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Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


Court will take up dispute over secret materials from Mueller report

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices added another high-profile case to their docket for the fall, involving a dispute over efforts by members of Congress to obtain secret materials from the investigation by Special Counsel Robert Mueller. Mueller submitted a report last year to Attorney General William Barr on possible Russian interference in the 2016 election, and Barr released a redacted version of that report in April 2019...
Tags: Featured, Supreme Court, Law, Congress, Washington, D C Circuit, Howe, House Judiciary Committee, Mueller, Barr, Cases in the Pipeline, William Barr, Robert Mueller Mueller, Court The post Court


Relists Return

John Elwood reviews Monday’s relists. After a couple of weeks with no new relists, the Supreme Court is back this week with a vengeance. The court has scheduled an impromptu conference for Wednesday, July 1. In most years, an impromptu conference scheduled for the last week of June would be the mop-up conference for the entire term in which all outstanding business for the term is resolved. But the court still has enough outstanding opinions in argued cases that things may continue for a while y...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Colorado, Kentucky, Germany, Virginia, Hungary, United States, Williams, Tennessee, Sharp, Atkins


No new grants today

This morning the Supreme Court issued orders from the justices’ private conference last week. The court did not grant any new cases for oral argument in the fall, but with another conference now scheduled for Wednesday, more grants could come as soon as Thursday morning. The justices invited the federal government to file briefs in two cases: PennEast Pipeline Co. v. New Jersey, about whether the Natural Gas Act authorizes private companies to exercise the federal government’s eminent domain p...
Tags: Featured, Supreme Court, Law, Washington, New Jersey, Department Of Justice, Doj, Sonia Sotomayor, D C Circuit, Howe, House Judiciary Committee, FMC Corp, Robert Mueller, Shoshone Bannock Tribes, Tanya Chutkan, Cases in the Pipeline


Roger Stone's past sentencing and coming prison time making headlines

I am not sure which of these stories surprises me less: From ABC News, "Citing coronavirus fears, Roger Stone files motion to delay reporting to Georgia prison" A week before President Donald Trump's longtime friend and adviser Roger Stone was scheduled to turn himself in to federal prison in Georgia to begin his more than three-year sentence, his lawyers filed a motion seeking to delay his surrender, citing the deadly risk posed by the coronavirus outbreak. “This motion is based on the excepti...
Tags: Law, Congress, Washington, Georgia, Donald Trump, Justice Department, Trump, Roger Stone, House Judiciary Committee, Bureau of Prisons, Douglas A Berman, Amy Berman Jackson, AARON ZELINSKY


Monday round-up

As Amy Howe reports for this blog, on Friday “the Supreme Court declined to intervene in challenges by churches in southern California and the Chicago area to stay-at-home orders issued as a result of the COVID-19 crisis”: “[T]he justices were closely divided in the California case, [South Bay United Pentacostal Church v. Newsom], with Chief Justice John Roberts casting the deciding vote and writing a late-night opinion to explain his decision to deny relief.” At Education Week’s School Law Blog...
Tags: Supreme Court, Law, California, Washington Post, Chicago, New York Times, New Jersey, Department Of Justice, Vox, Kevin Johnson, Department Of Homeland Security, University Of California, Wall Street Journal, Economist, Round-up, John Roberts


Thursday round-up

Yesterday the Supreme Court granted the Justice Department’s request to block temporarily a lower court order requiring disclosure to the House Judiciary Committee of grand jury material from Robert Mueller’s investigation into Russian interference in the 2016 election. Amy Howe has this blog’s coverage, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that the lower court “agreed with a judge’s decision that the House, in its impeachment investigation, was...
Tags: Supreme Court, Law, Court, Pennsylvania, House, Wisconsin, Ohio, Npr, Wall Street Journal, Justice Department, Poor, Trump, Round-up, National Review, Lyle Denniston, John Roberts


