Posts filtered by tags: Kagan[x]


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

"Both The Washington Post and The New York Times have front-page articles touting Chief Justice John Roberts as the new 'swing vote.'"

That's a post of mine from 2 years ago... in case you want to act surprised at the Roberts vote in yesterday's abortion case.Back then, I said:The center position is so powerful. Having seen the attention and (faux) adulation given to Justice Kennedy over the years, the Justices must be eyeing the vacancy. Some new person will get Kennedy's seat, but he is likely to be a staunch conservative like Gorsuch. The real vacancy we're seeing is in the "swing vote" position, and any Justice could feel p...
Tags: Justice, Supreme Court, Law, The New York Times, The Washington Post, Kennedy, John Roberts, Roberts, Kagan, Gorsuch, Ann Althouse

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

Empirical SCOTUS: Interesting meetings of the minds of Supreme Court justices

Unanimity in the Supreme Court used to be the norm. In the early years of court history there were few dissents, and so there was little opportunity to examine differences between the justices outside of how they authored their majority opinions. This practice has changed over the years, and decisions are more frequently divided rather than unanimous. Certain justices are also more likely to vote alongside, or against, one another. Differences in voting agreements can be somewhat staggering. ...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, William Rehnquist, Sotomayor, Stephen Breyer, Breyer, Elena Kagan

Opinion analysis: Strike out

The country is anxiously awaiting many momentous Supreme Court decisions: Can the Trump administration abolish DACA? Is LGBT discrimination illegal under Title VII? And so on. But all we got this morning was a unanimous decision in Lomax v. Ortiz-Marquez, this term’s case about the hastily drafted and much-litigated 1996 Prison Litigation Reform Act. Not that the case doesn’t matter; it does, because it closes the courthouse door a little bit tighter against some prisoner litigants. Under the PL...
Tags: Featured, Supreme Court, Law, Congress, United States, Trump, Thomas, Humphrey, Elena Kagan, Kagan, Lomax, Clarence Thomas, Merits Cases, D C District Court, PLRA, Neil Gorsuch

SCOTUS issues short unanimous opinion clarifying prisoner filing limits of PLRA

With a large number of high-profile (and likely divisive) civil cases still left to resolve in the current SCOTUS Term, the US Supreme Court this morning just issued one little unanimous opinion and it happened to be the one last case on the docket dealing with criminal justice matters.  Specifically, Justice Kagan wrote a seven-page opinion for a unanimous Court in Lomax v. Ortiz-Marquez, 18-8369 (S. Ct. June 8, 2020) (available here).  The opinion begins and ends this way: To help staunch a “...
Tags: Law, Court, Jones, US supreme court, IFP, Kagan, Lomax, Bock, Douglas A Berman, PLRA, Ortiz Marquez

Ask the authors: The long and winding road from shortlisted to selected for female Supreme Court nominees

The following is a series of questions posed by Ronald Collins to Renee Knake Jefferson and Hannah Brenner Johnson in connection with their new book, “Shortlisted: Women in the Shadows of the Supreme Court” (New York University Press, 2020), which tells the untold stories of women that presidents considered as justices for the Supreme Court in the decades before Sandra Day O’Connor’s confirmation. Renee Knake Jefferson is a professor of law and the Joanne and Larry Doherty Chair in Legal Ethics ...
Tags: New York, Featured, Supreme Court, Law, Obama, California, Washington Post, Washington, Senate, White House, Book Reviews, Reagan, Joe Biden, Ronald Reagan, New York Times, Jimmy Carter

Opinion analysis: Justices reaffirm distinction between first and second habeas petitions

One of the most significant changes to federal post-conviction habeas review that Congress adopted in 1996 in the Antiterrorism and Effective Death Penalty Act was the dramatic curtailment of second-or-successive habeas suits by which state and federal prisoners can challenge their confinement. But when a prisoner moves to amend a district court judgment denying his first federal habeas petition, is that still part of the first proceeding, or is that the second bite at the apple that Congress al...
Tags: Texas, Featured, Supreme Court, Law, Congress, Thomas, Crosby, Alito, Gonzalez, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Banister

