Posts filtered by tags: Elena Kagan[x]


The upcoming nomination battle, explained

President Donald Trump is expected to announce his nominee to fill the late Justice Ruth Bader Ginsburg’s seat on Saturday at 5 p.m. EDT. Whomever Trump selects, the nomination is certain to trigger weeks of high-stakes procedural maneuvers as Republicans try to fast-track the nomination process and Democrats try to block it. Senate Majority Leader Mitch McConnell (R-Ky.) has promised a vote on the Senate floor sometime this year, but he has yet to specify whether it will take place before or af...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Barack Obama, Georgia, Democrats, Maine, Alaska, Arizona, John Mccain, Donald Trump, Ruth Bader Ginsburg, Committee

Justice Ginsburg the writer: Something in between

This tribute is part of a series on the life and work of the late Justice Ruth Bader Ginsburg. Ross Guberman is the president of Legal Writing Pro, the creator of BriefCatch, the author of Point Taken and Point Made, and the opinion-writing trainer for new federal judges. “Delighted to see the Supreme Court is interested in beer drinkers,” wrote Ruth Bader Ginsburg, then the 42-year-old head of the ACLU’s Women’s Rights Project and a professor at Columbia Law. Her correspondent: Fred Gilbert, co...
Tags: Featured, Supreme Court, Law, Virginia, Barack Obama, United States, Aclu, Oklahoma, Ruth Bader Ginsburg, Craig, Columbia, Paul Clement, Gore, Bush, Windsor, Antonin Scalia

Grieving RBG: Words of sorrow and gratitude from mourners at the court

As soon as the public learned of the death of Justice Ruth Bader Ginsburg on Friday evening, mourners began gathering outside the Supreme Court. Leaving flowers, candles and messages in chalk written near the courthouse steps, thousands of people have paid their respects to a woman who inspired a generation and, late in life, attained an iconic status in American culture. Over the weekend, SCOTUSblog’s deputy manager, Katie Bart, interviewed members of the public who gathered in remembrance and ...
Tags: Featured, Supreme Court, Law, Harvard, Ruth Bader Ginsburg, Mother Teresa, Thomas, Sonia Sotomayor, John Roberts, Emma, Ginsburg, Stephen Breyer, Elena Kagan, David Souter, Amy Howe, Thurgood Marshall

Statements from Supreme Court justices on the death of Justice Ginsburg (updated)

The eight members of the Supreme Court, along with retired Justices Anthony Kennedy and David Souter, released on Saturday addressing the death of Justice Ruth Bader Ginsburg. The full text of their remarks is below the jump: Chief Justice John Roberts: Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute ...
Tags: London, Featured, Supreme Court, Law, Virginia, Court, America, God, Ruth Bader Ginsburg, Ruth, Sonia Sotomayor, Mary, John Roberts, D C Circuit, Ginsburg, Marty

Ask the author: The evasive virtues and Supreme Court confirmation hearings

The following is a series of questions posed by Ronald Collins to Ilya Shapiro concerning his forthcoming book, Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (Regnery Gateway, 2020). Ilya Shapiro is the director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute and publisher of the Cato Supreme Court Review. He is the co‐author of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014...
Tags: Featured, Supreme Court, Law, Obamacare, Obama, Congress, Washington, Senate, White House, Barack Obama, Fbi, United States, Davis, Mitch McConnell, Donald Trump, Ruth Bader Ginsburg

Wednesday round-up

The federal government is scheduled to proceed Wednesday with the execution of Lezmond Mitchell after the Supreme Court, on Tuesday night, denied two emergency requests from Mitchell to halt the execution. Amy Howe reports for SCOTUSblog (in a story first published at Howe on the Court) that the execution will make Mitchell “the fourth federal inmate executed this year after nearly two decades in which the federal government did not carry out the death penalty.” Also on Tuesday, the court declin...
Tags: Supreme Court, Law, Montana, Court, Barack Obama, Cnn, United States, Green Party, Smith, Department Of Homeland Security, Ross, Mitchell, Round-up, Atlantic Ocean, Reuters, Howe

Justices appoint Utah law professor to defend structure of Federal Housing Finance Agency

