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Justice Ruth Bader Ginsburg, feminist pioneer and progressive icon, dies at 87

Ruth Bader Ginsburg, a trailblazer who fought for gender equality as a lawyer and became a beloved hero of the progressive movement as a justice, died on Friday of complications from pancreatic cancer. When she was confirmed to the Supreme Court in 1993, Ginsburg was a reserved and relatively unknown court of appeals judge, but during the course of her 27 years on the court she became an improbable pop-culture icon, inspiring everything from an Oscar-nominated documentary film to her own action ...
Tags: New York, Texas, Featured, Sweden, Supreme Court, Law, Obama, Congress, Washington, Senate, White House, Virginia, Russia, Court, Alabama, America


Saddened by the passing of Justice Ruth Bader Ginsburg, who gave us advisory federal sentencing guidelines

I was sad to see this news this evening: Supreme Court Justice Ruth Bader Ginsburg, a diminutive yet towering women’s rights champion who became the court’s second female justice, died Friday at her home in Washington.  She was 87.  Ginsburg died of complications from metastatic pancreatic cancer, the court said.... Chief Justice John Roberts mourned Ginsburg’s passing.  “Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague.  Today we mourn, ...
Tags: Supreme Court, Law, Washington, US, Bill Clinton, Ruth Bader Ginsburg, Booker, John Roberts, Roberts, Ginsburg, Douglas A Berman, Virginia Military Institute


Ask the author: The evasive virtues and Supreme Court confirmation hearings

The following is a series of questions posed by Ronald Collins to Ilya Shapiro concerning his forthcoming book, Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (Regnery Gateway, 2020). Ilya Shapiro is the director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute and publisher of the Cato Supreme Court Review. He is the co‐author of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014...
Tags: Featured, Supreme Court, Law, Obamacare, Obama, Congress, Washington, Senate, White House, Barack Obama, Fbi, United States, Davis, Mitch McConnell, Donald Trump, Ruth Bader Ginsburg


Empirical SCOTUS: The importance of state court cases before the Supreme Court

Supreme Court review is often thought of as mainly monitoring the federal courts and circuit splits. The reasons for this are obvious. Article III of the Constitution gives the Supreme Court broad authority to review questions of federal law, but the court’s power to supervise state courts has been limited since the Judiciary Act of 1789, which made clear that the Supreme Court cannot review state court judgments on questions of purely state law. Rule 10 of the Supreme Court Rules, which sets fo...
Tags: Featured, Mississippi, Supreme Court, Law, South Dakota, Hogan Lovells, Ford Motor, American Bar Association, Jones, Ford Motor Company, Roberts, Neal Katyal, U S Chamber of Commerce, U S Court of Appeals, Eric Miller, Espinoza


Friday round-up

Briefly: In an article published by the Foundation for Individual Rights in Education, SCOTUSblog Books Editor Ronald Collins examines the Supreme Court’s recent decision on robocalls in Barr v. American Association of Political Consultants and argues that the decision “turned the First Amendment on its head and then left it there.” Collins then describes how an amicus brief submitted by seasoned Supreme Court litigator Paul Clement offers a roadmap for resolving similar future disputes in a wa...
Tags: Supreme Court, Law, Court, Collins, Paul Clement, Round-up, John Roberts, Roberts, SMU, Kavanaugh, Barr, Bill Blum, Foundation for Individual Rights in Education, Ronald Collins, Brett Kavanaugh, National Memo


Empirical SCOTUS: If Ginsburg were to leave the court, her departure might resemble Thurgood Marshall’s

Justice Ruth Bader Ginsburg’s health is in the news again this year. She announced last month that she was being treated with chemotherapy — the fourth time since 1999 that she has battled cancer. After she was diagnosed with pancreatic cancer in 2009, she resisted pressure to retire from the Supreme Court under the Obama administration. With multiple hospital stays this year and the cancer recurrence, many question how long she will be able to stay on the court and whether her tenure will outla...
Tags: Supreme Court, Law, Obama, Senate, Barack Obama, Georgia, Reagan, Donald Trump, Ruth Bader Ginsburg, Kennedy, Trump, Marshall, Bush, Thomas, Antonin Scalia, John Roberts


Symposium: Free exercise, RFRA and the need for a constitutional safety net

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Kim Colby is director of the Christian Legal Society’s Center for Law and Religious Freedom. She was counsel on amicus briefs on behalf of the Christian Legal Society in Espinoza v. Montana Department of Revenue, Our Lady of Guadalupe School v. Morrissey-Berru, Tanzin v. Tanvir and Fulton v. City of Philadelphia. Americans’ religious freedom depends on a patchwork of protections scattered throughout fed...
Tags: Featured, Supreme Court, Law, Congress, Montana, Fbi, House Of Representatives, Bill Clinton, Philadelphia, Catholic, Smith, Fulton, The Supreme Court, Equal Employment Opportunity Commission, Roberts, Clayton County


