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Brave new court: Melissa Murray on the new conservative majority

Melissa Murray refused to recant her view: The newly minted conservative court is poised to effect great change in the country. Murray, a professor of law at New York University and co-host of the podcast Strict Scrutiny, co-authored an article last September predicting that the transition on the Supreme Court from Justice Ruth Bader Ginsburg to Justice Amy Coney Barrett would spell “seismic consequences.” In conversation on Thursday with John Barrett, a professor of law at St. John’s Universit...
Tags: Featured, Supreme Court, Law, Congress, Philadelphia, Smith, Ruth Bader Ginsburg, Gore, Murray, New York University, Robert, Bush, John Roberts, Ginsburg, Barrett, Tandon


Senate Inches Closer To Forcing The Supreme Court To Televise Arguments

John Roberts prepares his symbolic middle finger.
Tags: Supreme Court, Law, Senate, Courts, John Roberts, Supreme Court To Televise Arguments


Senate Inches Closer Forcing The Supreme Court To Televise Arguments

John Roberts prepares his symbolic middle finger.
Tags: Supreme Court, Law, Senate, Courts, John Roberts, Supreme Court To Televise Arguments


The morning read for Tuesday, July 13

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: The real measure of Justice Amy Coney Barrett will come in the next year (Jon Ward, Yahoo! News) Amy Coney Barrett Is Following in John Roberts’ Footsteps (Dahlia Lithwick & Mark Joseph Stern, Slate) Supreme Court’s voting rights ruling casts shadow on future legal ...
Tags: Supreme Court, Law, Cbs News, Round-up, John Roberts, Amy Coney Barrett, Melissa Quinn, Jon Ward Yahoo News Amy Coney Barrett


In Barrett’s first term, conservative majority is dominant but divided

At the conclusion of Justice Amy Coney Barrett’s first term, the Supreme Court’s six-justice conservative majority is grappling with its newfound control. A split developing among its members is complicating the conservative revolution some predicted after Barrett’s confirmation last October. But with no anticipation of a Republican-appointed justice retiring anytime soon, and a blockbuster docket next term featuring clashes over abortion and gun rights, the contours of the court’s rightward sh...
Tags: New York, Featured, Mississippi, Supreme Court, Law, California, Joe Biden, Harvard, Philadelphia, Smith, Ruth Bader Ginsburg, Thomas, Democratic, Sonia Sotomayor, John Roberts, Roberts


Court releases names of law clerks for 2021-22 term

As the justices ended their business for the 2020-21 term and began their summer recess on Friday, the court announced the names of the law clerks slated to work for each justice next term. Here are the clerks for the 2021-22 term, which will begin in October. Chief Justice John Roberts: Samuel Adkission Christina Gay Maxwell Gottschall Dennis Howe Justice Clarence Thomas: Christopher Goodnow Steven Lindsay Michael Proctor Jose Valle Justice Stephen Breyer: Elizabeth Deutsch Erika Hoglun...
Tags: Law, Kennedy, Sonia Sotomayor, John Roberts, Stephen Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, What's Happening Now, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Elizabeth Nielson


Justices add one religious-rights case to docket but turn down another

Just before departing for their summer recess, the justices on Friday added 10 new cases to their docket for next term, including a high-profile dispute involving public funding for private schools that provide religious instruction. The busy order list was in some ways was a microcosm of the 2020-21 term as a whole. Although the decision to hear the school-funding case suggested that the court as a whole will continue to move to the right, the justices turned down another request to weigh in o...
Tags: Featured, Minnesota, Mississippi, Supreme Court, Law, Colorado, Washington, Court, Alabama, City, Chicago, David, United States, New Hampshire, Maine, Tennessee


The morning read for Friday, July 2

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Friday morning read: Advocates decry Supreme Court’s surprisingly sweeping voting rights decision (Josh Gerstein & Zach Montellaro, Politico) John Roberts takes aim at the Voting Rights Act and political money disclosures, again (Joan Biskupic, CNN) The Supreme Court Is Putting Democracy...
Tags: Supreme Court, Law, Round-up, John Roberts, Richard Hasen, Joan Biskupic, New York Times The Supreme Court, Josh Gerstein Zach Montellaro


Divided court invalidates California donor-disclosure rules

This article was updated on July 1 at 6 p.m. The Supreme Court on Thursday struck down 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 6-3 ruling in Americans for Prosperity Foundation v. Bonta was a major victory for the two nonprofit challengers, which had argued that the rule violates the First Amendment by deterring their donors from making contributions. In a ...
Tags: Featured, Supreme Court, Law, California, Irs, Charles Koch, Sonia Sotomayor, John Roberts, 9th Circuit, Roberts, Howe, U S Court of Appeals, Sotomayor, Stephen Breyer, Clarence Thomas, Samuel Alito


Is sovereign immunity out of gas in pipeline condemnation case?