The Supreme Court on Monday appointed Aaron Nielson, a professor at Brigham Young University’s J. Reuben Clark Law School, as a “friend of the court” in Collins v. Mnuchin, in which the justices are likely to hear argument this fall. Nielson, an expert on administrative law, will defend the constitutionality of the structure of the Federal Housing Finance Agency after the federal government declined to do so. The case is a dispute between shareholders of Fannie Mae and Freddie Mac and the FHFA, ...
Tags: Utah, Featured, Supreme Court, Law, Washington, Treasury, Collins, Paul Clement, Kirkland Ellis, Freddie Mac, Brigham Young University, Howe, Alito, U S Court of Appeals, Elena Kagan, Consumer Financial Protection Bureau

Empirical SCOTUS: If Ginsburg were to leave the court, her departure might resemble Thurgood Marshall’s

Justice Ruth Bader Ginsburg’s health is in the news again this year. She announced last month that she was being treated with chemotherapy — the fourth time since 1999 that she has battled cancer. After she was diagnosed with pancreatic cancer in 2009, she resisted pressure to retire from the Supreme Court under the Obama administration. With multiple hospital stays this year and the cancer recurrence, many question how long she will be able to stay on the court and whether her tenure will outla...
Tags: Supreme Court, Law, Obama, Senate, Barack Obama, Georgia, Reagan, Donald Trump, Ruth Bader Ginsburg, Kennedy, Trump, Marshall, Bush, Thomas, Antonin Scalia, John Roberts

Wednesday round-up

The Supreme Court on Tuesday again stepped in to prevent coronavirus-related changes to state election rules. The justices issued an emergency ruling freezing a lower court’s order that would have loosened the requirements for a government-reform coalition in Oregon to add a proposed state constitutional amendment to the state’s November ballot. Amy Howe breaks down the issue in a story for SCOTUSblog that was first published at Howe on the Court. The ruling is the latest in a series of COVID-re...
Tags: Supreme Court, Law, Oregon, Vox, Rhode Island, Round-up, Howe, Ian Millhiser, Roberts Court, Friedman, Elena Kagan, National Collegiate Athletic Association, Amy Howe, Steve Vladeck, Adam Cox, Hill Lawrence Friedman

Tuesday round-up

Two more cases involving state election rules during the coronavirus pandemic are before the Supreme Court on an emergency basis this week: one about absentee-ballot requirements in Rhode Island, and another about ballot-initiative rules in Oregon. In the Rhode Island case, Republican National Committee v. Common Cause Rhode Island, national and state Republicans asked the justices on Monday to temporarily undo a lower court’s order that suspended a requirement for the state’s absentee voters to...
Tags: Supreme Court, Law, Oregon, Chicago, Donald Trump, Republican National Committee, Rhode Island, Round-up, Democratic, Howe, Elena Kagan, Russo, Amy Howe, Common Cause, June Medical Services, Alice Clapman

Court will not stay NCAA athlete-compensation ruling

The Supreme Court declined on Tuesday to block a lower-court ruling that allows colleges and universities to pay some student-athletes for expenses related to education. The National Collegiate Athletic Association and a group of athletic conferences had asked the justices to stop the ruling by the U.S. Court of Appeals for the 9th Circuit from going into effect while they seek review of that decision in the Supreme Court. Justice Elena Kagan, who handles emergency requests from the 9th Circuit,...
Tags: Featured, Supreme Court, Law, California, Court, Ncaa, 9th Circuit, Howe, U S Court of Appeals, Elena Kagan, Kagan, NCAA Division, Seth Waxman, Emergency appeals and applications, The National Collegiate Athletic Association

Court reinstates Oregon ballot-initiative rules

For the fifth time this year, the Supreme Court set aside a lower-court order that would have altered state election rules in response to the coronavirus pandemic. The justices on Tuesday granted an emergency request by the state of Oregon to put on hold a ruling by a federal district judge that would have required the state to relax its requirements for getting a proposed amendment to the state’s constitution on the ballot in the November election. Two justices – Ruth Bader Ginsburg and Sonia S...
Tags: Featured, Supreme Court, Law, Oregon, Alabama, Idaho, Wisconsin, Republican Party, Ruth Bader Ginsburg, Republican National Committee, Rhode Island, Sonia Sotomayor, 9th Circuit, Howe, Ginsburg, Sotomayor

Symposium: Free exercise, RFRA and the need for a constitutional safety net

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Kim Colby is director of the Christian Legal Society’s Center for Law and Religious Freedom. She was counsel on amicus briefs on behalf of the Christian Legal Society in Espinoza v. Montana Department of Revenue, Our Lady of Guadalupe School v. Morrissey-Berru, Tanzin v. Tanvir and Fulton v. City of Philadelphia. Americans’ religious freedom depends on a patchwork of protections scattered throughout fed...
Tags: Featured, Supreme Court, Law, Congress, Montana, Fbi, House Of Representatives, Bill Clinton, Philadelphia, Catholic, Smith, Fulton, The Supreme Court, Equal Employment Opportunity Commission, Roberts, Clayton County

Siding with jail officials, court lifts injunction that imposed coronavirus safety measures

A divided Supreme Court on Wednesday revoked a lower-court order that required a California jail to implement stricter health and safety measures in response to the coronavirus pandemic. The 5-4 decision to undo the lower court’s injunction is the latest in a series of emergency rulings the justices have issued in disputes relating to the pandemic. The decision drew an eight-page dissent from Justice Sonia Sotomayor, who accused the five-justice majority of disregarding the lower court’s factual...
Tags: Featured, Supreme Court, Law, California, Cdc, Idaho, Circuit, Centers For Disease Control And Prevention, Sonia Sotomayor, 9th Circuit, Barnes, Sotomayor, Elena Kagan, Santa Ana California, Orange County Jail, U S Court of Appeals for the 9th Circuit

Experts tout proposals for Supreme Court term limits

Term limits for Supreme Court justices, once a fringe idea, have seemingly entered the political and academic mainstream. Recently, both the conservative Federalist Society and the liberal American Constitution Society have hosted events and published scholarship on the question. The Center for American Progress joined the conversation on Tuesday with a virtual discussion of recent term limit proposals, their constitutionality and what it would take to enact them. Kicking off the webinar, CAP ...
Tags: Featured, Supreme Court, Law, Congress, Senate, White House, Court, House, Rhode Island, Antonin Scalia, John Roberts, Scalia, Roth, Richard Nixon, William Rehnquist, Stephen Breyer

Tuesday round-up

This week marks the 10-year anniversary of Justice Elena Kagan’s confirmation to the Supreme Court, and USA Today’s Richard Wolf examines the heavy influence she has had during her first decade as a justice. Kagan’s ability to find common ground with conservative justices – and to pick her battles when she dissents – has helped the court maintain “most of its luster as the least political branch of the federal government,” Wolf writes. At the same time, the political branches continue to focus o...
Tags: Supreme Court, Law, Washington Post, Nbc News, Barack Obama, Joe Biden, Indiana, Cnn, Nevada, Circuit, Usa Today, Round-up, Wolf, John Roberts, Josh Blackman, Roberts

Court reinstates Idaho ballot initiative rules

The Supreme Court on Thursday put on hold rulings by a federal court in Idaho that had relaxed the state’s rules for ballot initiatives for the November 2020 election. The Supreme Court’s order, which drew a sharp dissent from Justice Sonia Sotomayor, was the latest in a series of disputes arising from the COVID-19 pandemic to reach the justices, who have now on several occasions signaled that federal courts should not alter rules relating to an election even to accommodate concerns arising from...
Tags: New York, Featured, Supreme Court, Law, Alabama, Idaho, Ruth Bader Ginsburg, Republican National Committee, Sonia Sotomayor, John Roberts, 9th Circuit, Roberts, Howe, U S Court of Appeals, Ninth Circuit, Sotomayor

Empirical SCOTUS: Justices’ separate opinions suggest high polarization outside the regular merits docket

Over the past five Supreme Court terms, the justices have issued 157 separate “opinions relating to orders.” These orders, which are issued without oral arguments and without full merits consideration, typically fall into three categories: denials of cert petitions, rulings on emergency requests for relief in pending cases, and summary reversals of lower court decisions. We do not necessarily know all of the justices’ votes on these orders – only the ones the justices choose to make public throu...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Chevron, Rogers, Stuart, Thomas, Sonia Sotomayor, John Roberts, Murphy, Roberts, Arthur, Dunn, Alito, COLLIER

Invisible majorities: Counting to nine votes in per curiam cases

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the co-author of “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know.” When the Supreme Court issues a signed opinion, each of the nine justices will indicate their position: affirm, reverse or recuse. But not all opinions are signed. The court sometimes issues unsigned per curiam decisions – so named after the Latin phrase meaning “by the court.” In such cases, the just...
Tags: Florida, Featured, Supreme Court, Law, Congress, Colorado, California, Washington, Sharp, Oklahoma, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, John Roberts, Josh Blackman, Creek Nation

John Roberts: Mr. First Amendment

Ronald Collins is the books editor for SCOTUSblog. He is the co-founder and co-chair of the First Amendment Salons and was formerly the Harold S. Shefelman scholar at the University of Washington School of Law. David Hudson, Jr. is an assistant professor of law at Belmont University. He is the author, co-author or co-editor of numerous books, and he has published widely on First Amendment issues. “I would never underestimate his ability to influence people.” – Joan Biskupic, discussing her book ...
Tags: Featured, Supreme Court, Law, Colorado, Massachusetts, Court, United States, Citizens United, Quinn, Price, Madison, Kennedy, Trump, Marshall, Thomas, Reed

Friday round-up

The first week of the court’s summer recess has been a busy one, and the flurry of major time-sensitive rulings continued on Thursday. Shortly before 3 a.m., the justices issued a series of orders allowing the federal government to carry out its second execution this week. About 12 hours later, the justices rejected a request by Florida voters to reinstate a lower-court ruling that would have made it easier for people with felony convictions to vote. Amy Howe, in a story for SCOTUSblog that was ...
Tags: Florida, Supreme Court, Law, Washington Post, Court, Npr, Economist, Round-up, Lazarus, Sonia Sotomayor, U S Supreme Court, John Roberts, Mark Joseph Stern, Roberts, Howe, Nina Totenberg

Justices decline to intervene in Florida voting dispute

The Supreme Court on Thursday rejected a request by Florida voters and civil rights groups to reinstate a ruling that would have cleared the way for thousands of Florida residents who have been convicted of a felony to vote in the state’s upcoming elections. Justice Sonia Sotomayor dissented from the ruling, writing an opinion that was joined by Justices Ruth Bader Ginsburg and Elena Kagan. At the heart of the dispute is a 2018 amendment to Florida’s constitution that permits people with prior f...
Tags: Florida, Featured, Supreme Court, Law, Court, General Election, Sonia Sotomayor, Paul Smith, Howe, U S Court of Appeals, Sotomayor, Elena Kagan, Purcell, 11th Circuit, Campaign Legal Center, Justices Ruth Bader Ginsburg

Justices allow second federal execution to proceed (updated)

Two days after a flurry of late-night filings culminated in an early-morning order by the Supreme Court that allowed the federal government to proceed with the first federal execution in 17 years, the justices cleared the way early Thursday morning for a second execution. In a series of unsigned orders, the court permitted the government to carry out the death sentence of Wesley Ira Purkey, who was convicted of the 1998 rape and stabbing death of 16-year-old Jennifer Long. The justices split 5-4...
Tags: Featured, Supreme Court, Law, Congress, California, Indiana, United States, Catholic, District Of Columbia, Nelson, Buddhist, Lee, HARRIS, D C Circuit, Howe, Ginsburg

Federal execution déjà vu: after SCOTUS votes 5-4 to vacate injunction, feds complete another morning lethal injection

As reported here earlier this week, the federal government completed the execution of Daniel Lewis Lee, which had been scheduled for Monday, around 8am on Tuesday morning after a divided  Supreme Court around 2am vacated lower court ruling that were blocking the execution.  It was déjà vu all over again today:  sometime not long after 2am this morning, the US Supreme Court issued this order vacating the injunction, with four Justices in dissent and Justices Breyer and Sotomayor writing up the ba...
Tags: Supreme Court, Law, Ap, United States, Ford, Iowa, Kansas, US supreme court, Sonia Sotomayor, Sotomayor, Breyer, Elena Kagan, Jennifer Long, Douglas A Berman, Honken, Ruth Bader Ginsburg Stephen Breyer