Symposium: Religious freedom and the Roberts court’s doctrinal clean-up

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Richard W. Garnett is the Paul J. Schierl / Fort Howard Corporation professor of law at the University of Notre Dame and is the founding director of the school’s Program on Church, State and Society. He wrote or joined amicus briefs in several of the cases described below, including most recently joining an amicus brief on behalf of the petitioners in Our Lady of Guadalupe School v. Morrissey-Berru. Tho...
Tags: Featured, Supreme Court, Law, Virginia, America, Pennsylvania, Philadelphia, Smith, Morrissey, Larry David, Lemon, American Legion, Antonin Scalia, Thomas Jefferson, John Roberts, Fulton


Symposium: The unfolding revolution in the jurisprudence of the religion clauses

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Erwin Chemerinsky is the dean and Jesse H. Choper distinguished professor of law at University of California, Berkeley School of Law. Howard Gillman is the chancellor and a professor of political science and law at University of California, Irvine. Their book, “The Religion Clauses: The Case for Separating Church and State,” will be published by Oxford University Press in September. Although there were ...
Tags: Featured, Supreme Court, Law, Montana, Pennsylvania, Missouri, Philadelphia, Catholic, Smith, Ruth Bader Ginsburg, American Legion, Trump, John Roberts, Fulton, Board of Education, EEOC


Symposium: Amid polarization and chaos, the court charts a path toward peaceful pluralism

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Mark Rienzi is president of the Becket Fund for Religious Liberty, which represents parties or amici in many of the cases described below, including Bostock v. Clayton County, Little Sisters of the Poor v. Pennsylvania, Our Lady of Guadalupe School v. Morrissey-Berru, Espinoza v. Montana Department of Revenue, Fulton v. City of Philadelphia and Tanzin v. Tanvir. Rienzi is also a professor of law at the ...
Tags: Featured, Law, Congress, Montana, City, Css, Pennsylvania, Philadelphia, Catholic, Smith, Ruth Bader Ginsburg, Kennedy, Small, American Legion, Harvard Law School, Sonia Sotomayor


Symposium: Religions’ wins are losses

This is the first entry in a SCOTUSblog symposium on the Roberts court and the religion clauses. Leslie C. Griffin is the William S. Boyd professor of law at the University of Nevada, Las Vegas. She is the author of Law and Religion: Cases and Materials. She wrote amicus briefs in support of the respondents in Little Sisters of the Poor v. Pennsylvania and Our Lady of Guadalupe School v. Morrissey-Berru, and she is writing an amicus brief in support of the respondent in Fulton v. City of Philade...
Tags: Featured, Supreme Court, Law, Congress, Montana, Fbi, Pennsylvania, United States, Pakistan, Philadelphia, Catholic, Ruth Bader Ginsburg, Salvation Army, Trump, Thomas, Sonia Sotomayor


Noting some of McGirt's early and uncertain echoes

Just under a month ago, the Supreme Court, via a 5-4 vote, decided in McGirt v. Oklahoma, No. 18–9526 (S. Ct. July 9, 2020) (available here), that a huge part of the state of Oklahoma "remains an Indian reservation for purposes of federal criminal law."  The start of Chief Justice Roberts' dissent expressed concern about the potential fall-out from this ruling, and a number of recent press pieces are starting to address this story in detail.  Here is a recent round-up: From the ABA Journal, "Aft...
Tags: Supreme Court, Law, Oklahoma, Aba, Roberts, Douglas A Berman, Oklahoma AG, McGirt, McAlester News Capital Batton, Oklahoma Local, Tulsa World McGirt


Tuesday round-up

This week marks the 10-year anniversary of Justice Elena Kagan’s confirmation to the Supreme Court, and USA Today’s Richard Wolf examines the heavy influence she has had during her first decade as a justice. Kagan’s ability to find common ground with conservative justices – and to pick her battles when she dissents – has helped the court maintain “most of its luster as the least political branch of the federal government,” Wolf writes. At the same time, the political branches continue to focus o...
Tags: Supreme Court, Law, Washington Post, Nbc News, Barack Obama, Joe Biden, Indiana, Cnn, Nevada, Circuit, Usa Today, Round-up, Wolf, John Roberts, Josh Blackman, Roberts


Monday round-up

August is here and the Supreme Court is well into its summer recess, but the court has been anything but quiet. Since July 9, when the court handed down its final opinions in argued cases for the 2019-20 term, the justices have continued to issue a string of high-profile rulings in response to emergency requests in ongoing litigation. Most recently, as Amy Howe reports for SCOTUSblog (in a story first published at Howe on the Court), the court on Friday afternoon allowed the construction of Pres...
Tags: Supreme Court, Law, Washington, Idaho, New York Times, Associated Press, Nevada, Donald Trump, Ruth Bader Ginsburg, Sherman, Wall Street Journal, Securities And Exchange Commission, Round-up, Mark Sherman, National Review, John Roberts