The Supreme Court held 5-4 in PennEast Pipeline Co. v. New Jersey that sovereign immunity does not shield New Jersey from condemnation proceedings instituted by a private company in federal court to obtain properties for a pipeline. Chief Justice John Roberts wrote the majority opinion, joined by Justices Stephen Breyer, Samuel Alito, Sonia Sotomayor and Brett Kavanaugh. Justice Amy Coney Barrett dissented and was joined by Justices Clarence Thomas, Elena Kagan and Neil Gorsuch. Gorsuch also se...
Tags: Florida, Featured, Supreme Court, Law, Congress, Court, Pennsylvania, United States, New Jersey, States, John Roberts, Roberts, FERC, Barrett, U S Court of Appeals, Federal Energy Regulatory Commission


Divided court leaves eviction ban in place

The Supreme Court on Tuesday denied a request by a group of Alabama real estate agents to block a federal moratorium on evictions that was imposed because of the COVID-19 pandemic. Justice Brett Kavanaugh provided the key vote to leave the moratorium in place, joining Chief Justice John Roberts and the court’s three liberal justices. Kavanaugh wrote that, although he agrees with the real estate agents that the Centers for Disease Control and Prevention exceeded its authority when it issued the ...
Tags: Supreme Court, Law, Congress, Cdc, Alabama, Centers For Disease Control And Prevention, John Roberts, Howe, Friedrich, Elena Kagan, Kavanaugh, Department of the Treasury, Brett Kavanaugh, Elizabeth Prelogar, Amy Coney Barrett, Dabney Friedrich


Divided court says New Jersey can’t stop natural-gas pipeline

A pipeline developer may use the federal government’s power of eminent domain to seize property controlled by New Jersey so that it can build a natural-gas pipeline through the state, the Supreme Court ruled Tuesday in a 5-4 vote. The case, PennEast Pipeline Co. v. New Jersey, involved a planned 116-mile pipeline that would bring natural gas from northeast Pennsylvania to western New Jersey. The developer received a permit from the Federal Energy Regulatory Commission, and it argued that, under...
Tags: Featured, Supreme Court, Law, Pennsylvania, New Jersey, John Roberts, Roberts, Federal Energy Regulatory Commission, Elena Kagan, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Thomas Gorsuch, PennEast Pipeline Co, Stephen Breyer Samuel Alito Sonia Sotomayor, Clarence Thomas Justice Amy Coney Barrett


Justices argue over text (and ceviche) in ruling that Alaska Native corporations are “Indian tribes”

The Supreme Court on Friday ruled that Alaska Native corporations constitute “Indian tribes” under the Indian Self-Determination and Education Assistance Act, making them eligible for $500 million in federal coronavirus relief. Though the court focused almost exclusively on the statutory text, the decision will likely have broader implications for Alaska Natives. The case, Yellen v. Confederated Tribes of the Chehalis Reservation, centered on the 2020 CARES Act, which set aside $8 billion in ...
Tags: Featured, Supreme Court, Law, United States, Alaska, Yellen, Sonia Sotomayor, John Roberts, Treasury Department, Mark Bittman, Native, Sotomayor, Elena Kagan, Samuel Alito, Alaska Native, Gorsuch


Oil refineries win battle over renewable-fuel exemptions

The Supreme Court ruled Friday in favor of oil refineries seeking exemptions from a federal program that requires renewable fuels to be blended into gasoline and diesel. Justice Neil Gorsuch wrote the opinion in Hollyfrontier Cheyenne Refining v. Renewable Fuels Association. The case involved the Renewable Fuel Program, which Congress created in 2005 and expanded to its current form in 2007. Congress gave small refineries a temporary exemption from the program’s requirement to use increasing am...
Tags: Featured, Supreme Court, Law, Congress, Environmental Protection Agency, Sonia Sotomayor, John Roberts, Renewable Fuels Association, Elena Kagan, Gorsuch, HollyFrontier, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Renewable Fuel Program


Justices side with Alaska Native corporations in dispute over COVID aid

Alaska Native corporations are eligible for about $500 million in COVID-19 relief money that Congress earmarked for Native American tribes, the Supreme Court ruled Friday. Justice Sonia Sotomayor wrote the opinion in Yellen v. Confederated Tribes of the Chehalis Reservation. The case required the court to decide whether Alaska Native corporations are “Indian tribes” for the purpose of the 2020 CARES Act. Those corporations are Native-owned companies that Congress created in 1971 to resolve land...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Treasury, Yellen, Sonia Sotomayor, John Roberts, ANC, Treasury Department, Native, Sotomayor, Elena Kagan, Bureau of Indian Affairs


