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The biggest leak in Supreme Court history

In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had a serious leak on its hands. Judge John Owens of the U.S. Court of Appeals for the 9th Circuit joins SCOTUStalk to tell the tale of Ashton Embry, the Supreme Court clerk who was at the center of the scandal. He also shares stories from his time clerking for Justice Ruth Bader Ginsburg, opens up about how the 9th Circuit is coping in the COVID era, and reveals his thoughts on cameras i...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, U S Court of Appeals, John Owens, SCOTUStalk, Ashton Embry the Supreme Court


Court names military attorney as second-ever female marshal

Col. Gail Curley, an attorney in the U.S. Army who has advised military leaders on national security law, will be the Supreme Court’s new marshal, the court announced on Monday. Curley succeeds Pamela Talkin, the first woman to serve as marshal, who retired last year after 19 years on the job. Curley, who will begin her new position on June 21, comes to the court 30 years after graduating from West Point with a bachelor’s degree in political science. She received her law degree from the Univers...
Tags: Featured, Supreme Court, Law, West Point, Germany, Afghanistan, Army, U S Army, Howe, University of Illinois College of Law, Curley, What's Happening Now, Pamela Talkin, Gail Curley, National Security Law Division, Supreme Court Police Force


In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy case quietly frames profound issues of justice. But, doubtful readers, rest assured that Terry v. United States – which the Supreme Court will hear on Tuesday in the final argument of its 2020-21 term – packs so many swirling issues of great importance into an absurdly little case, it can hardly be believed. The national debate on historical racism in our criminal punishment sys...
Tags: Florida, Featured, Supreme Court, Law, Congress, White House, Barack Obama, United States, Aclu, Kardashian, Biden, Donald Trump, Terry, Justice Department, Jared, Trump


Faces Without Joy: The Fate of Children — Darien Gap, the March to America

Darien Gap, Panama I write these words beside the Pan Am highway. The highway system stretches from Tierra del Fuego to Alaska. In other words, with my American passport, I can walk to this highway, take a right, to Alaska. But if I take a left, I will quickly reach the end of the road. The end of the road starts the Darien Gap. 60 miles of wild jungle. Mountains. Floods. Mud like peanut butter. Only the best boots can get you through that without sucking right off your feet. Easier is to...
Tags: Florida, Featured, Mexico, America, Colombia, Military, Alaska, Bangladesh, Google Earth, Red Cross, Panama, Haiti, Ghana, Himalaya, Port Au Prince, Tierra del Fuego


Justices turn down cadet’s attempt to sue government over sexual assault

The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices announced on Monday morning that they will not hear oral argument in Doe v. United States, one of the cases that they considered at their private conference last week. The justices also called for the federal government’s views in two cases, but they once again did not act on a closely watched challenge to a Mississippi law that would gener...
Tags: Featured, Mississippi, Supreme Court, Law, West Point, Congress, United States, DOE, Thomas, Dobbs, Howe, Jane Doe, American Axle, Goldstein Russell, United States Military Academy, FTCA


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


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


Panama: Embera Indian Lady with Baby Quapi

After long drive back to Darien, got to sleep at 0100. Up at 0530 and back into the jungle. Before getting into the jungle proper, we came through this Embera Indian village. An Embera woman seemed to have a monkey. As we got closer, we saw that it was a baby. We said good morning and chatted. I asked where is its mother. Embera lady said she found the baby alone and “I am its mother now,” she said through interpreter. We continued on. And a few minutes later found a logging truck...
Tags: Featured, Military, Panama, Darien, Michael's Dispatches, Michael Yon, Baby Quapi


Panama: Jaguar Hunting — while others Hunt Migrants— literally

Darien Jungle, Panama Unedited Mind-dump This morning, after Embera Indian with Quapi Baby, and logging truck accident, we came across a peccary baby in the jungle road. Peccary baby ran off into jungle. I asked if peccary are dangerous here. Embera guide told me that in some places, like South America, peccary eat people and people eat peccary, but here it’s mostly people eat peccary. About 10 days ago, in another Embera village, I saw a man with a baby peccary following him around...
Tags: Florida, Featured, Mexico, US, America, Colombia, Military, Jaguar, South America, Laos, Panama, Darien, Michael's Dispatches, Michael Yon, Darien Gap, Baby Quapi


Panama: Logging on Bad Tires

Darien Province, Panama A few minutes after saying goodbye to Embera lady with Quapi baby, we came to this. We checked the truck for driver. Abandoned. The truck is outfitted with mixed tires in bad state. As I write this at 1700, the rain has just stopped and the birds are very loud. Especially so the parrots flying overhead in pairs. Just now, three Senafront trucks (Border Patrol — trained in part by US Special Forces), just passed me. Two filled with migrants and the third ...
Tags: Featured, US, Military, Border Patrol, Panama, Michael's Dispatches, Michael Yon, Darien Province Panama, Quapi


Controlled substances, political ads and employee transfers

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether doctors may argue “good faith” as a defense for violating the Controlled Substances Act in prescribing pain medication, whether the Philadelphia transit system can prohibit political advertisements on its buses, and whether an employee who is transferred to a new job with the same pay and benefits as before can bring a claim of employment discrimination. In Ruan v. United States, Dr. Xiulu ...
Tags: Featured, Minnesota, Supreme Court, Law, City, United States, Philadelphia, Savage, Kessler, Lehman, U S Court of Appeals, Federal Circuit, U S Court of Appeals for the Federal Circuit, 11th Circuit, Cole, 4th 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


Do we need artificial inventors?

Artificial intelligence (AI) has started to unleash a new industrial revolution. It represents a significant technology advantage which already impacts today’s products and services and will drive tomorrow’s industries. Its key importance to the technological progress of future societies is beyond doubt and is reflected by a boom in patent applications on AI technology since 2013 in various industry sectors.From a legal perspective, the patent system is the core mechanism to foster innovation. T...
Tags: Books, UK, Technology, Featured, Law, Artificial Intelligence, Patents, Journals, Ai, Intellectual Property, European Parliament, Patent Law, United States Patent and Trademark Office USPTO, IPR, Inventors, AI Technology


Do we need artificial investors?

Artificial intelligence (AI) has started to unleash a new industrial revolution. It represents a significant technology advantage which already impacts today’s products and services and will drive tomorrow’s industries. Its key importance to the technological progress of future societies is beyond doubt and is reflected by a boom in patent applications on AI technology since 2013 in various industry sectors.From a legal perspective, the patent system is the core mechanism to foster innovation. T...
Tags: Books, UK, Technology, Featured, Law, Artificial Intelligence, Patents, Journals, Ai, Intellectual Property, European Parliament, Patent Law, United States Patent and Trademark Office USPTO, IPR, Inventors, AI Technology


One new case, two issues of appellate procedure

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. A lot of movement on the relist front this week. The court granted review in relisted cases involving the first two amendments to the U.S. Constitution, summarily overturned a court of appeals decision in a relisted habeas case for the second time in a month, and denied leave to file an “original jurisdiction” lawsuit between two st...
Tags: Health, Featured, Maryland, Supreme Court, Law, United States, Johnson, DOE, Ericsson, Tcl, Ortiz, Scott, HARRIS, Allen, Dobbs, Fifth Third Bancorp


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


Announcement of opinions for Thursday, April 29 (complete)

We live blogged on Thursday as the court released its opinion in Niz-Chavez v. Garland. This live blog was sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology. Click here for a list of FAQs about opinion announcements.  The post Announcement of opinions for Thursday, April 29 (complete) appeared first on SCOTUSblog.
Tags: Featured, Law, Live, Casetext, Garland, Niz Chavez


Announcement of opinions for Thursday, April 29

We will be live blogging on Thursday, April 29, as the court releases opinions from the 2020-21 term. This live blog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology. Click here for a list of FAQs about opinion announcements.  The post Announcement of opinions for Thursday, April 29 appeared first on SCOTUSblog.
Tags: Featured, Law, Live, Casetext


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


“Home stretch” at SCOTUS with Constitutional Accountability Center

On Thursday, April 29, at 12 p.m. EDT, the Constitutional Accountability Center will host a discussion on the events and decisions that have shaped the current Supreme Court term, and what to expect as we head toward its close. The panel will feature CAC’s Brianne Gorod, Dale Ho of the American Civil Liberties Union, and professors Melissa Murray of NYU Law and Jeffrey Fisher of Stanford Law, and will be moderated by Kimberly Atkins of the Boston Globe and MSNBC. Click here for more information...
Tags: Featured, Supreme Court, Law, Msnbc, Nyu, Boston Globe, American Civil Liberties Union, Constitutional Accountability Center, Stanford Law, Melissa Murray, Jeffrey Fisher, Kimberly Atkins, Event Announcements, Brianne Gorod Dale Ho


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


Court wrestles with Superfund contribution puzzle

Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump. The Navy created the dump during the 1940s...
Tags: Featured, Law, Navy, Massachusetts, United States, Wyoming, Epa, CWA, Environmental Protection Agency, Sonia Sotomayor, U S Navy, Sotomayor, Stephen Breyer, Clarence Thomas, Guam, Samuel Alito


