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Court grants Alabama’s request to block ruling on COVID-related accommodations for upcoming runoff election

Tonight a divided Supreme Court granted a request by Alabama to temporarily freeze a lower-court ruling, issued as a result of the COVID-19 pandemic, that would make it easier for voters in the state to cast absentee ballots in the state’s upcoming primary election runoff, which is scheduled for July 14. By a vote of 5-4, the justices put the order by a federal district court in Alabama on hold while the state appeals to the U.S. Court of Appeals for the 11th Circuit and, if necessary, the Supre...
Tags: Featured, Supreme Court, Law, Senate, Court, Alabama, Wisconsin, Donald Trump, U S Senate, Howe, Auburn University, U S Court of Appeals, Jeff Sessions, Elena Kagan, 11th Circuit, Texas Democratic Party


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


Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools

In 2015, the Montana legislature created a scholarship program that provided a dollar-for-dollar tax credit for donations to private scholarship organizations. Those organizations used the money to fund scholarships for children to attend private schools – which, in Montana, are primarily religious schools. In 2018, the Montana Supreme Court struck down the tax-credit program, holding that it violated the state constitution’s ban on aid for churches and religious schools. Today the U.S. Supreme ...
Tags: Featured, Supreme Court, Law, Montana, Court, Catholic, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, U S Supreme Court, John Roberts, Institute for Justice, Stillwater, Roberts, Howe, Ginsburg


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


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


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Opinion analysis: Justices uphold condition for HIV/AIDS funding

Seven years ago, the Supreme Court ruled that nongovernmental organizations based in the United States cannot be required to have a policy that expressly opposes prostitution and sex trafficking in order to receive government funds to fight HIV/AIDS. However, by a vote of 5-3, the court held today in U.S. Agency for International Development v. Alliance for Open Society International that enforcement of a similar requirement against the foreign affiliates of the same U.S.-based NGOs does not vio...
Tags: Featured, Supreme Court, Law, Congress, Cnn, United States, Thomas, Sonia Sotomayor, U S Agency for International Development, Howe, U S Court of Appeals, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Kavanaugh


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Justices reject effort to allow mail-in voting for all in Texas

The Supreme Court today refused to reinstate a ruling by a federal trial court that would have allowed all eligible voters in Texas to vote by mail for the 2020 election cycle. In a brief order without any noted dissents, the justices turned down a request from the Texas Democratic Party and a group of Texas voters to block a ruling by the U.S. Court of Appeals for the 5th Circuit that put the trial court’s ruling on hold. In a short statement, Justice Sonia Sotomayor urged the 5th Circuit to se...
Tags: Texas, Featured, Supreme Court, Law, Sonia Sotomayor, Howe, U S Court of Appeals, Sotomayor, 5th Circuit, Fred Biery, Texas Democratic Party, Biery, Emergency appeals and applications


Event announcement: Supreme Court in Review: View from the Press Gallery

On June 30, 2020, from 3-4:30 p.m. ET, the Washington Council of Lawyers will host a discussion on the 2019-2020 Supreme Court term and the court’s future under COVID-19, led by a panel of veteran court reporters: Robert Barnes of the Washington Post, Joan Biskupic of CNN and Amy Howe of Howe on the Court. The event will be moderated by Art Spitzer of ACLU-DC. The cost of this program is $10 for members of WCL or co-sponsoring organizations, $15 for public interest and government lawyers and $20...
Tags: Supreme Court, Law, Washington Post, Cnn, Aclu, Robert Barnes, Howe, Joan Biskupic, Amy Howe, WCL, Event Announcements, ET the Washington Council of Lawyers, Art Spitzer


Tuesday round-up

Yesterday the court issued one decision, in Liu v. Securities and Exchange Commission, holding 8-1 that the SEC can seek disgorgement of profits as a remedy in court for violating the securities fraud laws if the amount does not exceed the wrongdoer’s net profit and is awarded for the victims. Ronald Mann analyzes the opinion for this blog. Adam Liptak reports for The New York Times that the ruling “preserv[es] a tool that has allowed [the SEC] to recover billions of dollars[, b]ut the justices ...
Tags: Supreme Court, Law, Bloomberg, Chicago, New York Times, SEC, Department Of Homeland Security, University Of California, Federal Trade Commission, Securities And Exchange Commission, Round-up, Sonia Sotomayor, U S Supreme Court, Stephens, EEOC, Liu


No new grants on today’s order list

One week after finally denying review in a large batch of cases asking them to weigh in on issues relating to qualified immunity for police officers and the rights of gun owners, this morning the justices issued a relatively quiet list of orders from their private conference last week. The justices did not add any new cases to their merits docket for next term, nor did they ask for the federal government’s views in any cases. The justices denied review in Kansas v. Boettger, the only case that...
Tags: Facebook, Featured, Supreme Court, Law, Congress, Fbi, Pennsylvania, Kansas, Trump, Howe, Clarence Thomas, United States the Supreme Court, Anthony Elonis, Elonis, Cases in the Pipeline, American Institute for International Steel


Friday round-up

Yesterday the Supreme Court decided another of the term’s most closely watched cases, Department of Homeland Security v. Regents of the University of California, ruling that the government’s decision to terminate the DACA program, which allowed undocumented young people brought to this country as children to apply for protection from deportation, violated the procedural requirements prescribed for administrative agencies. Amy Howe analyzes the opinion for this blog, in a post that was first publ...
Tags: Usa, Texas, Supreme Court, Law, Congress, Court, US, Bloomberg, Joe Biden, Cnn, Atlantic, New York Times, Fox News, Npr, Donald Trump, Ada


Court fast-tracks federal death penalty dispute 

After the federal government announced that it plans to resume executions in July after a pause of nearly 20 years, the Supreme Court today put the dispute over the lethal-injection protocol that the government plans to use in those executions on a fast track. In an order issued this afternoon, the justices instructed the federal government to file its brief opposing the inmates’ petition for review tomorrow, with the inmates’ reply brief to follow on Monday, June 22. This briefing schedule, whi...
Tags: Featured, Supreme Court, Law, Court, Department Of Justice, D C Circuit, Howe, Bureau of Prisons, Keith Nelson, Tanya Chutkan, William Barr, Capital Cases, Emergency appeals and applications, Daniel Lee Wesley Purkey Dustin Hanken


Opinion analysis: Court rejects Trump administration’s effort to end DACA (Updated)

It has been eight years since the Obama administration created the Deferred Action for Childhood Arrivals program, known as DACA, which allows undocumented young adults who came to the United States as children to apply for protection from deportation. In 2017, the Trump administration announced that it would end the program, which it believed had been illegal in the first place. Today, by a vote of 5-4, the Supreme Court ruled that the administration acted improperly in terminating the program,...
Tags: New York, Featured, Supreme Court, Microsoft, Law, Obama, Congress, California, Mexico, Dhs, United States, Nielsen, District Of Columbia, Donald Trump, Department Of Homeland Security, Duke


Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that “[a]fter just under three years (and three Supreme Court terms) on the job, Noel Francisco announced today that he would step down as the solicitor general of the United States, effective July 3, 2020.” According to Jessica Gresko at AP, “[i]t is common for people in the job to leave in the summer, when the Supreme Court takes a break, before a presidential election.” For The Washington Post (subscription re...
Tags: Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Ap, United States, Liberty, New York Times, Philadelphia, Donald Trump, Francisco, DOE, Forest Service, Trump


Solicitor General Noel Francisco announces departure from DOJ

After just under three years (and three Supreme Court terms) on the job, Noel Francisco announced today that he would step down as the solicitor general of the United States, effective July 3, 2020. In a to President Donald Trump, Francisco wrote that he planned “to return to the private sector and spend more time with” his family. In a statement, Attorney General William Barr described Francisco as a “principled and persuasive advocate” who “has represented the United States superbly before t...
Tags: Featured, Supreme Court, Law, Lgbt, Cnn, United States, Muslim, Department Of Justice, Francisco, Doj, Trump, Howe, Barr, Janus, Steve Vladeck, What's Happening Now


Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that last night the court temporarily blocked the execution of Ruben Gutierrez, a Texas inmate who argues that the state’s refusal to allow him to have a spiritual advisor of his choosing by his side in the death chamber violates his First Amendment rights and a federal law that protects the religious rights of inmates. For (subscription required), Jess Bravin reports that “Mr. Gutierrez’s case provides the cou...
Tags: Texas, Supreme Court, Law, Washington Post, Washington, Ap, Atlantic, Liberty, Donald Trump, Forest Service, Round-up, Henry Schein, Mark Sherman, New Republic, U S Supreme Court, HARRIS


Justices block Texas execution

Tonight the Supreme Court put a temporary hold on the execution of Texas death-row inmate Ruben Gutierrez, who had been scheduled to die at 7 p.m. EDT. In a short unsigned order, the justices granted a request by Gutierrez to stay his execution while it considers his petition to review his case on the merits. Gutierrez has spent more than 20 years on death row for the murder of 85-year-old Escolastica Harrison. Gutierrez and an accomplice robbed Harrison of cash, beat her and stabbed her repea...
Tags: Texas, Featured, Supreme Court, Law, Muslim, Catholic, Christian, Buddhist, Murphy, Gutierrez, Howe, Harrison, U S Court of Appeals, Patrick Murphy, Kavanaugh, 5th Circuit


Texas Democrats ask justices to allow mail-in voting for all

With just over two weeks remaining before the deadline to request mail-in ballots for the upcoming primary runoff election, the Texas Democratic Party and a group of Texas voters have asked the Supreme Court to reinstate a ruling by a federal trial court that would allow all eligible voters in Texas to vote by mail for the 2020 election cycle. Citing concerns that allowing widespread mail-in voting will lead to voter fraud, Texas officials have opposed their effort; a decision by the Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Howe, U S Court of Appeals, Samuel Alito, 5th Circuit, Texas Texas, Fred Biery, Texas Democratic Party, Biery, Texas Democrats, 5th Circuit Alito, Emergency appeals and applications, Joseph Cascino