In overnight orders, justices allow federal execution to proceed

In the early hours this morning, after a flurry of last-minute filings, a divided Supreme Court cleared the way for federal executions to resume for the first time in nearly 20 years. According to news reports, the federal government then moved quickly to carry out an execution that had been scheduled for Monday afternoon, executing Daniel Lewis Lee at a federal prison in Indiana shortly after 8 a.m. EDT this morning. The battle over the federal government’s efforts to resume executions has been...
Tags: Featured, Supreme Court, Law, Court, Indiana, Department Of Justice, William, Nancy, Sonia Sotomayor, Lee, D C Circuit, Howe, Ginsburg, Peterson, U S Court of Appeals, Sotomayor

"The Supreme Court cleared the way for the Justice Department to carry out the first federal execution in more than 17 years..."

"[A] federal judge had delayed the execution hours earlier, saying on Monday that questions about the constitutionality of the lethal injection procedure the government planned to use had not been fully litigated.... The Supreme Court delivered an unsigned 5-to-4 ruling, with Justices Stephen Breyer and Sonia Sotomayor dissenting. They were joined by Justices Ruth Bader Ginsburg and Elena Kagan, the other members of the court’s four-member liberal wing.... [Daniel Lewis] Lee, 47, a former white ...
Tags: Murder, Supreme Court, Law, Court, Death Penalty, Justice Department, Trump, Sonia Sotomayor, Ginsburg, District Court, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Mr Lee

Final Stat Pack for October Term 2019

A Supreme Court term unlike any other has finally come to an end. In March, some observers thought the term would end early after the court shut its doors and postponed oral arguments — the first time since the 1919 Spanish Flu outbreak that the court closed due to a pandemic. Instead, the term lasted longer than usual, extending well into July for the first time in decades. And in May, the court heard remote arguments over the telephone with a public live audio feed for the first time ever. Tho...
Tags: Featured, Supreme Court, Law, Pennsylvania, United States, Williams, Johnson, Donald Trump, Morrissey, Kennedy, Trump, Thomas, Peter, Sonia Sotomayor, John Roberts, Vance

Symposium: A resounding rejection of Trump’s authoritarian approach to the presidency

Jamila Benkato and Ben Berwick are counsels, and Justin Florence is legal director, at Protect Democracy. They filed an amicus brief on behalf of former Republican members of Congress, former executive branch members under Republican administrations, and legal experts in support of the respondent in Trump v. Vance. There has been much focus in the immediate commentary on whether the decisions in Trump v. Vance and Trump v. Mazars are a “ ” or “loss” for President Donald Trump. Experts are alread...
Tags: New York, Featured, Supreme Court, Law, Congress, Court, United States, Department Of Justice, Republican, Donald Trump, Doj, Justice Department, Jones, Clinton, Trump, Thomas Jefferson

Friday round-up

The Supreme Court on Thursday issued its final opinions of the 2019-20 term, deciding blockbuster cases on President Donald Trump’s financial documents and the status of Native American land in Oklahoma. Amy Howe explains the pair of rulings on Trump’s financial records in an analysis for SCOTUSblog that first appeared at Howe on the Court. Adam Liptak of the New York Times writes that the decision in Trump v. Vance — involving a Manhattan grand jury’s access to Trumps’s records — is “a stunning...
Tags: New York, Texas, Supreme Court, Law, Congress, Washington Post, Cnn, Pennsylvania, United States, New York Times, Manhattan, Associated Press, Npr, Oklahoma, Usa Today, Donald Trump

Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma

The first thing we learned this morning with the announcement of the decision in McGirt v. Oklahoma was that Chief Justice John Roberts didn’t manage to be in the majority in every single 5-4 decision this term. Today, Justice Neil Gorsuch wrote for a majority of five (joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan), with Roberts writing for the four dissenters and Justice Clarence Thomas appending a brief solo dissent to assert that the court lacked juri...
Tags: Featured, Law, Congress, Alabama, Georgia, Sharp, States, Oklahoma, John Roberts, Creek Nation, Murphy, Roberts, Creek, Elena Kagan, Clarence Thomas, Patrick Murphy

show more filters
July - 2020
August - 2020
September - 2020