Whitehouse alleges “demonstrably false” fact-finding by conservative justices

Sen. Sheldon Whitehouse continued his effort this week to highlight what he views as problematic behavior by the Supreme Court. As chair of the Senate Judiciary Committee’s subcommittee on federal courts, the Democratic senator from Rhode Island alleged in a hearing on Tuesday that Republican-appointed justices on the court violated the general principle against appellate fact-finding in two of the most high-profile and hotly debated rulings issued by the Roberts court: Citizens United v. Feder...
Tags: Featured, Supreme Court, Law, Congress, Senate, Hawaii, Citizens United, Connecticut, Department Of Justice, Smith, Rhode Island, Kennedy, Vra, University Of North Carolina, Senate Judiciary Committee, John Roberts


Student’s Snapchat sets up major ruling on school speech

In 1969, the Supreme Court ruled in Tinker v. Des Moines Independent Community School District that public school officials can regulate speech that would substantially disrupt the school’s work. On Wednesday, the justices will consider whether Tinker also applies to speech by students that occurs off campus. In the internet era, in which cellphones and social media are omnipresent and many schools and parents worry about cyberbullying, the court’s ruling in Mahanoy Area School District v. B.L....
Tags: Featured, Supreme Court, Law, Snapchat, Pandora, Pennsylvania, Levy, Biden, District Of Columbia, Howe, U S Court of Appeals, ADF, Alliance Defending Freedom, 3rd Circuit, Merits Cases, Des Moines Independent Community School District


Eminent domain, sovereign immunity and a controversial pipeline through New Jersey

On Wednesday, the justices will hear argument in PennEast Pipeline Co. v. New Jersey. The case presents the question of what impact, if any, does the Natural Gas Act have on the sovereign immunity provided to the states through the 11th Amendment. This clash between the NGA and the Constitution arose because, under the NGA, companies with permits to build new pipelines can use the power of eminent domain to seize property along the pipeline route. The case has broad ramifications for the indust...
Tags: Texas, Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, State, D C Circuit, FERC, U S Court of Appeals, Federal Energy Regulatory Commission, NGA, PennEast, 3rd Circuit


Justices add new cases on state secrets, free speech

The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The justices also turned down (at least for now) efforts by a group of states, led by Texas, to revive litigation over the “public charge” rule after the Biden administration refused to defe...
Tags: Texas, Featured, Guantanamo Bay, Maryland, Supreme Court, Law, California, Washington, Oregon, United States, Pakistan, Alaska, Poland, Philadelphia, Cia, Volkswagen


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


Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry

Non-U.S. citizens who are deported and later return to the United States can be prosecuted for criminal re-entry. In order for federal prosecutors to sustain a charge for criminal re-entry under 8 U.S.C. § 1326, they must prove the existence of a prior removal order adjudicated by a federal immigration agency. But if the earlier removal order is invalid on legal grounds, then how can the noncitizen use that fact to defend against the criminal re-entry prosecution? On Tuesday, the justices will ...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, United States, Circuit, Trump, 9th Circuit, U S Court of Appeals, Jeff Sessions, Ashcroft, Ochoa, Board of Immigration Appeals, Merits Cases


A clash over renewable fuels hinges on the meaning of a single word

On Tuesday, the Supreme Court will hear oral argument in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association. The case presents an issue of statutory interpretation involving the Renewable Fuel Standard  program — a part of the Clean Air Act that calls for incorporating renewable fuels into transportation fuels. With the meaning of the word “extension” at the core of the dispute, the case promises to yield insights into the justices’ interpretive stances. As clean-energy initiat...
Tags: Featured, Supreme Court, Law, Congress, Epa, Department Of Energy, Chevron, Renewable Fuel Standard, U S Court of Appeals, Renewable Fuels Association, 10th Circuit, Merits Cases, Skidmore, Natural Resources Defense Council Inc, Swift Co, Chevron USA Inc


Court to take up major gun-rights case

Over a decade after it ruled that the Second Amendment protects the right to have a handgun in the home for self-defense, the Supreme Court agreed on Monday to decide whether the Constitution also protects the right to carry a gun outside the home. The justices’ announcement that they will take up a challenge to a New York law that requires anyone who wants to carry a gun in the state to show a good reason for doing so sets the stage for a major ruling on gun rights in the court’s 2021-22 term....
Tags: New York, Featured, Supreme Court, Law, New York City, District Of Columbia, Ruth Bader Ginsburg, Thomas, John Roberts, McDonald, Howe, U S Court of Appeals, City of Chicago, 7th Circuit, Clarence Thomas, Samuel Alito



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