Justices block release of secret Mueller grand jury materials

Today the Supreme Court blocked the disclosure to the House Judiciary Committee of grand jury materials from the investigation by Special Counsel Robert Mueller. The Department of Justice had asked the court 13 days ago to put the release of the materials on hold while it appeals a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that would require it to provide portions of the Mueller report that had been redacted, along with grand jury transcripts and materials that had...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Fbi, House, Department Of Justice, Doj, Trump, D C Circuit, Howe, House Judiciary Committee, Mueller, Robert Mueller


Federal Defenders write to members of Congress to detail BOP/DOJ failings in response to COVID-19

I just received a copy of this lengthy letter from the Federal Public & Community Defenders to Members of Congress. I recommend the 13-page letter in full, and here are some excerpts (with footnotes omitted): We are grateful for the continued interest in the views of the Federal Public and Community Defenders (“Federal Defenders”) by Congress during the COVID-19 crisis. Federal Defenders and other counsel appointed under the Criminal Justice Act represent 90 percent of all federal defendants. W...
Tags: Law, Congress, Cdc, New York City, Brooklyn, United States, Doj, Centers For Disease Control And Prevention, Congressional, House Judiciary Committee, MDC, OSHA, U S Occupational Safety and Health Administration, Douglas A Berman, Federal Defenders, Jerry Nadler


Friday round-up

Yesterday the court released two unanimous opinions. In Kelly v. United States, the justices reversed federal fraud convictions stemming from the “Bridgegate” controversy in New Jersey because the scheme did not aim to obtain money or property. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Subscript Law also has a decision analysis. Adam Liptak and Nick Corasaniti report for The New York Times that “Justice [Elena] Kagan wrote that the defendant...
Tags: New York, Justice, Supreme Court, Law, Washington, Court, Cnn, Pennsylvania, United States, House, New York Times, New Jersey, Fox News, Npr, Donald Trump, Justice Department


DOJ asks court to temporarily block release of secret Mueller grand jury materials (Updated)

UPDATE: On Friday Chief Justice John Roberts temporarily blocked the release of the grand jury materials and ordered the House Judiciary Committee to respond by Monday, May 18, at 3 p.m. EDT. The committee had not opposed the temporary hold, known as an administrative stay, to give the court time to review the government’s request. The Department of Justice came to the Supreme Court today, asking the justices to put on hold the disclosure of grand jury materials from the investigation by Special...
Tags: Featured, Supreme Court, Law, Department Of Justice, Doj, John Roberts, D C Circuit, Howe, House Judiciary Committee, Mueller, The Department of Justice, Robert Mueller, Noel Francisco, Emergency appeals and applications, District of Columbia Roberts


DOJ asks court to temporarily block release of secret Mueller grand jury materials

The Department of Justice came to the Supreme Court today, asking the justices to put on hold the disclosure of grand jury materials from the investigation by Special Counsel Robert Mueller, who in March 2019 submitted a report on possible Russian interference in the 2016 election. The U.S. Court of Appeals for the District of Columbia Circuit upheld an order by a federal trial court that would require the disclosure to the House Judiciary Committee of portions of the Mueller report that had bee...
Tags: Featured, Supreme Court, Law, Department Of Justice, Doj, John Roberts, D C Circuit, Howe, House Judiciary Committee, Mueller, The Department of Justice, Robert Mueller, Noel Francisco, Emergency appeals and applications, District of Columbia Roberts


House Judiciary Chair Nadler and Subcommittee Chair Bass send letter to Attorney General Barr urging him to protect the most vulnerable federal prisoners and staff from COVID

As detailed in this press release, "House Judiciary Committee Chairman Jerrold Nadler (D-NY) and Subcommittee on Crime Chairwoman Karen Bass (D-CA) sent a letter to U.S. Attorney General William Barr urging him to use the authority granted under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to protect the most vulnerable prisoners and those working in federal prisons from coronavirus (or COVID-19)." The full letter, which runs seven pages, is available at this link and merit...
Tags: Law, Congress, House, Trump, House Judiciary Committee, Oakdale, Barr, Jerrold Nadler, Department of Justice DOJ, Bop, Douglas A Berman, CDC Centers for Disease Control and Prevention, Nadler, Bureau of Prisons BOP, William Barr, Karen Bass


