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Court will review census citizenship dispute this term

The Supreme Court’s 2018-2019 term will end with a bang. In a brief order issued after the justices’ private conference, the court announced this afternoon that it will review a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census. The court will take up the case and hear oral argument in the dispute – without following the normal procedure and waiting for a federal appeals court to weigh in first – in late April. The dispute centers on the Marc...
Tags: New York, Featured, Supreme Court, Law, Commerce, Ruth Bader Ginsburg, Doj, Ross, Gore, Trump, U S Department of Justice, Howe, U S Court of Appeals, Merits Cases, What's Happening Now, Wilbur Ross


Tuesday round-up

In an op-ed for The New York Times, Alan Cross weighs in on the court’s 5-4 decision last week to allow Alabama to execute a Muslim inmate who had challenged Alabama’s refusal to permit an imam to be by his side when he died, noting that “[w]hat has gone largely unnoticed, but is in fact much more disturbing, is what Alabama did while the Ray case made its way through the courts: To further protect itself from Mr. Ray’s challenge, the state indicated it would end the practice of having a chaplai...
Tags: Supreme Court, Law, Alabama, America, United States, Louisiana, Ray, Trump, Round-up, Larrabee, Howe, Steven Mazie, Kavanaugh, Amy Howe, Knick, Rimini Street Inc


Court releases April calendar

The Supreme Court has released its calendar for the April sitting, which begins on April 15. Unlike the February and March sittings, which will feature only six and nine hours of argument, respectively, the April sitting is scheduled to have a full slate of 12 oral arguments – two on each of the six days of the sitting. The April sitting is perhaps most noteworthy for what it does not currently include: the challenge to the Trump administration’s decision to add a question about citizenship to t...
Tags: New York, Featured, Supreme Court, Law, California, United States, Davis, Wisconsin, Smith, United, Newton, Trump, Howe, Argus, McDonough, Brunetti


Monday round-up

Amy Howe covers last week’s Supreme Court news, including action “in cases asking the justices to intervene in cases involving the death penalty and abortion,” in a podcast at Howe on the Court. At First Mondays (podcast), Howe joins the hosts to expand on those topics. At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privil...
Tags: Supreme Court, Law, Alabama, America, Bloomberg, Federal Communications Commission, Louisiana, Economist, ABA Journal, Round-up, John Roberts, Fourth Circuit, Robert Barnes, Roberts, Howe, Adam Liptak


Friday round-up

Last night the Supreme Court, by a vote of 5-4, with Chief Justice John Roberts joining the more liberal justices, blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals from going into effect pending appeal. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. For , Brent Kendall and Jess Bravin report that “[b]y staying the effect of the lower-court ruling, the justices likely committed themselves to giving a ful...
Tags: Supreme Court, Law, Court, Alabama, New York Times, Federal Communications Commission, Louisiana, Round-up, John Roberts, Fourth Circuit, Roberts, Howe, Adam Liptak, Jess Bravin, Brent Kendall, Michael Dorf


Divided court allows Alabama execution to go forward

A divided Supreme Court cleared the way for Alabama to execute a Muslim inmate after denying his request to have an imam at his side in the execution chamber, even though the prison would allow a Christian chaplain to be present in the chamber. By a vote of 5-4, imposed yesterday by the U.S. Court of Appeals for the 11th Circuit. The Atlanta-based court had put the execution of Domineque Ray, who was convicted of raping and murdering 15-year-old Tiffany Harville in 1995, on hold, reasoning tha...
Tags: Featured, Supreme Court, Law, Alabama, Atlanta, Ray, Sonia Sotomayor, Howe, Elena Kagan, Kagan, 11th Circuit, What's Happening Now, U S Court of Appeals for the 11th Circuit, Justices Ruth Bader Ginsburg Stephen Breyer, Domineque Ray, Tiffany Harville


