat Team stand after a live fire drill during joint exercises with South Korea, dubbed Key Resolve and Foal Eagle, at Seungjin Fire Training Field in Pocheon, South Korea, Monday, March 7, 2011. South Korean and U.S. troops kicked off their annual drills on Feb. 28, while North Korea slammed the maneuvers as a rehearsal for invasion that could trigger a nuclear war on the divided peninsula. Ahn Young-joon/AP The Supreme Court on Monday said it wou...
Tags: South Korea, Politics, News, Supreme Court, Congress, North Korea, Court, US, Trends, Military, Sonia Sotomayor, The Supreme Court, U S Army, Sotomayor, Stephen Breyer, Chris Geidner


'Tiger Mom' Amy Chua speaks out about her battle with Yale Law

Hello!Welcome to this weekly roundup of stories from Insider's Business co-Editor in Chief Matt Turner. Subscribe here to get this newsletter in your inbox every Sunday.What we're going over today:How "Tiger Mom" Amy Chua became the pariah of Yale Law.50 founders and VCs dish on what it's like to work with Jason Calacanis, Silicon Valley's most polarizing investor.Gen Xers, in the middle of middle-age, are embracing the status quo.Capitol Hill staffers vent about unlivable pay an...
Tags: Amazon, Business, Florida, Supreme Court, Law, Congress, Life, White House, US, NFL, America, Newsletter, Trends, Bank Of America, Bloomberg, Brooklyn


Diverse six-justice majority rejects broad reading of computer-fraud law

The Supreme Court’s decision on Thursday in Van Buren v. United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years. Among other things, the CFAA criminalizes conduct that “exceeds authorized access” of a compute...
Tags: Featured, Supreme Court, Law, Georgia, United States, Department Of Justice, John Roberts, The Supreme Court, Van Buren, Barrett, Elena Kagan, Clarence Thomas, Samuel Alito, CFAA, Merits Cases, Brett Kavanaugh


State secrets and the constitutionality of the male-only draft

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The world was in balance this week, as the Supreme Court cleared out two relisted cases even as it took on two new relists. Good news for the petitioner in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 20-915, as the court agreed to decide whether knowing falsity alone is enough to justify invalidating a copyright, or whether a par...
Tags: Featured, Supreme Court, Law, Congress, California, Court, Department Of Defense, Fbi, United States, Davis, Woodford, California Supreme Court, Federal Bureau of Investigation, Sanders, Reeves, Scott


Justices to tackle copyright dispute next term

The Supreme Court on Tuesday agreed to hear a copyright clash over a fashion design and declined to revisit the authority of police officers to enter homes without a warrant. In an order list from the justices’ May 27 private conference, the justices added just one new case to their docket for next term: Unicolors, Inc. v. H&M Hennes & Mauritz, in which the justices agreed to weigh in on a technical question of copyright law and procedure arising from a dispute between a Los Angeles fabric desi...
Tags: Featured, Supreme Court, Law, Los Angeles, Iowa, Johnson, Rhode Island, Sanders, Johnson Johnson, Howe, U S Court of Appeals, Hennes Mauritz, Samuel Alito, Kavanaugh, Goldstein Russell, 8th Circuit


Habeas restrictions, copyright and the potential return of the “community caretaking” exception

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. After the Supreme Court’s spring cleaning last week, the justices were down to just two relists on their rolls. Then on this week’s order list, the court denied cert on one of the remaining two, 10-time relist Johnson v. Precythe, 20-287, involving a death row prisoner’s method-of-execution claim under the Eighth Amendment. Three ju...
Tags: Featured, Supreme Court, Law, Congress, Court, Alabama, United States, Williams, Davis, New Mexico, Woodford, Johnson, Illinois, California Supreme Court, Sanders, Copyright Office


On Tax Day, unanimous court green-lights company’s lawsuit against IRS

The Supreme Court on Monday issued its opinion in CIC Services v. Internal Revenue Service. The case involved whether the Anti-Injunction Act, which generally prohibits lawsuits “for the purpose of restraining the assessment or collection of any tax,” bars pre-enforcement review of an IRS administrative notice aimed at gathering information regarding certain suspected tax shelter transactions. In an opinion released on the 2021 deadline for Americans to file their federal income taxes, the cour...
Tags: Featured, Supreme Court, Law, Tennessee, AIA, Irs, Cic, Sonia Sotomayor, Internal Revenue Service, U S Court of Appeals, Sotomayor, Elena Kagan, Kagan, Kavanaugh, Merits Cases, Brett Kavanaugh


The morning read for Tuesday, May 18

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 Tuesday morning read: Why Justice Breyer May Resist Calls for His Retirement (Adam Liptak, The New York Times) How Trump and McConnell set the final pieces for the Supreme Court to reconsider Roe v. Wade (Joan Biskupic, CNN) The Stakes of the Supreme Court’s New Abortion Case (Dan McLaug...
Tags: Supreme Court, Law, Round-up, Mark Joseph Stern, Josh Blackman, Adam Liptak, McConnell, Elena Kagan, Brett Kavanaugh, New York Times How Trump, Wade Joan Biskupic, New Abortion Case Dan McLaughlin National Review


In unanimous Fourth Amendment ruling, a reminder that there is, in fact, no place like home

On Monday, the Supreme Court released its opinion in Caniglia v. Strom, which unanimously held that a lower court’s extension of Cady v. Dombrowski’s “community caretaking” exception into the home defied the logic and holding of Cady, as well as violated the Fourth Amendment’s warrant requirement. With the court’s unanimity in Caniglia, the home remains the most sacred space under the Fourth Amendment; its sanctity literally houses its privilege. Sans warrant, exigency or consent, governmental ...
Tags: Featured, Supreme Court, Law, Edward, Rhode Island, Thomas, Cranston, John Roberts, Dombrowski, U S Court of Appeals, Clarence Thomas, Samuel Alito, Edward Caniglia, Merits Cases, Cady, Brett Kavanaugh


Justices divided on retroactive application of jury-unanimity rule

The Supreme Court on Monday ruled by a vote of 6-3 that inmates whose convictions became final before last year’s decision in Ramos v. Louisiana, holding that the Constitution’s Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts, cannot take advantage of it on federal collateral review. The geographical impact of Monday’s decision is limited to Louisiana and Oregon – the only two states that have allowed non-unanimous jury verdicts in recent ye...
Tags: Featured, Mississippi, Supreme Court, Law, Oregon, Louisiana, Roe V Wade, Edwards, Howe, Stephen Breyer, Elena Kagan, Kagan, Ramos, Kavanaugh, Apodaca, Vannoy


The morning read for Friday, May 14

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 Friday morning read: Is Brett Kavanaugh Out for Revenge? (McKay Coppins, The Atlantic) Supreme Court Clerk Hiring Watch: Completing The Clerk Class For October Term 2021 (David Lat, Original Jurisdiction) Supreme Court considers plea from parents of man killed in St. Louis jail who was s...
Tags: Supreme Court, Law, St Louis, Round-up, Thomas, Brett Kavanaugh, David Lat Original Jurisdiction Supreme Court, Ariane de Vogue CNN, Alison Frankel Reuters Biden, Supreme Court John Fritze USA Today


On a new, conservative court, Kavanaugh sits at the center

This article is the first in a series on interim statistics from the 2020-21 Supreme Court term. The Supreme Court has issued opinions in roughly half of the cases it will decide this term, and so far Justice Brett Kavanaugh has emerged as the new “median justice” on a solidly conservative court. If the trend holds, Kavanaugh will supplant Chief Justice John Roberts, who occupied the court’s ideological center before the rightward shift caused by the death of Justice Ruth Bader Ginsburg and her...
Tags: Featured, Supreme Court, Law, Republican, Donald Trump, Ruth Bader Ginsburg, Trump, Thomas, Democratic, Sonia Sotomayor, John Roberts, The Supreme Court, Roberts, Ginsburg, Barrett, Sotomayor


Noting how carceral craziness and foolhardy finality fixations result in cases like Tarahrick Terry's

As highlighted in this post following this past week's SCOTUS oral argument, the questions from the Justices strongly suggest that the Supreme Court will soon rule that Tarahrick Terry is not entitled to seek a resentencing under the FIRST STEP Act provision making the Fair Sentencing Act retroactive.  Over at SCOTUSblog, Ekow Yankah has this effective review of the Terry argument which spotlights a portion I found especially notable toward the end: One dissonant note came late in the morning, ...
Tags: Texas, Supreme Court, Law, Congress, Fsa, US, United States, Terry, Bias, Doj, Justice Department, Booker, Dorsey, Kavanaugh, Len Bias, USSC


Justices voice skepticism about retroactive sentencing reductions for low-level crack-cocaine offenders

On Tuesday, the Supreme Court heard its last case of the term. The case, Terry v. United States, about sentencing reductions for certain offenses involving crack cocaine, comes just a few months before the petitioner, Tarahrick Terry, is scheduled to be released after serving 13 years in prison. But the court’s eventual decision will likely affect hundreds of similarly situated defendants languishing behind bars. It will resolve a circuit split, determine the scope of a decades-long push to ena...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Terry, Bias, Dorsey, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, U S Court of Appeals, Sotomayor


Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


"When Joe Biden was the presumptive nominee against Donald Trump, they quickly vilified his accuser Tara Reade as a mentally unwell liar..."

"... just as they did in the 1990s to the group of women who accused Bill Clinton of various levels of sexual impropriety, including rape. When something like the presidency is at stake, female accusers of key Democratic male leaders are to be mocked and destroyed, not believed. That is because there is no discernible principle at play. It is only about power. Why was the highly educated Christine Blasey Ford to be believed with no evidence in her accusations against Brett Kavanaugh, and why is...
Tags: Law, Joe Biden, Glenn Greenwald, Bill Clinton, Donald Trump, Stringer, Scott Stringer, Ann Althouse, Brett Kavanaugh, Reade, Jean Kim, Christine Blasey Ford, Cancel Culture, Tara Reade, Tara Reader, Glenn Greenwald Substack Stringer


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


Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by pr...
Tags: Featured, Supreme Court, Law, John Roberts, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Niz Chavez



Filters
show more filters
April - 2021
MoTuWeThFrSaSu
   1234
567891011
12131415161718
19202122232425
2627282930  
May - 2021
MoTuWeThFrSaSu
     12
3456789
10111213141516
17181920212223
24252627282930
31      
June - 2021
MoTuWeThFrSaSu
 123456
78910111213
14151617181920
21222324252627
282930