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Thursday round-up

In the latest entry on the Supreme Court’s unofficial coronavirus docket, the court divided 5-4 on Wednesday over health-and-safety protocols designed to curb the spread of COVID-19 in a California county jail. The five conservative justices voted to temporarily put a stop to a lower court’s injunction that had required the jail to take various specific steps, such as allowing inmates to engage in social distancing. SCOTUSblog’s full story on the emergency ruling is here. Additional coverages co...
Tags: Supreme Court, Law, California, Bloomberg, New York Times, Round-up, Adam Liptak, Jess Bravin, Greg Stohr, Michael Dorf, Dorf, Little Sisters of the Poor, Kimya Forouzan, Pennsylvania Forouzan


Thursday round-up

Court-watchers are focusing on Espinoza v. Montana Department of Revenue, in which the court held on Tuesday that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. At Reason’s Volokh Conspiracy blog, Ilya Somin finds it “unfortunate” that the decision was “a close 5-4 ruling, split along ideological lines with the five conservative justices in the majority, and the four liberals all dissenting,” because “[s]triking ...
Tags: Texas, Supreme Court, Law, California, Planned Parenthood, Washington Post, Montana, United States, ACS, Louisiana, Jackson, ACA, Economist, Round-up, Lech, National Review


Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Wednesday round-up

This blog’s analysis of Monday’s decision in GE Energy Power Conversion v. Outokumpu Stainless, holding that, under an international convention governing the enforcement of foreign arbitral awards, a business that did not sign an arbitration agreement can still compel arbitration based on equitable estoppel, comes from Ronald Mann. At Courthouse News Service, Tim Ryan reports that “[t]he tangled arbitration dispute concerns several U.S. and foreign countries and the requirements of the so-called...
Tags: Usa, New York, Supreme Court, Law, California, Court, United States, New York Times, Courthouse News Service, Reuters, John Roberts, Alison Frankel, Roberts, U S Chamber of Commerce, Tim Ryan, Dorf


Tuesday round-up

This morning the court will hear argument in two of its highest-profile cases this term: Trump v. Mazars and Trump v. Vance, President Donald Trump’s efforts to shield his financial records, including his tax returns, from subpoenas issued to his accountant and lenders by a New York grand jury and three congressional committees. Amy Howe previewed the cases for this blog, in a post that first appeared at Howe on the Court. Philip Duggan and Robert Reese Oñate preview Mazars at Cornell Law School...
Tags: New York, Supreme Court, Law, Congress, Washington, White House, Russia, Court, America, Los Angeles, Cnn, Atlantic, Pennsylvania, United States, Bill Clinton, Fox News


Thursday round-up

Amy Howe analyzes yesterday’s argument in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate, for this blog, in a post that first appeared at Howe on the Court. At Fox News, Bill Mears and Ronn Blitzer report that “[a]t issue before the court Wednesday were challenges to Trump administration rules making it easier for some for-profit companies and religio...
Tags: Supreme Court, Law, Politico, Court, Nbc News, America, Georgia, Bloomberg, Cnn, Pennsylvania, Fox News, Epa, Npr, Vox, Donald Trump, Ruth Bader Ginsburg


Thursday round-up

Public health concerns related to COVID-19 continue to alter the Supreme Court’s practices. At Bloomberg Law, Kimberly Robinson reports that yesterday “[t]he U.S. Supreme Court joined the chorus of federal courts across the country trying to reduce paper filings amid the coronavirus outbreak,” suspending some of its filing requirements for cert-stage briefs and stating that some routine motions should be filed electronically. At Reason’s Volokh Conspiracy blog (via How Appealing), Josh Blackman ...
Tags: Supreme Court, Law, Bloomberg, United States, Round-up, U S Supreme Court, Josh Blackman, Van Buren, Dorf, Volokh Conspiracy, Orin Kerr, Volokh, Law Michael Dorf, Law Kimberly Robinson, Katie Bart


Friday round-up

Yesterday the Supreme Court announced that the court building would be closed to the public until further notice, but would remain “open for official business.” Amy Howe covers the announcement for this blog, in a post that first appeared at Howe on the Court. Also at this blog, Katie Bart and Kalvis Golde put the announcement in historical perspective. Jess Bravin reports for (subscription required) that the court “is next scheduled to hear oral arguments on March 23, beginning a two-week sit...
Tags: Google, New York, Supreme Court, Law, Washington, Mexico, China, Court, Atlantic, United States, Missouri, House, Kansas, Louisiana, Vox, Ruth Bader Ginsburg


Wednesday round-up

This morning the justices wrap up the February session with an oral argument in one of the marquee cases of the term, June Medical Services v. Russo, which involves a challenge to a Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Eric Cummings and Andrew Kingsbury have a preview at Cornell Law School’s Legal Information Institute. At Subscrip...
Tags: Supreme Court, Law, California, Washington Post, Court, Cnn, Liberty, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Ruth Bader Ginsburg, Chevron, Wall Street Journal