Justices craft their own remedy for violation of Constitution’s appointments clause

On Monday, the justices ruled 5-4 that the “unreviewable authority” of administrative patent judges meant those APJs were appointed in violation of the Constitution’s appointments clause. The justices then ruled 7-2 that the remedy was one of the court’s own making — that the director of the U.S. Patent and Trademark Office now has the discretion to review those APJ decisions. Both rulings occurred in United States v. Arthrex, Inc. A decade ago, Congress enacted a patent-reform bill, the Leah...
Tags: Supreme Court, Law, Congress, Senate, Court, United States, AIA, Presidential, Thomas, Sonia Sotomayor, John Roberts, Roberts, PTO, Barrett, Edmond, U S Patent and Trademark Office


The morning read for Thursday, June 24

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Thursday morning read: John Roberts is all business in his conservatism (Joan Biskupic, CNN) Why The ‘Trump Court’ Won’t Be Like Trump (Peter Canellos, Politico Magazine) Kavanaugh’s Sports Fandom Shines in Athlete-Centered Opinion (Kimberly Strawbridge Robinson & Jordan Rubin, Bloomberg...
Tags: Supreme Court, Law, Round-up, John Roberts, Mark Walsh, Joan Biskupic, Ciara Torres Spelliscy, Kimberly Strawbridge, Trump Peter Canellos Politico Magazine Kavanaugh


No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

In Borden v. United States, the Supreme Court analyzed the Armed Career Criminal Act’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. In a decision on June 10, five justices agreed that a recklessness crime does not count as...
Tags: Law, Congress, United States, Johnson, Thomas, John Roberts, Borden, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, United States the Supreme Court, ACCA, Ashcroft


Court declines to endorse warrantless entries in all “hot pursuits” for misdemeanors

The Supreme Court ruled on Wednesday that when police are pursuing someone for a misdemeanor, that pursuit does not automatically create the kind of emergency that allows the officer to follow the suspect into a home without a warrant. The court acknowledged that many cases will involve such emergencies – but that determination, Justice Elena Kagan stressed in her opinion for the court, will depend on the facts of each case. The decision came in the case of Arthur Lange, a California man conv...
Tags: Featured, Supreme Court, Law, California, Sonoma, Lange, John Roberts, Roberts, Howe, Elena Kagan, Kagan, Samuel Alito, Merits Cases, Weikert, Arthur Lange, Aaron Weikert


Court holds that regulation guaranteeing union access to employees is unconstitutional

The Supreme Court on Wednesday ruled that a California regulation that permits union organizers to enter the property of agricultural businesses to talk with employees about supporting a union is unconstitutional. By a vote of 6-3, the court agreed with the two businesses challenging the regulation that the rule violates the Fifth Amendment, which bars the government from taking private property without compensation. The ruling was a major victory for property-rights advocates and a setback for...
Tags: Featured, Supreme Court, Law, California, Court, Fresno, Sonia Sotomayor, John Roberts, Roberts, Howe, Fowler, Stephen Breyer, Breyer, Elena Kagan, Fowler Packing Co, Cedar Point


"Supreme Court Rules Against... a unique state regulation allowing labor representatives to meet with farm workers at their workplaces for up to three hours a day for as many as 120 days a year."

"Chief Justice John G. Roberts Jr., writing for the majority, said that 'the access regulation grants labor organizations a right to invade the growers’ property.' That meant, he wrote, that it was a taking of private property without just compensation. The decision did away with a major achievement of the farmworkers’ movement led by Cesar Chavez in the 1970s, which had argued that allowing organizers to enter workplaces was the only practical way to give farmworkers, who can be nomadic and po...
Tags: Supreme Court, Law, Labor, Property, John Roberts, Roberts, Adam Liptak, Cesar Chavez, John G Roberts Jr, Hassid, Ann Althouse, Cedar Point Nursery


The morning read for Wednesday, June 23

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Wednesday morning read: The Politics of Supreme Court Retirements (Isaac Chotiner, The New Yorker) Stop Telling Justice Breyer to Retire (Dahlia Lithwick, Slate) Clarence Thomas vs. the Fictional Progressive Narrative (Jason Riley, The Wall Street Journal) John Roberts: The man in the mi...
Tags: Supreme Court, Law, Round-up, John Roberts, Breyer, Michael Dorf, Clarence Thomas, Jason Riley, Sarah Isgur Deseret