Symposium: No. The founders did not want Congress doing criminal investigations – even of Trump

Burlette Carter is a professor emerita of law at the George Washington University Law School and author of “Can a Sitting President Be Federally Prosecuted: The Founders Answer.” She filed an amicus brief in support of reversal in Trump v. Mazars. On March 31, the Supreme Court will hear oral argument in Trump v. Mazars and Trump v. Deutsche Bank. These consolidated cases involve subpoenas issued by three House of Representatives committees: the Committee on Oversight and Reform, the Permanent S...
Tags: Featured, Supreme Court, Law, Congress, House, House Of Representatives, Deutsche Bank, Nancy Pelosi, Parliament, Department Of Justice, John Adams, Donald Trump, Trump, Cohen, Michael Cohen, Congressional


US House Judiciary Committee to hold hearing March 5 to explore "Presidential Clemency and Opportunities for Reform"

I am quite pleased to see that the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the Committee of the Judiciary of the US House of Representatives has this hearing scheduled for 9am on the morning of March 5, 2020 to address ""Presidential Clemency and Opportunities for Reform."  I am even more pleased to see, from this witness list, who will be the scheduled witnesses: Ms. Rachel Barkow, Vice Dean and Segal Family Professor of Regulatory Law and Policy and Faculty Direc...
Tags: Law, US, House Of Representatives, Robert, House Judiciary Committee, Segal, Douglas A Berman, Mark Osler, Cynthia Roseberry, University of St Thomas School of Law, Presidential Clemency and Opportunities for Reform, Rachel Barkow Vice Dean


"The dissent suggests that Congress cannot fend for itself... [but] Congress can tailor its sanctions to the gravity of the Executive Branch’s offense."

"A congressional inquiry may begin and end with a polite request for information. Or a chamber of Congress may escalate by, say, issuing a formal subpoena, threatening to withhold appropriations, or passing articles of impeachment. By the same token, the Executive Branch’s interest in reaching a mutually agreeable compromise should grow as Congress turns up the heat.... This political process also offers an array of possible resolutions in interbranch disputes—a diverse set of compromises and ac...
Tags: Law, Congress, White House, House, Standing, Executive Branch, Committee, Trump, House Judiciary Committee, Executive Power, Legislative Branch, Ann Althouse, Don McGahn, Impeachment, Trump and the judiciary, McGahn


Morning Docket: 12.24.19

* Corey Lewandowski is suing his lawyer for malpractice. Maybe he should ask his former boss for a list of lawyers he can use. [Boston Globe] * Attorneys for the House Judiciary Committee have hinted that more articles of impeachment may be filed against President Trump. [NBC News] * Am attorney who abandoned his client after receiving $8,000 in settlement funds has been disbarred. [Bloomberg Law] * Actor Edward Norton is set to be deposed in a case involving a deadly Harlem fire. He shoul...
Tags: New York Post, Minnesota, Law, Nbc News, Edward Norton, Revenge Porn, Harlem, Trump, Boston Globe, Pioneer Press, Corey Lewandowski, House Judiciary Committee, Morning Docket, Bloomberg Law


House Judiciary Comm. Impeachment Hearings Start Tomorrow

Donald Trump faces two deadlines this week. On Monday, the House Judiciary Committee will begin holding impeachment hearings on what charges to include in the Articles of Impeachment. The Ukraine report is expected to make up the core of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: Law, Ukraine, Donald Trump, House Judiciary Committee


Quick Action to Fix Appointments Problem?

My newest email from US Inventor begins with the headline: “Our Enemies are Trying to Pull a Fast One.”  No, we’re not talking about Russia or North Korea, we’re talking about the USPTO, PTAB Judges, Bob Armitage, etc. . They write: The IP Subcommittee of the House Judiciary Committee is meeting [Tuesday] afternoon to look at this. One of the witnesses they will listen to was actually a key person behind the passage of the America Invents Act, the bill that Congress was so mislead on and that c...
Tags: Law, Congress, North Korea, Russia, US, America, United States, AIA, Patent, House Judiciary Committee, Josh Malone, Bob Armitage, Federal Circuit Arthrex, Randy Landreneau Lan, Randy Landreneau


Policing policy, forensic follies, the high cost of treating Hep C in prison, and other stories

Here are a few odds and ends that merit Grits readers' attention: Lawsuit seeking Hep C treatment could come with BIG pricetag More than 18,000 Texas prison inmates have been diagnosed with Hepatitis C - almost certainly an undercount since TDCJ does not do comprehensive testing - but only a tiny handful receive treatment. The Houston Chronicle reported on a new federal lawsuit demanding they receive treatment, which could cost up to $63,000 per person. See prior Grits coverage and video of test...
Tags: Texas, Law, Congress, Oregon, Scotland, Police, US, Austin, Dallas, Oklahoma, St Louis, FSC, EMS, Dallas Morning News, Houston Chronicle, HARRIS


Nadler: Formal Impeachment Proceedings Have Begun

Rep. Jerome Nadler says formal impeachment proceedings have begun. The House Judiciary Committee has initiated the inquiry, and will make a decision as to whether to forward the matter to the full house. He was on CNN yesterday explaining that they... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: Law, Cnn, House Judiciary Committee, Nadler, Jerome Nadler


Word of the week: Existential

To be or not to be a stool pigeon? That is the “existential” question facing Hope Hicks, a former communications director at the Trump White House, according to the lede of a May 24 New York Times story: One of the best-known but least visible former members of President Trump’s White House staff is facing an existential question: whether to comply with a congressional subpoena in the coming weeks. Print edition: Hicks at night, flanked by reporters and overshadowed by the White House...
Tags: Law, Washington Post, White House, Current Affairs, New York Times, Linguistics, Npr, Times, Trump, Hope Hicks, Esquire, House Judiciary Committee, Friedrich Nietzsche, Trump White House, David Folkenflik, Maggie Haberman


Morning Docket: 05.08.19

* Feeling cute, might not allow Mueller to testify, idk: According to White House press secretary Sarah Huckabee Sanders, President Donald Trump’s “feeling on the matter” is that special counsel Robert Mueller shouldn’t be permitted to testify before the House. [Huffington Post] * As it turns out, according to recently revealed tax transcripts for the years 1985 to 1994, Trump was in some deep financial doo-doo. His lawyer, Charles J. Harder of Gawker takedown fame, says the tax documentation i...
Tags: Law, White House, House, New York Times, Donald Trump, Huffington Post, Law Schools, Courthouse News Service, Tax Law, Trump, House Judiciary Committee, Mueller, National Law Journal, Robert Mueller, Shreveport Louisiana, Southern University


Morning Docket: 05.02.19

* After what could only be described as a rough day, Attorney General Bill Barr has opted to skip the House Judiciary Committee hearing he's supposed to attend and force us to remember that Congressional subpoenas are basically worthless. [National Law Journal] * Speaking of Barr, yesterday spawned a bunch of somber takes like this article with lines like "A few months ago, William Barr was a well-respected former top federal law enforcement official." No he wasn't. He was the cover-up artist w...
Tags: Google, Law, Walmart, United States, Julian Assange, Donald Trump, Abc News, Bush, Congressional, House Judiciary Committee, Barr, National Law Journal, Hellerstein, In-House Counsel, Morning Docket, William Barr