Thursday round-up

The court released three more opinions yesterday, all of them unanimous. In Holguin-Hernandez v. United States, the court held that a criminal defendant is not required to object formally to his sentence to preserve a challenge to the length of the sentence on appeal. Rory Little analyzes the opinion for this blog. The justices decided in Shular v. United States that a state drug offense is not required to match the elements of a generic analogue offense in order to qualify as a “serious drug of...
Tags: Supreme Court, Law, Washington Post, Court, US, United States, North Dakota, Arizona, Npr, Louisiana, Vox, Smith, Chevron, Justice Department, US supreme court, Round-up


Friday round-up

Subscript Law has a graphic explainer for Monday’s decision in Herrera v. Wyoming, in which the court held that a hunting right granted to the Crow Tribe under an 1868 treaty is still valid. At Dorf on Law, Michael Dorf writes that “on remand Wyoming can prevail by [showing] that enforcement of its law without exceptions for people like Herrera is necessary to serve the state’s interest in conservation”; he “contrast[s] that proposition with the operative constitutional rule for free exercise cl...
Tags: Florida, Maryland, Supreme Court, Law, Court, Merck, Long, Wyoming, Fda, Reed Smith, Hyatt, Round-up, Albrecht, The Supreme Court, Dorf, Herrera


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

Briefly: For The New York Times, Adam Liptak reports that “a group of hip-hop stars, including Chance the Rapper, Meek Mill, Killer Mike, Yo Gotti, Fat Joe and 21 Savage,” filed a brief yesterday “urg[ing] the Supreme Court to hear their fellow rapper’s First Amendment challenge to his conviction” “for threatening police officers — in a song.” At SCOTUS OA, Tonja Jacobi and Matthew Sag predict a 6-3 win for the proponents of the Peace Cross in The American Legion v. American Humanist Associatio...
Tags: Supreme Court, Law, Indiana, Atlantic, Liberty, New York Times, Davis, Chevron, Round-up, Thomas, International Finance Corporation, Adam Liptak, Jam, Loos, Stephen Breyer, Breyer


Monday round-up

Steven Mazie reports at The Economist that the oral argument last week in The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property, “added credence to the widespread hunch that the Supreme Court will save the Peace Cross[:] The question is how bold the justices will be.” At his eponymous blog, Ed Mannino notes that several justices expressed disapproval of “the highly-criticized three-part test set fo...
Tags: Supreme Court, Law, Congress, America, West Virginia, Cnn, Npr, Lemon, American Legion, Round-up, John Roberts, The Supreme Court, Roberts, International Finance Corporation, Nina Totenberg, Jam


“Why I Didn’t Sign the Kennedy Clerks’ Letter Supporting Confirmation of Brett Kavanaugh”

“Why I Didn’t Sign the Kennedy Clerks’ Letter Supporting Confirmation of Brett Kavanaugh”: Law professor Michael C. Dorf has this essay online at Justia’s Verdict. And at his blog, “Dorf on Law,” he has a related post titled “How to Retaliate for Garland.”
Tags: Law, Uncategorized, Dorf, Justia, Michael C Dorf, Brett Kavanaugh, Kennedy Clerks Letter Supporting Confirmation


“Reinvigorating Defensive Crouch Liberal Constitutionalism Part 2: Will Clarence Thomas Save Abortion Rights?”

“Reinvigorating Defensive Crouch Liberal Constitutionalism Part 2: Will Clarence Thomas Save Abortion Rights?” Michael C. Dorf has this post at the “Take Care” blog. Pare 1 appeared last week at the “Dorf on Law” blog with the title “Reinvigorating ‘Defensive Crouch Liberal Constitutionalism’ Part 1: Originalism and Searches.”
Tags: Law, Uncategorized, Dorf, Michael C Dorf


“Reinvigorating ‘Defensive Crouch Liberal Constitutionalism’ Part 1: Originalism and Searches.”

“Reinvigorating ‘Defensive Crouch Liberal Constitutionalism’ Part 1: Originalism and Searches.” Michael Dorf has this post at his blog, “Dorf on Law.” And online at Justia’s Verdict, Dorf has an essay titled “Can State Supreme Courts Protect Liberal Constitutionalism in the Coming Era of Reactionary SCOTUS Jurisprudence?“
Tags: Law, Uncategorized, Michael Dorf, Dorf, Justia


Both The Washington Post and The New York Times have front-page articles touting Chief Justice John Roberts as the new "swing vote."