Court requires religious exemption but leaves many questions unanswered

This article is the final entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. Holly Hollman is general counsel and associate executive director of Baptist Joint Committee for Religious Liberty. In Fulton v. City of Philadelphia, the court came to a surprisingly unanimous result: Philadelphia violated Catholic Social Services’ free exercise rights by denying it a contract based on the agency’s refusal to comply with the city’s nondiscrimination policy. How did the cou...
Tags: Featured, Law, Colorado, Css, Philadelphia, Masterpiece, Smith, Department of Human Services, John Roberts, Fulton, Roberts, Catholic Social Services, Employment Division, Baptist Joint Committee for Religious Liberty, Neil Gorsuch, Amy Coney Barrett


Justices scale back “unreviewable authority” of administrative patent judges

The Supreme Court ruled Monday that more than 200 administrative patent judges in the U.S. Patent and Trademark Office must be subject to greater supervision by the agency director in order to comply with the Constitution’s appointments clause. The decision in United States v. Arthrex, Inc. was fragmented. The court ruled 5-4 that the level of authority exercised by the patent judges is incompatible with the Constitution because the patent judges are not nominated by the president and confirmed...
Tags: Featured, Supreme Court, Law, Congress, Senate, United States, Commerce, Uspto, Sonia Sotomayor, John Roberts, Roberts, Barrett, U S Patent and Trademark Office, Stephen Breyer, Elena Kagan, Clarence Thomas


From the court, a vindication of faith-based service. From Alito, a blueprint for the future.

This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia. Andrea Picciotti-Bayer is the director of the Conscience Project and previously was the legal adviser to the Catholic Association. Anti-Catholic bigotry is not a thing of the past. When the city of Philadelphia severed ties with Catholic Social Services, a church-run foster-care program, it was the equivalent of hanging a “Catholics Need Not Apply” sign outside of its Department of Human Services. Cit...
Tags: Featured, Supreme Court, Law, America, Css, United States, New York Times, Catholic Church, Philadelphia, Catholic, Biden, Smith, John Roberts, Fulton, American Civil Liberties Union, Hill


The morning read for Friday, June 18

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Friday morning read: Roberts, Kavanaugh and Barrett have seized the Supreme Court for now (Joan Biskupic, CNN) Supreme Court Conservative Shift Hits Bump With Moderate Rulings (Greg Stohr, Bloomberg) Why the Supreme Court Should Reset the Terms of the Abortion Debate ( Leah Libresco Sa...
Tags: Featured, Supreme Court, Law, California, City, Philadelphia, Nestle, Round-up, Philly, John Roberts, Mark Joseph Stern, Josh Blackman, Greg Stohr, Barrett, Joan Biskupic, Ilya Somin


Court holds that city’s refusal to make referrals to faith-based agency violates Constitution

This article was updated on June 17 at 6:52 p.m. In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday that Philadelphia violated the First Amendment’s free exercise clause when the city stopped working with a Catholic organization that refused to certify same-sex couples as potential foster parents. The ruling was a victory for Catholic Social Services, an organization associated with the Archdiocese of Philadelphia, and two foster...
Tags: Featured, Supreme Court, Law, Css, Philadelphia, Catholic, Smith, Thomas, Department of Human Services, John Roberts, Roberts, Howe, Alito, Barrett, Breyer, Samuel Alito


Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

This article was updated on June 17 at 7:15 p.m. The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based companies, Nestle and Cargill, facilitated human-rights abuses on cocoa plantations in the Ivory Coast. By a vote of 8-1, the justices ruled that the lawsuit cannot go forward because it is based on conduct that occurred overseas. Although the decision was obviously a victory for the two companies, it was not the sweeping one that the business community had sought. The...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Mali, Ivory Coast, Cargill, Nestle, Thomas, John Roberts, 9th Circuit, The Supreme Court, Howe, Alito


Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump


Real estate agents ask court to block eviction moratorium

A group of Alabama real estate agents asked the Supreme Court on Thursday to block a federal moratorium on evictions that was imposed because of the COVID-19 pandemic. In May, a federal district judge agreed with the group that the Centers for Disease Control does not have the power to impose the policy, but she put her ruling on hold to give the government time to appeal. The Alabama Association of Realtors urged the Supreme Court to intervene on an emergency basis and lift that stay order, te...
Tags: Featured, Supreme Court, Law, Congress, Cdc, Alabama, John Roberts, Centers for Disease Control, Howe, Alabama Association of Realtors, Dabney Friedrich, Emergency appeals and applications, Department of Health and Human Services This, District of Columbia Roberts



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