Justices grant stay, block Louisiana abortion law from going into effect

In June 2016, an eight-member Supreme Court struck down a Texas law that required doctors who perform abortions to have the authority to admit patients at a local hospital. The makeup of the court has changed significantly since then: In 2017, Justice Neil Gorsuch was confirmed to replace the late Justice Antonin Scalia, who died a few weeks before the Texas case was argued, and Justice Anthony Kennedy retired in 2018 and was replaced by Justice Brett Kavanaugh. But although the court by most me...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Howe, Alito, U S Court of Appeals, Samuel Alito, Anthony Kennedy, Kavanaugh, 5th Circuit, What's Happening Now


Justices to tackle partisan gerrymandering … again: In Plain English

Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. But in March, the Supreme Court will hear oral argument on whether state officials can go too far, so that they actually violate the Constitution, when they draw maps that favor one political party at another’s expense. And with the r...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts, Fayetteville


Justices asked to enter abortion fray (Updated)

[UPDATE: On January 29, Justice Samuel Alito directed the state to file a response to the challengers’ request by 3 p.m. on Thursday, January 31. ] The hot-button issue of abortion returned to the Supreme Court today. Two doctors who perform abortions and an abortion clinic asked the justices to block a lower-court ruling that upheld a Louisiana law that, according to a federal trial court, would leave “only one physician providing abortion in the entire state.” The challengers – which would m...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Howe, Roberts Court, U S Court of Appeals, Samuel Alito, Anthony Kennedy, 5th Circuit, What's Happening Now, Louisiana Alito


Justices asked to enter abortion fray

The hot-button issue of abortion returned to the Supreme Court today. Two doctors who perform abortions and an abortion clinic asked the justices to block a lower-court ruling that upheld a Louisiana law that, according to a federal trial court, would leave “only one physician providing abortion in the entire state.” The challengers – which would mean that the state could not enforce the law – to give them time to file a petition for review; the justices’ ruling on today’s request could tell u...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Howe, Roberts Court, U S Court of Appeals, Samuel Alito, Anthony Kennedy, 5th Circuit, What's Happening Now, Louisiana Alito


Justices to tackle important agency-deference question: In Plain English

This spring the Supreme Court will hear oral argument in Kisor v. Wilkie, a case that arises from a dispute over benefits for a Marine who served in the Vietnam War. Although it may sound dry, the case could be one of the most consequential ones of the term, because the justices will decide whether to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation – a doctrine sometimes known as “Auer deference.” The Supreme Court’s ruling could have a si...
Tags: Featured, Supreme Court, Law, Congress, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, John Roberts, Scalia, Howe, Clarence Thomas, Samuel Alito, Anthony Kennedy


Court releases March calendar

The Supreme Court issued the argument calendar for its March sitting today. Over a six-day period from March 18 through March 27, the justices will hear oral argument in nine cases. Three of those cases are likely to be among the biggest cases of the term. On March 26, in Rucho v. Common Cause and Lamone v. Benisek, the justices will return to the topic of partisan gerrymandering – that is, the idea that state officials violate the Constitution when they draw district lines to favor one politica...
Tags: Featured, Mississippi, Maryland, Supreme Court, Law, Kentucky, Virginia, United States, Federal Communications Commission, North Carolina, Flowers, Smith, U S Supreme Court, Howe, Mississippi Supreme Court, Wilkie


Wednesday round-up

Yesterday the Supreme Court issued orders from last Friday’s conference. The justices agreed to review a challenge to New York City’s restrictions on the transportation of licensed handguns, in a case that may not be heard until next term. They also denied the federal government’s request to review lower-court orders banning implementation of the Trump administration’s ban on service in the military by most transgender people, but, by a 5-4 vote, they reinstated the ban while appeals are pending...
Tags: New York, Supreme Court, Law, Obama, Washington Post, Washington, New York City, Bloomberg, Cnn, Npr, Oklahoma, Usa Today, Ruth Bader Ginsburg, Trump, Round-up, U S Supreme Court


Redacted petition made public in grand jury dispute

Last month the unnamed corporation at the center of a dispute over a grand jury subpoena that is widely believed to be connected to the investigation of Special Counsel Robert Mueller asked the Supreme Court for permission to file a petition for review under seal. Today the Supreme Court granted that permission and made a redacted version of the petition available to the public. However, the redacted version sheds little – if any – new light on the nature of the dispute or any possible links to ...
Tags: Featured, Supreme Court, Law, Washington, John Roberts, D C Circuit, Howe, Robert Mueller, What's Happening Now, Today the Supreme Court