From The New York Times, "With Kennedy Gone, Roberts Will Be the Supreme Court’s Swing Vote":Justice Sandra Day O’Connor became more moderate when Justice William J. Brennan Jr. and Justice Thurgood Marshall left the court, said Michael C. Dorf, a Cornell Law School professor who clerked for Justice Kennedy, and Justice Kennedy likewise moved to the center when Justice O’Connor departed.“It could manifest in compromise positions in his taking substantively more moderate stances on issues,” Mr. D...
Tags: Same-sex Marriage, Justice, Supreme Court, Law, Congress, Abortion, The New York Times, The Washington Post, University Of California, Kennedy, Trump, John Roberts, Elizabeth B Wydra, Drexel University, Robert Barnes, Roberts


“SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They’re Not”

“SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They’re Not”: Michael C. Dorf has this post at “Dorf on Law.”
Tags: Law, Uncategorized, Dorf, Michael C Dorf


Tuesday round-up

Yesterday the Supreme Court issued two more decisions, bringing the number of remaining cases down to four. Mark Walsh has a first-hand account of today’s opinion announcements for this blog. In Abbott v. Perez, the court, by a vote of 5-4, largely upheld Texas’ federal congressional and state legislative maps against a racial-gerrymandering challenge. Amy Howe analyzes the opinion for this blog; her analysis was first published at Howe on the Court. Subscript Law has a graphic explainer for the...
Tags: Usa, Texas, Supreme Court, Law, Washington Post, Washington, Bloomberg, Indiana, Cnn, Netflix, United States, Hawaii, New York Times, American Express, Ohio, Fox News


Friday round-up

Yesterday the Supreme Court released four decisions, including one in a high-profile case with significant implications for ecommerce. In South Dakota v. Wayfair, the justices voted 5-4 to overrule two prior cases that prohibited states from requiring out-of-state retailers who don’t have a store or warehouse in the state to collect tax on sales to state residents. Mark Walsh has this blog’s opinion analysis. Subscript has a graphic explainer for the decision. At Good Judgment, Ryan Adler notes ...
Tags: Apple, Usa, Supreme Court, Law, Congress, California, Washington Post, Washington, America, Pennsylvania, United States, South Dakota, Hawaii, New York Times, SEC, Fox News


“Ducking Day at the SCOTUS”

“Ducking Day at the SCOTUS”: Michael Dorf has this post at “Dorf on Law.”
Tags: Law, Uncategorized, Michael Dorf, Dorf


“Specious Speciesism in the Monkey Selfie Case”

“Specious Speciesism in the Monkey Selfie Case”: Michael Dorf has this post at his “Dorf on Law” blog about his new column at Justia.com’s Verdict, titled “Appeals Court Rejects PETA’s ‘Monkey Selfie’ Case.”
Tags: Law, Uncategorized, Peta, Michael Dorf, Dorf, Justia com s Verdict


Wednesday round-up

Coverage continues of Monday’s three new cert grants. At CNN, Ariane de Vogue reports that “[t]he Supreme Court agreed … to take up the death penalty case of Russell Bucklew, a Missouri inmate who claims his execution would likely cause him ‘needless suffering’ because he suffers from a rare disease.” Steven Mazie notes at The Economist’s Democracy in America blog that under the court’s precedent, “[i]t may fall on Mr Bucklew … to show that Missouri has a viable way to kill him that is demonstra...
Tags: Google, Supreme Court, Law, Washington Post, Sacramento, America, Bloomberg, Missouri, New Jersey, Ruth Bader Ginsburg, Courthouse News Service, Economist, Round-up, Frank, Sonia Sotomayor, Murphy


“SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu”

“SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu”: Michael Dorf has this post at “Dorf on Law.”
Tags: Law, Uncategorized, Michael Dorf, Dorf, Korematsu


Afternoon round-up: Today’s oral argument in Trump v. Hawaii

Today the Supreme Court heard oral argument in Trump v. Hawaii, a challenge to the latest version of the Trump administration’s entry ban. Amy Howe has this blog’s analysis, which was first published at Howe on the Court. She reports that after over an hour of debate, “a majority of the court (and perhaps even a solid one) appeared ready to rule for the government and uphold the order in response to concerns about second-guessing the president on national-security issues.” Mark Walsh provides a ...
Tags: Texas, Supreme Court, Law, Washington Post, US, Los Angeles, Bloomberg, Hawaii, New York Times, Associated Press, Npr, Abbott, Trump, Round-up, Mark Sherman, Perez


“Will Justice Gorsuch Give us a June Surprise?”

“Will Justice Gorsuch Give us a June Surprise?” Eric Segall has this post at “Dorf on Law.”
Tags: Law, Uncategorized, Dorf, Gorsuch, Eric Segall, Gorsuch Give


Wednesday round-up

There are two cases on the court’s argument docket this morning. The first is Washington v. United States, in which the justices will consider the scope of tribal fishing rights. Miriam Seifter previewed the case for this blog. Jonathan Kim and Eugene Temchenko have a preview at Cornell Law School’s Legal Information Institute. Subscript offers a graphic explainer for the case. At E&E News, Amanda Reilly reports that the tribes around Puget Sound are asking the “justices to uphold a 2013 court i...
Tags: Usa, Supreme Court, Law, Obama, Congress, Colorado, Washington, Politico, Court, Los Angeles, United States, Williams, South Dakota, Hawaii, SEC, Fox News



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