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The morning read for Wednesday, June 23

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: The Politics of Supreme Court Retirements (Isaac Chotiner, The New Yorker) Stop Telling Justice Breyer to Retire (Dahlia Lithwick, Slate) Clarence Thomas vs. the Fictional Progressive Narrative (Jason Riley, The Wall Street Journal) John Roberts: The man in the mi...
Tags: Supreme Court, Law, Round-up, John Roberts, Breyer, Michael Dorf, Clarence Thomas, Jason Riley, Sarah Isgur Deseret


"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


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


"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


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


The morning read for Monday, June 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 Monday morning read: Justice Breyer’s Legacy-Defining Decision (Adam Cohen, The Atlantic) How the Anti-Abortion Movement Used the Progressive Playbook to Chip Away at Roe v. Wade (Mary Ziegler & Robert Tsai, Politico Magazine) Justices Slow to Take On Policing Issues (Kenneth Jost, Jost ...
Tags: Supreme Court, Law, Atlantic, Round-up, U S Supreme Court, Breyer, Adam Cohen, Marcia Coyle, Kenneth Jost Jost, David Shepardson Reuters, Justice U S Supreme Court


Less travel, plenty of royalties for justices in 2020

The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosures, which the Administrative Office of the U.S. Courts released (and Fix the Court posted online) on Friday. Unlike in previous years, the justices mostly stayed close to home, with only two justices reporting reimbursements for trips after the pandemic hit in mid-March. The financial disclosures, which are released every year around this time, are relatively opaque. For example, they...
Tags: Florida, New York, Featured, Supreme Court, Law, Colorado, Washington, New York City, Court, Indiana, University of Florida, Peter Pan, Princeton University Press, Penguin Random House, Caribbean, George Washington University


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


Court unanimously holds that Indian tribes retain the inherent power to police non-Indians

In its first major opinion on the scope of American Indian tribes’ sovereign powers in decades, the Supreme court held on Tuesday in United States v. Cooley that tribal governments — and thus their police officers — have the power to search and temporarily detain non-Indians suspected of breaking federal or state laws within reservations. Justice Stephen Breyer wrote the opinion for the court. Justice Samuel Alito filed a brief concurrence noting that he views the holding as a limited one. The ...
Tags: Featured, Law, Montana, United States, Stephen Breyer, Breyer, Samuel Alito, Cooley, Merits Cases, Joshua James Cooley


The morning read for Tuesday, June 1

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: Supreme Court: Five things to watch in final weeks of high court’s term (John Fritze, USA Today) Major rulings including Obamacare loom for U.S. Supreme Court (Lawrence Hurley, Reuters) What the Public Thinks About Major Supreme Court Cases This Term (Adam Liptak & ...
Tags: Usa, Supreme Court, Law, New York Times, Round-up, Ian Millhiser, Breyer, John Fritze, Samuel Brunson, U S Supreme Court Lawrence Hurley Reuters, Public Thinks About Major Supreme Court, Adam Liptak Alicia Parlapiano, Fulton Supreme Court


“Basically optimistic” Breyer on American government, missing RBG

Justice Stephen Breyer extolled the virtues of civics education and reaching out across ideological divides, arguing on Friday that when enough people want their elected officials to work together, they will do so. Breyer’s remarks, which the 82-year-old jurist made during a wide-ranging conversation with Jeffrey Rosen of the National Constitution Center, came on the same afternoon that Senate Republicans used a procedural filibuster to block legislation that would have created a bipartisan com...
Tags: Featured, Mississippi, Supreme Court, Law, Senate, Joe Biden, United States, Ruth Bader Ginsburg, Kennedy, Ruth, Howe, Joanna, Stephen Breyer, Breyer, Rosen, National Gallery of Art


The morning read for Friday, May 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 Friday morning read: Justices Curb Trial Court Discretion in Appellate Cost Award (Kimberly Strawbridge Robinson, Bloomberg Law) How Anti-Abortion Activists’ “Reckless Dream” Made It to the Supreme Court (Marie Solis, The New Republic) Justice Breyer’s Misguided Institutionalism (Noah Be...
Tags: Featured, Supreme Court, Law, Harvard, Round-up, Breyer, Harvard Crimson, Marie Solis, Kimberly Strawbridge Robinson Bloomberg Law, Noah Berlatsky Liberal Currents Supreme Court, Vivi Lu