Justices to review New York gun rights case

In 2008, the Supreme Court ruled that the Second Amendment protects an individual’s right to have a handgun at home for self-defense. Two years later, the justices made clear that this right also applies against state and local governments. Since then the Supreme Court has repeatedly declined to say anything more about how far states and cities can go in restricting gun rights, but today it granted a plea to weigh in, this time in a case from New York City. The request for review came from the N...
Tags: New York, Featured, Supreme Court, Law, Obama, California, Washington, New York City, Defense, United States, Donald Trump, Ash Carter, Kennedy, Trump, Carter, 9th Circuit


Tuesday round-up

On Friday, the Supreme Court removed Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over discovery in a challenge to the government’s decision to add a question about citizenship to the 2020 census, from the February argument calendar. Amy Howe has this blog’s updated coverage, which first appeared at Howe on the Court. At Bloomberg, Greg Stohr reports that the court “could reschedule the showdown for later this term to consider a trial judge’s rul...
Tags: Supreme Court, Law, America, Cnn, United States, Fox News, Jackson, Economist, Round-up, Gamble, Howe, Greg Stohr, Commerce Department, Steven Mazie, Pacific Legal Foundation, Department of Commerce


"An affected or simpering smile; a silly, conceited, smiling look."

That's the definition of "smirk" in the (unlinkable) OED. I looked up the word because it was used over and over to refer to the smile on the face of the Covington Catholic schoolboy the media singled out to destroy over the weekend.When is a smile a "smirk"? The dictionary says, when it's affected or simpering or silly and conceited looking.But I'd like a deeper psychological explanation of what is supposed to be in the mind of the smirker and how observers of smiles decide they have a window i...
Tags: Psychology, Facebook, Law, Virginia, Self-esteem, Wisconsin, Catholic, John, Smiling, Howe, Ruth Graham, Jaltcoh, John Althouse Cohen, Ann Althouse, OED, Brett Kavanaugh


Friday round-up

Yesterday, the challengers in Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over discovery in a challenge to the government’s decision to add a question about citizenship to the 2020 census, asked the justices to dismiss the case, arguing that a district court decision earlier this week that barred the government from adding the question has rendered the Supreme Court case moot. Amy Howe has this blog’s coverage, which first appeared at Howe on th...
Tags: Supreme Court, Law, East Coast, Round-up, Reuters, U S Supreme Court, Lawrence Hurley, Howe, Adam Feldman, Department of Commerce, Andrew Chung, Heritage Foundation, Amy Howe, Ross Guberman, National Law Journal, Tony Mauro


Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe analyzes yesterday’s oral argument in Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing. For The Washington Post, Robert Barnes reports that “Supreme Court justices indicated … that they thought Tennessee’s tough residency requirements for those who want to run liquor stores have more to do with protecting in-state economic interests...
Tags: New York, Supreme Court, Law, Congress, Court, Bloomberg, United States, Tennessee, Medicare, Jackson, Ruth Bader Ginsburg, The Washington Post, Trump, Round-up, Reuters, U S Supreme Court


Challengers urge justices to dismiss census case after district court ruling (Updated)

UPDATE: On Friday, January 18, the Supreme Court announced that it had removed the case from the February argument calendar and suspended the briefing schedule “pending further order of this Court.” Although the justices will not hear oral argument in the case in February, today’s order does not foreclose the possibility that the case could be argued later in the term, at which point the justices could also potentially review the district court’s decision blocking the government from including t...
Tags: Featured, Supreme Court, Law, Commerce, Department Of Justice, Doj, Ross, Gore, Trump, Howe, U S Department of Commerce, Merits Cases, What's Happening Now, Wilbur Ross, John Gore


