Society


Posts filtered by tags: Merits Cases[x]


 

Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. Booking.com sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark


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


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


Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals


Opinion analysis: Court confirms limitations on federal review for asylum seekers

In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal allows an immigration official to make the immediate decision to deport a person without a hearing if the person is apprehended within 100 miles of a border and if they cannot prove they have liv...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Court, Afghanistan, United States, Cuba, Ruth Bader Ginsburg, Sri Lanka, Executive Branch, Thomas, Sonia Sotomayor, 9th Circuit, Alito


Opinion analysis: Justices accept, but cabin, SEC’s right to disgorgement in securities litigation

The decision this morning in Liu v. Securities and Exchange Commission struck a middle ground, rejecting the broad argument that the SEC could never obtain disgorgement of profits from unlawful activity in securities litigation, but sharply cutting back the remedy as the SEC has envisioned it in recent years. As securities cases go, the issue in the case was simple, involving the scope of relief in SEC enforcement actions brought in federal court, as opposed to agency administrative proceedings....
Tags: Featured, Supreme Court, Law, Treasury, SEC, Securities And Exchange Commission, Sonia Sotomayor, Liu, Sotomayor, Clarence Thomas, Merits Cases, Charles Liu, Xin Wang


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


Opinion analysis: Appalachian Trail no barrier for major gas pipeline

In one of the major environmental cases of the term, the Supreme Court ruled 7-2 this week that the U.S. Forest Service could permit the Atlantic Coast Pipeline to cross underneath the Appalachian Trail in Virginia’s George Washington National Forest. The ruling in the consolidated cases U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association lifts one major obstacle to the 600-mile pipeline, which could carry ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, West Virginia, Circuit, North Carolina, Ruth Bader Ginsburg, East Coast, Forest Service, Duke Energy, Trail, National Park Service, Midwest, Thomas


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


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


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


Opinion analysis: Justices reject limitations on enforcement of arbitration agreements by nonsignatory businesses

GE Energy Power Conversion France SAS v Outokumpu Stainless USA is a bit different from the typical Supreme Court arbitration case. Most of those cases involve a predispute arbitration agreement between a consumer and a business, in which a lower court has found some reason to allow the consumer to evade arbitration and the Supreme Court considers whether the Federal Arbitration Act justifies compelling arbitration. This case, by contrast, involves a dispute between two businesses over an intern...
Tags: Featured, Supreme Court, Law, France, Alabama, United States, Ruth Bader Ginsburg, General Electric, Thomas, Sonia Sotomayor, John Roberts, Clarence Thomas, GE France, Outokumpu, Merits Cases, GE Energy Power Conversion France SAS


Opinion analysis: Supreme Court protects defined-benefit plan fiduciaries from lawsuits

In a 5-4 decision, the Supreme Court held in Thole v. U.S. Bank that participants and beneficiaries in defined-benefit plans do not have the legal right, known as standing, to assert fiduciary breach claims, at least in the absence of catastrophic plan and sponsor failure. James Thole and Sherry Smith, retirees from U.S. Bank, alleged that plan fiduciaries breached their duties of loyalty and care, which caused the plan to lose more than $748 million. After the district court held that Thole and...
Tags: Featured, Supreme Court, Law, Labor, Smith, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, U S Bank, ERISA, U S Court of Appeals, Elena Kagan, Department of Labor, Sandra Day O'Connor, Gorsuch


Opinion analysis: Federal courts can review factual findings of a Convention Against Torture claim raised as a defense to crime-based removal

In a narrow, textualist decision, the Supreme Court today agreed with Nidal Khalid Nasrallah that a federal court of appeals has jurisdiction to review, albeit deferentially, the factual basis of the Board of Immigration Appeals’ denial of his claim that he qualifies for protection under the Convention Against Torture. Nasrallah sought the United States’ protection under CAT, which prohibits removal of a noncitizen to a country where the noncitizen likely would be tortured. An immigration judge ...
Tags: Featured, Supreme Court, Law, Congress, United States, Thomas, John Roberts, Alito, U S Court of Appeals, Nasrallah, Clarence Thomas, Samuel Alito, Kavanaugh, INS, 11th Circuit, United Nations Convention Against Torture


Opinion analysis: After a long wait, a unanimous court upholds Puerto Rico oversight board

In 2016, Congress passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). The law created a seven-member board tasked with bringing financial stability back to the island. But when the board began proceedings in federal court to restructure Puerto Rico’s massive debt, a hedge fund that had invested in distressed Puerto Rico bonds and a local labor union went to court to challenge the method by which the board’s members had been appointed. They argued that under the Co...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Court, United States, District Of Columbia, Puerto Rico, Thomas, Sonia Sotomayor, Howe, Federal Election Commission, Sotomayor, Stephen Breyer


Opinion analysis: Unanimous ruling for plaintiffs on punitive damages for embassy bombings