Morning Docket: 04.29.19

* “President Trump views the Roberts Court as his potential, perhaps literal, ‘get out of jail free’ card.” While Trump thinks he’s got allies on the high court, Chief Justice Roberts has attempted to put the president in his place numerous times — to no apparent avail. [Washington Post] * AG Bill Barr says he may not show up at this week’s Mueller report hearing before the House Judiciary Committee unless Chairman Jerry Nadler changes the proposed questioning format. Au contraire, says Nadler:...
Tags: Crime, Supreme Court, Law, Washington Post, Donald Trump, Sexual Harassment, Sally Yates, Biglaw, Trump, John Roberts, Roberts, Roberts Court, House Judiciary Committee, Mueller, Baker & McKenzie, Obstruction of Justice


More concerns expressed about Hudson Institute's place in developing key piece of FIRST STEP Act reforms

In this post a few weeks ago, I flagged this Mother Jones article discussing criticisms of the Justice Department's pick of the Hudson Institute to host the Independent Review Committee required by the FIRST STEP Act to help DOJ develop and implement the Act's risk and needs assessment tools and recidivism reduction programs.  This new Salon article, headlined "Is the Trump Justice Department trying to sabotage the First Step Act?," follows up with a focus on a this joint statement released last...
Tags: Law, Congress, Washington, Israel, US, Middle East, Homeland Security, Doj, George W Bush, Bass, Justice Department, Hudson, Committee, IRC, Trump, Mother Jones


House Subpoenas Full Mueller Report Instead Of Doing Something Useful

The Dems are delaying because they don't actually want to deal with Impeachment.
Tags: Law, Government, Donald Trump, House Judiciary Committee


Morning Docket: 04.03.19

* President Trump doesn’t seem to be as enthusiastic about special counsel Robert Mueller’s full report being released to Congress and the public anymore, which is strange since it was a “complete and total exoneration.” [POLITICO] * Meanwhile, Democrats on the House Judiciary Committee seem to be divided over how quickly they want to subpoena the full Mueller report from Attorney General William Barr. Either way, a vote will take place sometime today. [Washington Post] * Law firm merger act...
Tags: New York, Texas, Law, Sexual Assault, Congress, Washington Post, Donald Trump, Trump, Reuters, Wynn Resorts, House Judiciary Committee, Mueller, Massachusetts Gaming Commission, Robert Mueller, In-House Counsel, Law Firm Mergers


"Attorney General William P. Barr delivered to Congress on Sunday afternoon the main findings of the inquiry by Robert S. Mueller III, a House Democrat said..."

"Lawmakers received the four-page letter, Representative Jerrold Nadler of New York, the chairman of the House Judiciary Committee, said on Twitter."The NYT reports.UPDATE: The headline (at the same link) is now updated to: "Mueller Finds No Trump-Russia Conspiracy but Stops Shorts of Exonerating President on Obstruction of Justice" (NYT). From the article:The investigation led by Robert S. Mueller III found that neither President Trump nor any of his aides conspired or coordinated with the Russ...
Tags: New York, Law, Congress, House, Trump, House Judiciary Committee, Mueller, Barr, Jerrold Nadler, Ann Althouse, Rod Rosenstein, Trump Russia, William P Barr, Robert S Mueller III, Robert S Mueller, William P Barr The


Connecticut high court, PLCAA or no PLCAA, allows Remington suit

Over a dissent from three of its seven justices, the Connecticut Supreme Court has green-lighted a suit over purportedly negligent marketing of the Bushmaster rifle used in the Sandy Hook massacre, even though the firearm in question was never marketed or sold to the killer, who stole it from his mother who had purchased it lawfully long before. To do so, it had to get around a specific federal law (the Protection of Lawful Commerce in Arms Act, or PLCAA) intended to stop exactly this kind of su...
Tags: Law, Congress, Uncategorized, Connecticut, Protection of Lawful Commerce, Ninth Circuit, House Judiciary Committee, Soto, Remington, Kevin Williamson, Stephen Reinhardt, Connecticut Supreme Court, Bushmaster, Protection of Lawful Commerce in Arms Act, PLCAA, Chris Woodyard USA Today



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