Challengers urge justices to dismiss census case after district court ruling

On February 19, the Supreme Court is scheduled to hear oral argument in U.S. Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over evidence in a challenge to the Trump administration’s decision to reinstate a question about citizenship on the 2020 census. The justices agreed in November to review the case, but they also rejected the government’s request to put the trial in the case on hold. The district court went ahead with the trial, and on Tuesday...
Tags: Featured, Supreme Court, Law, Commerce, Department Of Justice, Doj, Ross, Gore, Trump, Howe, U S Department of Commerce, Merits Cases, What's Happening Now, Wilbur Ross, John Gore


Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito


Wednesday round-up

This morning the Supreme Court wraps up its January session with oral arguments in two cases. First on the agenda is a reargument in Knick v. Township of Scott, Pennsylvania, which asks whether the court should reconsider a precedent that requires property owners to exhaust state remedies before bringing federal takings claims under the Constitution. Miriam Seifter had this blog’s preview. Isaac Syed and Yuexin Angela Zhu preview the case for Cornell Law School’s Legal Information Institute. The...
Tags: Supreme Court, Law, Kentucky, Court, United States, Tennessee, Faa, Round-up, TVA, U S Supreme Court, John Roberts, Mark Joseph Stern, Blair, Howe, Ian Millhiser, Samuel Alito


Tuesday round-up

This morning the justices will hear oral argument in two cases. The first is Home Depot U.S.A. Inc. v. Jackson, which involves the ability of a third-party class-action defendant to remove a counterclaim from state court to federal court. Ronald Mann previewed the case for this blog. Basem Besada and Isaac Idicula have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute ...
Tags: Supreme Court, Law, California, Washington Post, Tennessee, Jackson, Securities And Exchange Commission, Round-up, Whitaker, Robert Barnes, Blair, Michaels, Howe, Carpenter, Department of Health and Human Services, Henry Schein Inc


No action on blockbuster cases

This morning the Supreme Court released another set of orders from the justices’ private conference last week. On Friday, the justices announced that they would add eight cases from that conference to their docket. Today’s list did not grant review in any new cases, but it was perhaps most significant for what it did not do: The justices did not act on a long list of high-profile cases that they considered last week, involving everything from abortion to the Trump administration’s ban on service...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, New York City, Indiana, United States, Lgbtq, White, Trump, U S Supreme Court, Toshiba Corp, Moore, Michaels, Howe


Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters


Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton


Argument preview: Justices to consider constitutionality of residency requirements for liquor licenses

The Constitution’s 21st Amendment gives states the power to regulate the distribution of alcohol into and within a state, while a doctrine known as the dormant commerce clause (derived from the Constitution’s commerce clause) bars states from discriminating against interstate commerce. Next week the Supreme Court will hear oral argument in a challenge to a Tennessee law that requires anyone who wants a retail license to sell alcohol in Tennessee to have lived there for at least two years. A fe...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, Tennessee, Nashville, Memphis, Knoxville, Howe, U S Court of Appeals, Doug, Asheville North Carolina, David Trone, Alcoholic Beverage Commission


Wednesday round-up

The justices wrap up the first week of the January session today with one oral argument, in Franchise Tax Board of California v. Hyatt, in which the court will consider whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Richard Re previewed the case for this blog. Clotilde Le Roy and Jarrett Field have a preview at Cornell Law School’s Legal Information Institute. In his first Supreme Court opinion, Justice Brett Kavanaugh wrote for...
Tags: Supreme Court, Law, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, New Orleans, Fox News, Republican, Economist, Hyatt, Trump, Round-up


Unnamed corporation seeks to file petition for review in grand jury dispute (UPDATED)

UPDATE: Just a few hours after the unnamed corporation appealed to the Supreme Court, the justices denied the company’s request to put the lower court’s order requiring it to provide the information or pay penalties on hold. The justices also vacated the temporary stay that Chief Justice John Roberts had imposed on December 23. There were no recorded dissents from the order, and no explanation for the ruling. However, one factor in the decision whether to grant such a request is whether there is...
Tags: Featured, Supreme Court, Law, Canada, John Roberts, D C Circuit, Howe, Guantanamo Bay Cuba, National Law Journal, Robert Mueller, Tony Mauro, What's Happening Now, Djamel Ameziane



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