The morning read for Tuesday, May 25

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: An Inmate Who Sought Execution By Firing Squad Loses Supreme Court Appeal (Nina Totenberg, NPR) Top Court Revives Guam’s Superfund Cost Claim Against U.S. (Sylvia Carignan & Ellen Gilmer, Bloomberg Law) Win for states: Ruling lets Guam bill U.S. for dump cleanup (E....
Tags: Supreme Court, Law, Biden, Round-up, Breyer, Guam, William McGurn, Quit Supreme Court, Ryan Teague Beckwith Gregory Korte Bloomberg


Justices won’t hear Missouri inmate’s request to choose firing squad over lethal injection

Over the objection of the court’s three liberal justices, the Supreme Court on Monday turned down a request from a Missouri death-row inmate who is contesting the state’s method of lethal injection and wants to propose the firing squad as a more humane method of execution. Ernest Johnson is missing nearly a fifth of his brain tissue as a result of surgery to treat a brain tumor, and he contends that there is a substantial risk that the drugs used in Missouri’s lethal-injection process will caus...
Tags: Utah, Featured, Supreme Court, Law, United States, Missouri, Johnson, South Carolina, Sonia Sotomayor, Howe, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Bucklew, 8th Circuit


By 6-3 vote, SCOTUS in Edwards v. Vannoy rewrites Teague to say all new procedural rules not retroactive in federal habeas

The Supreme Court this morning handed down an opinion in Edwards v. Vannoy, No. 19–5807 (S. Ct. May 17, 2021) (available here), which holds that the "Ramos jury-unanimity rule ... does not apply retroactively on federal collateral review." Justice Kavanaugh wrote the opinion for the Court, and it starts this way: Last Term in Ramos v. Louisiana, 590 U. S. ___ (2020), this Court held that a state jury must be unanimous to convict a criminal defendant of a serious offense.  Ramos repudiated this ...
Tags: Supreme Court, Law, Scotus, Washington, Oregon, Court, Wyoming, Louisiana, Duncan, Edwards, Lane, Crawford, Sotomayor, Breyer, Kagan, Ramos


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


Bye-Bye, Breyer, It’s Time To Retire

This law school dean wants the justice to step down, before it's too late.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Stephen Breyer, Breyer, Supreme Court Retirement Watch


The morning read for Monday, May 10

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 Monday morning read: Justice Breyer should learn from Justice Ginsburg’s mistake — and retire now ( Erwin Chemerinsky, The Washington Post) GOP’s Voting Curbs Show Long Reach of 2013 Supreme Court Ruling (Greg Stohr & Margaret Newkirk, Bloomberg) The Supreme Court made the GOP’s new vot...
Tags: Supreme Court, Law, Gop, Round-up, Ian Millhiser, Ginsburg, Breyer, Erwin Chemerinsky, Washington Post GOP


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


Maybe Don’t Twist Breyer’s Arm About Retiring, Dems

Should he stay or should he go now? Just make a decision already.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Stephen Breyer, Breyer, Supreme Court Retirement Watch


The morning read for Friday, May 7

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: Will the Supreme Court Write Guantánamo’s Final Chapter? (Linda Greenhouse, The New York Times) The Democrats Are Doing Court Reform Backward (Simon Lazarus & Robert Litan, The New Republic) In Deciding Fulton v. Philadelphia, the Supreme Court Should Remember That F...
Tags: Supreme Court, Law, New York Times, Round-up, New Republic, Fulton, Linda Greenhouse, Breyer, Adam Gopnik, Simon Lazarus Robert Litan, Supreme Court Write Guantánamo, Philadelphia the Supreme Court, Ariane de Vogue Manu


Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit


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


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


Justices unanimously reject FTC’s authority to compel monetary relief

My post summarizing the oral argument in AMG Capital Management v. Federal Trade Commission suggested that it didn’t go well for the FTC because even Justice Stephen Breyer was unreceptive to the broad authority the commission was claiming in its efforts to recoup money from businesses accused of deceiving consumers. That understanding was born out Thursday when Breyer’s opinion for a unanimous court firmly and categorically rejected the commission’s argument. As Breyer explains, the case inv...
Tags: Featured, Law, Congress, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management, AMG Capital


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


Unanimous court curtails FTC’s ability to obtain restitution for deceptive practices

The Supreme Court on Thursday unanimously ruled against the Federal Trade Commission in a dispute with a payday loan company over the extent of the commission’s authority to seek monetary restitution from companies engaged in deceptive practices. In an opinion by Justice Stephen Breyer, the court held that Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek (and does not allow courts to award) “equitable monetary relief such as restitution or disgorgement.” That...
Tags: Featured, Supreme Court, Law, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management



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