SCOTUS, voting 7-2, limits reach of AEDPA's limit on second habeas petitions in Bannister v. Davis

The Supreme Court handed down a number of opinions this morning, and habeas/criminal procedure fans — or civil procedure fans since habeas actions are technically civil actions — will be excited to see one of the group is Bannister v. Davis, No. 18–6943 (S. Ct. June 1, 2020) (available here).  The opinion in Bannister is a notable procedural win for habeas petitioners, and I am intrigued and a bit surprised the ruling came down 7-2 given how long the opinions took to be issued (the case had been...
Tags: Supreme Court, Law, Court, Davis, Thomas, Bannister, Crosby, Court of Appeals, District Court, Fifth Circuit, Alito, Gonzalez, Kagan, Banister, Douglas A Berman

Empirical SCOTUS: How the justices and advocates spent their speaking time during the May arguments

Editor’s note: This is the third post in a series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. The Supreme Court heard some of the most important cases of the term in a month when there almost were no arguments at all. The court canceled its March and April sittings due to COVID-19. With flexible ingenuity, it then rescheduled 10 arguments for May, which was the first time the court has had anything near a full May sitting since...
Tags: Supreme Court, Law, Pennsylvania, United States, Donald Trump, Ruth Bader Ginsburg, Francisco, Trump, Sonia Sotomayor, John Roberts, Vance, Fisher, Roberts, Alito, Koons, Sotomayor

Church challenges COVID-19 stay-at-home order

A southern California church has asked the Supreme Court to block the enforcement of stay-at-home orders issued by California and San Diego County, arguing that the orders are unconstitutional because they discriminate against places of worship. In its 33-page filing, which was submitted to the Supreme Court over the weekend but wasn’t docketed until today, the South Bay United Pentecostal Church acknowledges that the “COVID-19 pandemic is a national tragedy” but argues that it “would be equally...
Tags: Featured, Supreme Court, Law, California, Breaking News, Donald Trump, San Diego County, Gavin Newsom, U S Department of Justice, Howe, U S Court of Appeals, Elena Kagan, Kagan, Newsom, Emergency appeals and applications, South Bay United Pentecostal Church

Church challenges COVID-19 stay-at-home order (Updated)

Update: Justice Elena Kagan has called for a response in the case; it is due on Thursday, May 28, by 8 p.m. On Wednesday, two Chicago-area churches asked the justices to allow them to hold services on Pentecost as well. The Elim Romanian Pentecostal Church and Logos Baptist Ministries, which are both Romanian-American Christian churches, argue that the stay-at-home orders and reopening plan for Illinois violate the Constitution by imposing a 10-person limit on worship services that does not appl...
Tags: Featured, Supreme Court, Law, California, Chicago, Illinois, Donald Trump, San Diego County, Gavin Newsom, U S Department of Justice, Howe, U S Court of Appeals, Elena Kagan, Kagan, Pentecost, Newsom

Empirical SCOTUS: Results from the court’s experiment with a new oral argument format

Editor’s note: This is the second post in a series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. Data for this project was provided by Oyez, a free law project by Justia and the Legal Information Institute of Cornell Law School. Kalvis Golde and Katie Bart both provided invaluable assistance in aggregating data for this post. We recently witnessed what was likely the biggest experiment in the history of Supreme Court oral argumen...
Tags: Featured, Supreme Court, Law, Pennsylvania, Times, Ruth Bader Ginsburg, Trump, Thomas, Sonia Sotomayor, John Roberts, Vance, Roberts, Alito, William Rehnquist, Sotomayor, Stephen Breyer

Empirical SCOTUS: Changes in Supreme Court oral argument format: The good, the bad and the ugly