Texas Democrats ask justices to allow mail-in voting for all (Updated)

With just over two weeks remaining before the deadline to request mail-in ballots for the upcoming primary runoff election, the Texas Democratic Party and a group of Texas voters have asked the Supreme Court to reinstate a ruling by a federal trial court that would allow all eligible voters in Texas to vote by mail for the 2020 election cycle. Citing concerns that allowing widespread mail-in voting will lead to voter fraud, Texas officials have opposed their effort; a decision by the Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, Texas Texas, Fred Biery, Texas Democratic Party, Biery, Texas Democrats, 5th Circuit Alito, Emergency appeals and applications


Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump


Court grants two new cases

The Supreme Court added two new merits cases to its docket for next term, even as the issues that it declined to take up dominated today’s orders from the justices’ private conference last week. The justices also asked the federal government for its views on a dispute between Texas and California over the latter’s ban on government-funded travel to states that it regards as having laws or policies that discriminate against gays, lesbians and transgender people. Last term, in Henry Schein Inc. ...
Tags: Texas, Featured, Supreme Court, Law, California, United States, Archer, Nashville, Thomas, Howe, Baxter, Clarence Thomas, Henry Schein Inc, Cases in the Pipeline, John Elwood, Albence


Court sends case of Texas death-row inmate back for new look

The justices revived the case of Terence Andrus, a Texas inmate who was sentenced to death for the 2008 shootings of two people during an attempted carjacking in a grocery-store parking lot. The lawyer who was appointed to defend Andrus didn’t meet with him for almost eight months, and then only met with him outside of court six times in roughly four years; the lawyer admits that he did not do any work until just before jury selection began. At the trial, the lawyer did not present any evidence ...
Tags: Texas, Featured, Supreme Court, Law, Washington, Court, Howe, Alito, Strickland, Andrus, Samuel Alito, Texas Court of Criminal Appeals, Cases in the Pipeline, Justices Clarence Thomas, Neil Gorsuch Alito, Capital Cases


Court sends case of Texas death-row inmate back for new look (Corrected)

The justices revived the case of Terence Andrus, a Texas inmate who was sentenced to death for the 2008 shootings of two people during an attempted carjacking in a grocery-store parking lot. The lawyer who was appointed to defend Andrus didn’t meet with him for almost eight months, and then only met with him outside of court six times in roughly four years; the lawyer admits that he did not do any work until just before jury selection began. At the trial, the lawyer did not present any evidence ...
Tags: Texas, Featured, Supreme Court, Law, Washington, Court, Corrections, Howe, Alito, Strickland, Andrus, Samuel Alito, Texas Court of Criminal Appeals, Cases in the Pipeline, Justices Clarence Thomas, Neil Gorsuch Alito


After long wait, court spurns gun-rights challenges

In late April the Supreme Court sent a challenge to the constitutionality of New York City’s ban on the transport of handguns outside the city back to the lower court without ruling on whether the ban was constitutional. By a vote of 6-3, the justices concluded that the case was moot – that is, no longer a live controversy – because the city had changed the rule last year. In a concurring opinion, Justice Brett Kavanaugh suggested that the lower courts “may not be properly applying” the Supreme ...
Tags: New York, Featured, Supreme Court, Law, New York City, Court, New Jersey, Rogers, Thomas, Howe, Clarence Thomas, Kavanaugh, Grewal, Cases in the Pipeline, Brett Kavanaugh, Thomas Rogers


Court turns down government’s “sanctuary state” petition

After considering a major case involving immigration — this time, an effort by the federal government to invalidate one of California’s so-called “sanctuary state” laws — at 12 consecutive conferences, the justices declined to add the case to their docket. Passed in 2017, S.B. 54 (known as the California Values Act) prohibits state and local law enforcement officials from cooperating with federal immigration officials – for example, by providing information about individuals in custody, or trans...
Tags: Featured, Supreme Court, Law, California, Howe, U S Court of Appeals, Clarence Thomas, Samuel Alito, Cases in the Pipeline


Opinion analysis: Federal employment discrimination law protects gay and transgender employees (Updated)

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of sex.” Today the Supreme Court, by a vote of 6-3, ruled that even if Congress may not have had discrimination based on sexual orientation or transgender status in mind when it enacted the landmark law over a half century ago, Title VII’s ban on discrimination protects gay, lesbian and transgender employees. Because fewer than half of the 50 states currently ban employment discrimination based on gender ident...
Tags: Featured, Supreme Court, Law, Congress, Senate, Lgbt, Court, House Of Representatives, Michigan, John Roberts, Scalia, Stephens, Equal Employment Opportunity Commission, Howe, Donna, Alito



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