Ask the author: Justice Oliver Wendell Holmes and “the loneliness of original work”

“[A] man of high ambitions … must face the loneliness of original work.” — Oliver Wendell Holmes, Brown University Commencement Address (1897) The following is a series of questions posed by Ronald Collins to Catharine Pierce Wells in connection with her new book, “Oliver Wendell Holmes: A Willing Servant to an Unknown God” (Cambridge University Press, 2020). Catharine Pierce Wells is a professor of law and a Law School Fund research scholar at Boston College Law School, where she teaches and wr...
Tags: Featured, Supreme Court, Law, Minneapolis, Congress, Washington, Boston, Massachusetts, Court, United States, John F Kennedy, Alps, Hitler, South, Commonwealth, Gore


Court reinstates Idaho ballot initiative rules

The Supreme Court on Thursday put on hold rulings by a federal court in Idaho that had relaxed the state’s rules for ballot initiatives for the November 2020 election. The Supreme Court’s order, which drew a sharp dissent from Justice Sonia Sotomayor, was the latest in a series of disputes arising from the COVID-19 pandemic to reach the justices, who have now on several occasions signaled that federal courts should not alter rules relating to an election even to accommodate concerns arising from...
Tags: New York, Featured, Supreme Court, Law, Alabama, Idaho, Ruth Bader Ginsburg, Republican National Committee, Sonia Sotomayor, John Roberts, 9th Circuit, Roberts, Howe, U S Court of Appeals, Ninth Circuit, Sotomayor


Thursday round-up

Justice Ruth Bader Ginsburg underwent a minimally invasive medical procedure, and the Trump administration asked the Supreme Court to allow it to continue using federal funds to build its border wall. Those were the two main stories from the court on Wednesday, and Amy Howe has the details on both of them. Ginsburg was back in the hospital for a common, non-surgical procedure to revise a bile duct stent that was originally placed last year, and she expects to be released from the hospital by the...
Tags: Supreme Court, Law, Cnn, Nevada, Oklahoma, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, Trump, Round-up, John Roberts, Josh Blackman, Vance, Roberts, Howe, Ginsburg


“A scalpel rather than a bulldozer”: Severability is in the spotlight as the newest ACA challenge looms

Abbe R. Gluck is a professor of law and faculty director of the Solomon Center for Health Law and Policy at Yale Law School. What is the Supreme Court to do with the rest of a statute when it finds one provision unconstitutional? That is the question a long-out-of-the-limelight doctrine — the “severability doctrine” — tries to answer. Should the court hold only the one provision invalid and leave the rest of the statute intact? Should it invalidate provisions especially linked to the offending o...
Tags: Texas, Featured, Supreme Court, Law, Obama, Congress, California, House, House Of Representatives, Medicare, Department Of Justice, Doj, ACA, Alaska Airlines, Thomas, Brock


Tuesday round-up

CNN’s Joan Biskupic has the scoop of the day (and perhaps the term) with Part 1 and Part 2 of a series that provides “exclusive new details about how the court handled its pivotal term that dealt with LGBTQ rights, abortion and investigating President Donald Trump.” The first two parts, based largely on interviews with unnamed sources, contain several revelations about Chief Justice John Roberts’ behind-the-scenes maneuvering as well as the complex internal wrangling that led to the Supreme Cour...
Tags: John Lewis, Supreme Court, Law, Court, Cnn, New York Times, Donald Trump, Maui, Round-up, Lewis, John Roberts, Roberts, Shelby County, McConnell, Holder, Jonathan Adler


Monday round-up

The Supreme Court’s Friday night decision to deny emergency relief to a Nevada church that challenged the state’s coronavirus restrictions generated strong reactions over the weekend. In a story for SCOTUSblog (which was first published at Howe on the Court), Amy Howe explains the church’s challenge to a state policy that limits church gatherings to 50 people while allowing other facilities – including bars and casinos – to operate at 50% of their capacity. Chief Justice John Roberts sided with ...
Tags: Supreme Court, Law, Congress, California, Court, Comcast, Npr, Nevada, Oklahoma, Round-up, John Roberts, Roberts, Howe, Jess Bravin, Nina Totenberg, Clayton County


Justices decline to intervene in dispute over Nevada COVID-19 restrictions

A divided Supreme Court on Friday night turned down a request by a Nevada church for permission to hold services on the same terms that other facilities in the state, including casinos, are allowed to hold gatherings during the COVID-19 pandemic. Chief Justice John Roberts joined the court’s more liberal justices in denying the plea from Calvary Chapel Dayton Valley, a Christian church located about 15 miles outside the state’s capital, Carson City. The ruling drew sharp dissents from the court’...
Tags: Featured, Supreme Court, Law, California, Las Vegas, