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Tuesday round-up

Yesterday the Supreme Court issued three opinions. In Herrera v. Wyoming, the court held 5-4 that the Crow Tribe did not lose its rights under an 1868 treaty to hunt on unoccupied federal lands when Wyoming became a state, and that establishment of a national forest did not make land within the forest categorically “occupied.” Gregory Ablavsky has this blog’s opinion analysis. Domenico Montanaro and Nina Totenberg report for NPR that “Justice Neil Gorsuch, the only Westerner on the court, provid...
Tags: Supreme Court, Law, Court, Merck, Bloomberg, United States, Wyoming, Hawaii, Food And Drug Administration, Fda, Npr, Donald Trump, Samuel Beckett, Kennedy, Round-up, Greenwire


Tuesday round-up

Yesterday the Supreme Court issued decisions in three cases. In Apple v. Pepper, a divided court held that a lawsuit against Apple by iPhone users who allege that Apple is violating federal antitrust laws by requiring them to buy apps only from the company’s App Store can go forward. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. Subscript Law has a graphic explainer for the opinion. At The Daily Caller, Kevin Daley reports that “Justice Brett Kavanaugh del...
Tags: Apple, Supreme Court, Law, Oregon, America, Pepper, United States, New York Times, Fca, Ohio, Silicon Valley, Npr, Nevada, App Store, Los Angeles Times, Hall


Justices spar over death penalty (Corrected)

Tensions over the death penalty resurfaced today at the Supreme Court. The justices declined to take up two petitions for review filed by death-row inmates in Alabama and Tennessee, in orders accompanied by opinions that were sometimes biting. The justices also took the unusual step of issuing new opinions relating to their decision in March to put the execution of a Texas inmate on hold. In the early morning hours on April 12, the Supreme Court cleared the way for Alabama to execute Christoph...
Tags: Texas, Featured, Supreme Court, Law, Court, Alabama, Tennessee, Johnson, Corrections, Thomas, Sonia Sotomayor, Buddhist, John Roberts, Murphy, Rahman, Howe


SCOTUS spotlight: John Elwood on petitions for certiorari

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly covers the latest Supreme Court news before speaking with John Elwood about the essentials concerning petitions for certiorari. Elwood is a partner at Vinson & Elkins and the author of “Relist Watch.” (In the episode, Elwood suggested there were eight previously rescheduled cases. He later clarified with us that there were five: Illinois Central Railroad Company v. Tennessee Department of Revenue, Hunter v. United States...
Tags: Featured, Supreme Court, Law, Court, United States, United, Howe, Amy Howe, Elwood, John Elwood, Vinson Elkins, SCOTUStalk, Illinois Central Railroad Company, Tennessee Department of Revenue Hunter, United States JTEKT Corp, GKN Automotive Williams


No new grants today

This morning the Supreme Court issued orders from the justices’ private conference last week. The justices did not add any new cases to their merits docket for next term, nor did they act on petitions for review asking them to weigh in on an Indiana abortion law or an Oregon couple’s refusal to make a custom cake for a same-sex wedding. The justices denied review in Dahne v. Richey, in which they had been asked to decide whether prisoners have a First Amendment right to include threatening, abus...
Tags: Featured, Supreme Court, Law, Washington, Oregon, Court, Indiana, United States, New Jersey, Ohio, Circuit, John Roberts, Roberts, Myers, Howe, Alito


Opinion analysis: Divided court allows antitrust lawsuit against Apple to continue

This morning a divided Supreme Court handed a major victory to the plaintiffs in a massive antitrust lawsuit against technology giant Apple. By a vote of 5-4, the justices allowed the lawsuit, brought by a group of iPhone users who allege that Apple is violating federal laws by requiring them to buy apps exclusively from Apple’s App Store, to go forward. In an opinion by its newest justice, Brett Kavanaugh, the court rejected Apple’s argument that the lawsuit should be shut down because the comp...
Tags: Apple, Featured, Supreme Court, Law, California, Illinois, Apple Inc, John Roberts, The Supreme Court, Howe, U S Court of Appeals, Elena Kagan, Clarence Thomas, Kavanaugh, Gorsuch, Merits Cases


Monday round-up

Amy Howe reports for this blog, in a post first published at Howe on the Court, that on Friday, “Republican legislators from Ohio and Michigan … asked the Supreme Court to put lower-court rulings that found partisan gerrymandering in those states on hold while they appeal”; the legislators argue that the Supreme Court may decide this term in partisan-gerrymandering cases from North Carolina and Maryland “that partisan gerrymandering claims do not belong in court at all.” At Modern Democracy, Mic...
Tags: Maryland, Supreme Court, Law, Court, Cnn, New York Times, Ohio, Michigan, Npr, Louisiana, North Carolina, Donald Trump, The Washington Post, Paul Clement, Round-up, TVA


“Because of sex”: Tom Goldstein and Kevin Russell join Amy Howe to discuss new cases involving whether federal employment discrimination laws protect LGBT employees

In this week’s episode of SCOTUStalk, Tom Goldstein and Kevin Russell join Amy Howe of Howe on the Court to discuss the Supreme Court’s announcement that it will weigh in next term on whether federal employment discrimination laws protect LGBT employees in Bostock v. Clayton County, Georgia, Altitude Express Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. The post “Because of sex”: Tom Goldstein and Kevin Russell join Amy Howe to discuss new...
Tags: Featured, Supreme Court, Law, Lgbt, Court, Equal Employment Opportunity Commission, Howe, Amy Howe, Tom Goldstein, Kevin Russell, Bostock, Zarda, R G G R Harris Funeral Homes Inc, SCOTUStalk, Clayton County Georgia Altitude Express Inc


Tuesday round-up

Yesterday a unanimous court ruled in Thacker v. Tennessee Valley Authority that the TVA can generally be sued for personal-injury claims, and sent the case back for the lower court to determine whether this particular claim can proceed. Gregory Sisk analyzes the opinion for this blog. Y. Peter Kang and Jimmy Hoover report for Law360 (subscription required) that the ruling “reviv[es] a sports fisherman’s negligence suit against the quasi-government utility.” At Bloomberg Law, Jordan Rubin reports...
Tags: Google, New York, Supreme Court, Law, Bloomberg, New York Times, Joe Arpaio, Oracle, Trump, Round-up, TVA, U S Supreme Court, Howe, Adam Liptak, Department of Commerce, Mark Walsh


Judicial enumeration: Amy Howe and Kimberly Robinson count five justices for the citizenship question in Department of Commerce v. New York

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Kimberly Robinson of last week’s oral argument in Department of Commerce v. New York, a high-profile challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census. The post Judicial enumeration: Amy Howe and Kimberly Robinson count five justices for the citizenship question in Department of Commerce v. New Yo...
Tags: New York, Featured, Law, Court, Trump, Howe, Department of Commerce, Amy Howe, Kimberly Robinson, SCOTUStalk


No new grants today

The justices issued orders today from last week’s private conference. They did not add any new cases to their merits docket for next term. The justices asked the U.S. solicitor general to weigh in on a dispute between computer technology giants Google and Oracle that one publication has called the “copyright lawsuit of the decade.” Google had asked the Supreme Court to review two questions: Whether copyright protection extends to software interfaces and whether Google’s use of a software interfa...
Tags: Google, Featured, Supreme Court, Law, Oregon, Indiana, Oracle, Howe, Klein, Oregon Bureau of Labor and Industries, Goldstein Russell, Oracle America Inc, Cases in the Pipeline, What's Happening Now, Google LLC


Thursday round-up

Yesterday the court ruled 5-4 in Lamps Plus Inc. v. Varela that the Federal Arbitration Act bars interpretation of an arbitration agreement under state law that would allow class arbitration based on general language commonly used in arbitration agreements. Greg Stohr reports at Bloomberg that the “ruling said courts shouldn’t allow class arbitration unless an agreement clearly authorizes that type of proceeding.” For , Jess Bravin reports that “[t]he case is the latest in a string of decisions...
Tags: New York, Justice, Supreme Court, Law, Bloomberg, United States, New York Times, Usa Today, Hopkins, Round-up, Reuters, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr


Justices allow Texas execution to go forward

Today the Supreme Court refused to block the execution of John William King, who was scheduled to die by lethal injection tonight for the 1998 murder of James Byrd Jr. Byrd, who was African-American, was the victim of a gruesome crime that spurred tougher hate-crime laws. Byrd’s death drew nationwide headlines after he was chained to the back of a pickup truck and dragged down a road in Jasper, Texas. As the U.S. Court of Appeals for the 5th Circuit explained, Byrd’s “torso, legs, and left arm w...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, King, The Supreme Court, McCoy, Howe, U S Court of Appeals, 5th Circuit, Byrd, Jasper Texas, What's Happening Now, King King, John William King


Wednesday round-up

Today the Supreme Court hears its last two oral arguments of the term. First on the agenda is Quarles v. United States, which asks when a defendant must have formed the intent required to commit burglary for purposes of a “violent felony” under the Armed Career Criminal Act. Rory Little previewed the case for this blog. Matt Farnum and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. Today’s second argument is in Taggart v. Lorenzen, in which the justices will c...
Tags: New York, Supreme Court, Law, Court, Bloomberg, United States, Liberty, Davis, Wisconsin, Courthouse News Service, Cornell, Mitchell, Trump, Round-up, Thomas, Noah Feldman


Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census

The Supreme Court heard oral argument this morning in the dispute over the Trump administration’s decision to include a question about citizenship on the 2020 census. The federal government says that the Department of Justice wants data about citizenship to better enforce federal voting rights laws. But the challengers in the case counter that asking about citizenship will lead to an inaccurate count, because households with undocumented or Hispanic residents may not respond. After roughly 80 mi...
Tags: Florida, New York, Texas, Featured, Supreme Court, Law, Congress, United States, Ireland, House, United Nations, Ohio, Nancy Pelosi, Department Of Justice, Ruth Bader Ginsburg, Francisco


Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

Under Wisconsin law, anyone who drives on the state’s roads is assumed to have consented to have his blood tested for alcohol and drugs. The state’s laws also assume that a driver who is unconscious has not withdrawn that consent. Today – in a rare afternoon session – the Supreme Court heard oral argument in a challenge to the constitutionality of the provision allowing a blood test of an unconscious driver without a warrant. After an hour of debate, it wasn’t entirely clear how the justices mig...
Tags: Featured, Supreme Court, Law, Wisconsin, Ruth Bader Ginsburg, Mitchell, John Roberts, Roberts, Howe, Ginsburg, Department of Motor Vehicles, Alito, Stephen Breyer, Breyer, Elena Kagan, Kagan


Afternoon round-up: Oral argument in Department of Commerce v. New York

This morning, the justices heard 80 minutes of argument in one of the term’s highest-stakes cases, Department of Commerce v. New York, a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census. Amy Howe analyzed the argument for this blog, in a post that originally appeared at Howe on the Court, reporting that “the justices seemed divided along ideological lines, with the conservative justices appearing ready to uphold the use of the question.” Add...
Tags: Usa, New York, Law, Court, Nbc News, Los Angeles, Fox News, Trump, Round-up, Mark Sherman, Sonia Sotomayor, Robert Barnes, Lawrence Hurley, Howe, Adam Liptak, Jess Bravin


A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Mark Walsh of last week’s oral argument in Iancu v. Brunetti, a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. The post A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti appeared first on SCOTUSblog.
Tags: Featured, Law, Court, Howe, Mark Walsh, Brunetti, Amy Howe, Iancu, SCOTUStalk


Court to take up LGBT rights in the workplace (Updated)

[Editor’s Note: This post was updated at 11:50 a.m. to include discussion of CITGO Asphalt Refining Co. v. Frescati Shipping Co., Barton v. Barr and Putnam Investments v. Brotherston.] The Supreme Court announced today that it will weigh in next term on whether federal employment discrimination laws protect LGBT employees. After considering a trio of cases — two claiming discrimination based on sexual orientation and the third claiming discrimination based on transgender status — at 11 consecuti...
Tags: New York, Featured, Supreme Court, Law, Lgbt, Georgia, United States, Michigan, Jamaica, Hopkins, Stephens, EEOC, Equal Employment Opportunity Commission, Howe, U S Court of Appeals, Barton


Court to take up LGBT rights in the workplace

The Supreme Court announced today that it will weigh in next term on whether federal employment discrimination laws protect LGBT employees. After considering a trio of cases — two claiming discrimination based on sexual orientation and the third claiming discrimination based on transgender status — at 11 consecutive conferences, the justices agreed to review them. Until today, the cases slated for oral argument next term had been relatively low-profile, but this morning’s announcement means that...
Tags: New York, Featured, Supreme Court, Law, Lgbt, Georgia, Michigan, Hopkins, Stephens, EEOC, Equal Employment Opportunity Commission, Howe, U S Court of Appeals, 11th Circuit, 2nd Circuit, Merits Cases


Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday a Louisiana abortion clinic filed a cert petition asking the Supreme Court to strike down a state law requiring abortion providers to have admitting privileges at nearby hospitals; the justices had put the law on hold in February, in June Medical Services v. Gee. At AP, Mark Sherman reports that “[i]f the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the...
Tags: Supreme Court, Law, California, Court, Ap, Cnn, United States, Davis, Louisiana, North Carolina, Law360, Courthouse News Service, Newton, Trump, Round-up, Mark Sherman


Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant

In 2013, police officers found Gerald Mitchell wet, shirtless and covered in sand on a beach in Sheboygan, Wisconsin. Mitchell was slurring his words, and he told police that he had parked his car nearby “because he felt he was too drunk to drive.” After a preliminary breath test – the results of which are not admissible in court – revealed that Mitchell’s blood-alcohol level was three times the legal limit, police arrested Mitchell, first taking him to the police station. But he was so drunk t...
Tags: Featured, Supreme Court, Law, Colorado, California, Court, Wisconsin, Mitchell, Riley, The Supreme Court, Howe, Sheboygan, Merits Cases, Birchfield, North Dakota The Supreme Court, Gerald Mitchell


Abortion providers ask Supreme Court to take up appeal

In early February, the Supreme Court put a temporary hold on a Louisiana law that requires doctors who perform abortions in the state to have the authority to admit patients at a nearby hospital. Chief Justice John Roberts joined the court’s four more liberal justices in granting a request from abortion providers to bar the state from enforcing the law until the providers could file a petition for review of a ruling by the U.S. Court of Appeals for the Fifth Circuit upholding the law. That petit...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Scalia, Howe, Anthony Kennedy, U S Court of Appeals for the Fifth Circuit, 5th Circuit, Cases in the Pipeline, What's Happening Now, Brett Kavanaugh


Argument preview: Justices will review challenge to census citizenship question

Editor’s Note: An earlier version of this post ran on April 2, 2019, as an introduction to this blog’s symposium on Department of Commerce v. New York, as well as at Howe on the Court, where it was originally published. In March 2018, Secretary of Commerce Wilbur Ross announced that the 2020 census would ask whether each person being counted by the census is a U.S. citizen. Ross explained that the Department of Justice’s civil rights division wanted the data to better enforce federal voting ri...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Court, United States, Commerce, House Of Representatives, Department Of Justice, Doj, Ross, Gore, Trump, Howe


Tuesday round-up

The justices will hear oral argument this morning in two cases. The first is Parker Drilling Management Services. Ltd. v. Newton, in which they will consider whether California’s overtime and wage laws apply to drilling rigs on the Outer Continental Shelf. Andrew Siegel previewed the case for this blog. Lauren Devendorf and Tyler Schmitt have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in North Carolina Dept of Revenue v. Kimberley Rice Kaestn...
Tags: Supreme Court, Law, California, Washington Post, Court, Npr, Los Angeles Times, Cornell, Newton, Ucla, Round-up, Lyle Denniston, Robert Barnes, Howe, Jess Bravin, Nina Totenberg


Spring in Washington: Retirement talk

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court talks with Professor Stephen Wermiel of American University Washington College of Law about Supreme Court retirements, both in the possible future and from the recent past. The post Spring in Washington: Retirement talk appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Washington, Howe, American University Washington College of Law, Amy Howe, Stephen Wermiel, SCOTUStalk


No new grants today

Before returning to the bench this morning, the justices issued orders from last week’s private conference. They did not add any new cases to their merits docket for next term, and they asked the U.S. solicitor general to weigh in on an appeal filed by Arkansas attorney general Leslie Rutledge. Rutledge has requested review of a ruling by the U.S. Court of Appeals for the 8th Circuit, which held that an Arkansas law regulating prescription-drug reimbursement practices is pre-empted by the federa...
Tags: Featured, Law, Oregon, Indiana, Arkansas, Howe, U S Court of Appeals, What's Happening Now, Leslie Rutledge Rutledge


Monday round-up

This morning the Supreme Court will kick off its April session, the last of the term, with oral arguments in two cases. First up is Iancu v. Brunetti, in which the court will consider a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. Megan Carpenter previewed the case for this blog. Lauren Kloss and Nayanthika Ramakrishnan have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. At Blo...
Tags: New York, Supreme Court, Law, Alabama, Bloomberg, Commerce, New York Times, Round-up, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr, Department of Commerce, Brunetti, Amy Howe


Justices will review challenge to census citizenship question: In Plain English

In March 2018, Secretary of Commerce Wilbur Ross announced that the 2020 census would ask whether each person being counted by the census is a U.S. citizen. Ross explained that the Department of Justice’s civil rights division wanted the data to better enforce federal voting rights laws, and he characterized the decision as routine: From 1820 until 1950, the census had generally included a question about citizenship, and from 1960 until 2000, the census asked some respondents whether they were U...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Court, United States, Commerce, House Of Representatives, Department Of Justice, Doj, Ross, Gore, Trump, Howe


Tuesday round-up

The justices decided two cases yesterday. In Bucklew v. Precythe, the court, by a vote of 5-4, rejected a death-row inmate’s argument that, because he suffers from a rare medical condition, executing him by lethal injection would be so painful that it would violate the Constitution’s ban on cruel and unusual punishment. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the decision “revealed fault lines and cons...
Tags: New York, Supreme Court, Law, Court, Indiana, New York Times, Nielsen, Los Angeles Times, Trump, Round-up, Thomas, Howe, Adam Liptak, Jess Bravin, Sullivan, Clarence Thomas



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