Editor’s note: This is the first in a three-post series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. The first week of the Supreme Court’s telephonic oral arguments provided meaningful data points to compare old-style oral arguments with the new framework. These new arguments were not without mishaps, as justices and attorneys attempted to navigate this unfamiliar terrain. Using Supreme Court transcript data and audio recordings...
Tags: Featured, Supreme Court, Law, Pennsylvania, Department Of Homeland Security, Ruth Bader Ginsburg, Ross, Thomas, Peter, Sonia Sotomayor, Stewart, John Roberts, Blatt, Roberts, Liu, Ginsburg

Argument analysis: In a close case, concerns about chaos from “faithless electors”

This morning the Supreme Court heard oral argument in a pair of challenges to the constitutionality of so-called “faithless elector” laws – state laws that penalize or remove a presidential elector who does not vote for the candidate he has pledged to support. Six presidential electors, who hail from Washington and Colorado, argue that the Founding Fathers didn’t want electors, who are part of the Electoral College that meets to formally elect the president after voters cast their ballots, simpl...
Tags: Featured, Supreme Court, Law, Colorado, Washington, Harvard, Hillary Clinton, Ruth Bader Ginsburg, Harrow, Clinton, Lessig, John Kasich, State, Democratic Party, Sonia Sotomayor, John Roberts

Argument analysis: A marathon debate, and no clear winners, in debate over Trump tax returns

The battle over efforts to obtain President Donald Trump’s tax returns reached the Supreme Court in two oral arguments today. Over a year ago, committees in the Democratic-controlled House of Representatives and a Manhattan district attorney issued subpoenas for the president’s financial records to the president’s longtime accountant and lenders, but the president has tried to block those institutions from complying with the subpoenas. After nearly three-and-a-half hours of oral arguments today,...
Tags: New York, Featured, Supreme Court, Law, Congress, House, House Of Representatives, Bill Clinton, Manhattan, Deutsche Bank, Donald Trump, Ruth Bader Ginsburg, Francisco, Wall, Jones, Clinton

Argument analysis: Justices divided in debate over “ministerial exception”

This morning the Supreme Court heard oral argument in a pair of cases filed by two teachers in southern California, who sued the Catholic schools where they worked after they learned that their contracts wouldn’t be renewed. The Catholic schools have urged the courts to throw out the teachers’ cases, relying on a doctrine known as the “ministerial exception,” which bars ministers from suing churches and other religious institutions for employment discrimination. In 2012, the Supreme Court ruled ...
Tags: Featured, Supreme Court, Law, California, Judaism, Vatican, Catholic, Ruth Bader Ginsburg, Matthew, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit, Fisher, EEOC, Roberts

Opinion analysis: Unanimous court throws out “Bridgegate” convictions

In 2013, officials with ties to Chris Christie, then the governor of New Jersey, altered the traffic pattern on the George Washington Bridge in an effort to punish the mayor of nearby Fort Lee, New Jersey, for his failure to support Christie’s reelection bid. The change in the traffic pattern led to four days of gridlock on the streets surrounding the bridge before the original pattern was eventually restored. Two of the officials responsible for the change were found guilty of violating federal...
Tags: New York, Chris Christie, Featured, Supreme Court, Law, Fort Lee, New Jersey, Christie, Kelly, The Supreme Court, Howe, George Washington Bridge, Port Authority of New York, Port Authority, Elena Kagan, Kagan

Argument analysis: Justices skeptical of robocall law, but appear to want to keep it

The Supreme Court heard oral argument yesterday in Barr v. American Association of Political Consultants. The case is one of a handful this spring that, because of the pandemic, the court is hearing by telephone with the public listening in. That’s perhaps fitting because the case is itself about phone calls—cellphone robocalls in particular. The question before the justices yesterday was whether the 1991 Telephone Consumer Protection Act’s ban on robocalls to cellphones, or an exception added t...
Tags: Featured, Supreme Court, Law, Congress, America, Ruth Bader Ginsburg, Thomas, Reed, Stewart, John Roberts, Martinez, Ginsburg, Alito, Stephen Breyer, Breyer, Elena Kagan

"Supreme Court unanimously reverses 'Bridgegate' convictions."

Fox News reports:The court recognized that the lane closures, known commonly as "Bridgegate," were done as political payback against the mayor of Fort Lee, N.J. for not supporting the reelection campaign of then-Governor Chris Christie. The problem, the court pointed out, is that this is not a violation of the statutes under which the defendants were charged."The question presented is whether the defendants committed property fraud. The evidence the jury heard no doubt shows wrongdoing—deception...
Tags: Chris Christie, Crime, Supreme Court, Law, Congress, Fort Lee, United States, Fox News, Kelly, Tribe, Elena Kagan, Kagan, Larry Tribe, Ann Althouse, Federalism, Prosecutorial Ethics

SCOTUS unanimously reverses "Bridgegate" convictions as involving conduct not covered by federal property fraud statute

The US Supreme Court handed down a unanimous opinion this morning in Kelly v. United States, No. 18-1059 (S. Ct. May 7, 2020)  (available here), the high-profile political fraud case often called "Bridgegate."  Here is how Justice Kagan's short opinion for the full Court gets started: For four days in September 2013, traffic ground to a halt in Fort Lee, New Jersey.  The cause was an unannounced realignment of 12 toll lanes leading to the George Washington Bridge, an entryway into Manhattan adm...
Tags: Law, Court, Fort Lee, United States, New Jersey, Manhattan, US supreme court, Kelly, George Washington Bridge, Port Authority of New York, Port Authority, Kagan, Fort Lee New Jersey, Douglas A Berman

Argument analysis: After marathon argument, little consensus on future of birth-control mandate exemptions

The Supreme Court heard oral argument this morning in the latest chapter of the battle over the Affordable Care Act’s “birth-control mandate,” which generally requires employers to provide their female employees with health insurance that includes access to certain forms of contraceptives. In 2017, the Trump administration issued new rules that expanded an exemption from the mandate and allowed private employers with religious or moral objections to opt out of providing coverage without any noti...
Tags: Featured, Supreme Court, Law, Obama, Congress, Pennsylvania, United States, New Jersey, Fda, Catholic, Ruth Bader Ginsburg, Francisco, ACA, Hobby Lobby, Paul Clement, Trump

Argument analysis:  A very orderly argument

The Supreme Court’s first telephonic oral argument raised the question whether a business can create a registrable trademark or service mark by combining an unprotectable generic term for the services it offers with the generic top-level domain name “.com.” Trademark law bars registration of generic terms, but it permits the registration of merely descriptive terms if they have acquired enough secondary meaning that the public understands them as trademarks rather than as terms that describe goo...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Ross, Shutterfly, Thomas, John Roberts, Blatt, Roberts, Ginsburg, PTO, U S Court of Appeals, Goodyear, U S Patent and Trademark Office

Argument preview: Court to consider constitutionality of condition for HIV/AIDS funding – again

In 2003, Congress passed the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act, which has provided billions of dollars to fund efforts to combat HIV/AIDS overseas. Among other things, the law contains a requirement that organizations receiving funds to fight HIV/AIDS “have a policy explicitly opposing prostitution and sex trafficking.” Seven years ago, the Supreme Court ruled that such a condition violates the First Amendment when applied to nongovernmental organizations b...
Tags: Usa, New York, Featured, Supreme Court, Law, Congress, Senate, India, Court, United States, South Africa, South Dakota, Tennessee, The Supreme Court, Howe, Saharan Africa

Courtroom access: Legislative efforts to allow cameras in Supreme Court chamber

Editor’s note: On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic, and that it would make an audio feed available to the public through a media pool, providing real-time audio of oral arguments for the first time in its history. Congress has considered proposals for broadcasting Supreme Court arguments, but few have gained traction (Kal...
Tags: Featured, Supreme Court, Law, Congress, Senate, Court, House, Usa Today, Sonia Sotomayor, Congressional Research Service, Richard Wolf, Iowa Supreme Court, Mark Cady, Alito, U S Court of Appeals, Elena Kagan