It has been over two decades since al Qaeda operatives detonated bombs outside the U.S. embassies in Kenya and Tanzania, killing over 200 people and injuring thousands more. The victims and their family members later filed a lawsuit in federal court in Washington, D.C., seeking to hold Sudan responsible for its role in providing support for al Qaeda. The trial court awarded them billions of dollars, but a federal appeals court cut that award in half. It ruled that the plaintiffs could not recove...
Tags: Featured, Supreme Court, Law, Congress, Washington, Sudan, Kenya, Tanzania, Howe, Merits Cases, Brett Kavanaugh, Neil Gorsuch, FSIA


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: McGirt v. Oklahoma Our Lady of Guadalupe School v. Morrissey-Berru Trump v. Mazars and Trump v. Vance Chiafalo v. Washington and Colorado Department of State v. Baca The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Washington, Trump, BACA, Oyez, Merits Cases, McGirt, Mazars, Colorado Department of State, Oklahoma Our Lady of Guadalupe School, Morrissey Berru Trump, Vance Chiafalo


Opinion analysis: Court unanimously reverses 2nd Circuit on “defense preclusion,” but on very narrow grounds

This morning the Supreme Court reversed the U.S. Court of Appeals for the 2nd Circuit’s decision in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., holding that Lucky Brand is not precluded from raising a defense that could have been raised in a previous lawsuit between the same parties. In a unanimous opinion written by Justice Sonia Sotomayor, the court explained that “defense preclusion” is inapplicable in this case because the two lawsuits do not share the same claim to relief. A...
Tags: Featured, Supreme Court, Law, Lucky Brand, Sonia Sotomayor, U S Court of Appeals, Elena Kagan, Marcel, 2nd Circuit, Merits Cases, Lucky Brand Dungarees Inc, Lucky Brand Dungarees, Marcel Fashions Group, Marcel Fashions Group Inc


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: For the second time in two terms, justices consider reservation status of eastern Oklahoma

McGirt v. Oklahoma asks whether the eastern half of Oklahoma is an Indian reservation, exempt in important ways from the control of state and local authorities. It would be the most populous reservation in the United States, and it would include the state’s second largest city, Tulsa, as well as many other predominantly non-Indian communities in the area. Among other things, reservation status would require federal (rather than state) prosecution of major crimes involving Indians, and thus would...
Tags: Featured, Supreme Court, Law, Congress, United States, Arkansas, Sharp, Nebraska, Oklahoma, United, Thomas, Sonia Sotomayor, Parker, John Roberts, Tulsa, Creek Nation


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


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: U.S. Patent and Trademark Office v. Booking.com USAID v. Alliance for Open Society International Little Sister of the Poor v. Pennsylvania Barr v. American Association of Political Consultants The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Usaid, Alliance, U S Patent and Trademark Office, Oyez, Merits Cases, American Association of Political Consultants, Pennsylvania Barr


Opinion analysis: Lawyers should lawyer, judges should judge – The court remands Sineneng-Smith

The Supreme Court today resolved United States v. Sineneng-Smith without reaching the merits of the underlying First Amendment question, instead holding that the U.S. Court of Appeals for the 9th Circuit improperly injected the issue into the case. The court sent the case back for reconsideration based on the claims of the parties. Evelyn Sineneng-Smith had been convicted of violating 8 U.S.C. § 1324(a)(1)(A)(4), which prohibits “inducing or encouraging” unauthorized immigration. She charged non...
Tags: Featured, Supreme Court, Law, United States, Ruth Bader Ginsburg, Thomas, 9th Circuit, Ginsburg, U S Court of Appeals, Clarence Thomas, Stephen Williams, 8th Circuit, Merits Cases, Greenlaw, Sineneng Smith, Evelyn Sineneng Smith


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


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 preview: Justices to weigh constitutionality of “faithless elector” laws

2016 Electoral College map Voters in the United States do not directly elect the president and the vice president. Instead, the Constitution instructs the states to appoint “electors,” who vote for the president and vice president. In Washington and Colorado, along with almost all other states, the electors are appointed from the same political party as the ticket that won the statewide popular vote, and they meet in early December to cast their ballots. Next week the Supreme Court will consid...
Tags: Featured, Minnesota, Supreme Court, Law, Congress, Colorado, Washington, Hillary Clinton, United States, House Of Representatives, Ohio, Tim Kaine, Donald Trump, Bernie Sanders, Hamilton, Clinton


Argument analysis: Justices debate constitutionality of funding condition by phone

In 2013, the Supreme Court ruled, by a vote of 6-2, that a provision in a federal law that requires organizations receiving funds to combat HIV/AIDS to “have a policy explicitly opposing prostitution and sex trafficking” violates the First Amendment when applied to nongovernmental organizations based in the United States. This morning the justices heard oral argument in a case asking them to decide whether the enforcement of the same provision against the foreign affiliates of U.S.-based NGOs al...
Tags: Featured, Supreme Court, Law, Congress, India, United States, Ngos, World Health Organization, Ruth Bader Ginsburg, NGO, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Roberts, Howe



Filters
show more filters
May - 2020
MoTuWeThFrSaSu
    123
45678910
11121314151617
18192021222324
25262728293031
June - 2020
MoTuWeThFrSaSu
1234567
891011121314
15161718192021
22232425262728
2930     
July - 2020
MoTuWeThFrSaSu
  12345
6789101112
13141516171819
20212223242526
2728293031