Profit Disgorgement Allowed in TM Cases Without Showing Willfulness

by Dennis Crouch Romag Fasteners, Inc. v. Fossil Group, Inc. (Supreme Court 2020) The Lanham Act provides that a trademark owner can elect disgorgement of the defendant’s profits based upon “a violation under §1125(a) or (d) … or a willful violation under section 1125(c).” §1125(a) – TM infringement (likelihood of confusion) §1125(c) Dilution §1125(d) Cybersquatting 15 U.S.C. §1117(a). The statute appears to require willfulness as a prerequisite to profit disgorgement in the dilution context...
Tags: Supreme Court, Law, Patent, District Court, Alito, Sotomayor, Kagan, Federal Circuit, Dennis Crouch, Gorsuch, Romag Fasteners Inc, Thomas Cotter, Fossil Group Inc Supreme Court, Justices Breyer, Prof Cotter

"In 1972, the Supreme Court ruled that the Sixth Amendment guarantees a right to a unanimous jury – but that defendants in state trials do not have such a right."

"[Monday], by a vote of 6-3, the justices reversed course, holding that the Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts. The ruling is significant not only for the inmates who were convicted by nonunanimous juries in Louisiana and Oregon, but also for the extent to which the justices were deeply splintered as they debated whether and when to overturn longstanding precedent.... Justice Neil Gorsuch wrote for the majority, in an opinion tha...
Tags: England, Crime, Supreme Court, Law, Oregon, States, Louisiana, Blackstone, Jim Crow, Ku Klux Klan, Sonia Sotomayor, Don, John Roberts, Adam Liptak, Alito, Stephen Breyer

In lengthy split opinion (with interesting splits), Supreme Court holds Sixth Amendment applies to states to require unanimous verdict to convict of serious offense

The Supreme Court this morning handed down a lengthy (surprisingly?) split decision in Ramos v. Louisiana, No. 18–5924 (S. Ct. April 20, 2020) (available here). At issue in Ramos was a set of hlaf-century old SCOTUS precendents in which the Court had held that the Sixth Amendment right to a jury trial, as incorporated against the states, did not require states to adopt a unanimity requirement even for serious cases. Those precedents went up in smoke today, but the break down of votes shows that ...
Tags: Supreme Court, Law, Court, Louisiana, Court of Appeals, Ginsburg, Alito, Sotomayor, Kagan, Ramos, Kavanaugh, Gorsuch, Douglas A Berman, SOTOMAYOR JJ, GINSBURG BREYER, KAVANAUGH JJ

U.S. Supreme Court Confirms that States Have Sovereign Immunity from Copyright Infringement Suits–Allen v. Cooper

by guest blogger Tyler Ochoa On March 23, the U.S. Supreme Court unanimously held in Allen v. Cooper,  No. 18-877, that states have sovereign immunity from claims of copyright infringement, and that 17 U.S.C. § 511, which purports to waive that immunity, is unconstitutional. The result was not unexpected, but the unanimity was.  I previously wrote about the case at the time certiorari was granted.  In that post I wrote: “If the Justices vote along conventional political lines, one can predict a...
Tags: Florida, Supreme Court, Law, Congress, Court, Georgia, Copyright, North Carolina, Flores, Thomas, State, Anne, U S Supreme Court, Cooper, Fourth Circuit, Allen

Opinion analysis: Court upholds stop of vehicle based entirely on registered owner having revoked license

In a narrow opinion, the U.S. Supreme Court held yesterday that a Kansas police officer had reasonable suspicion to stop a vehicle about which he knew nothing more than that its registered owner had a revoked driver’s license. Justice Clarence Thomas wrote for the court in Kansas v. Glover ; Justice Elena Kagan wrote a concurrence stressing the narrowness of the decision, which was joined by Justice Ruth Bader Ginsburg. Justice Sonia Sotomayor was the lone dissenter. On April 28, 2016, Dougl...
Tags: Featured, Law, United States, Kansas, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, U S Supreme Court, Kansas Supreme Court, Glover, Sotomayor, Elena Kagan, Kagan, Clarence Thomas, Kansas Department of Revenue, Goldstein Russell

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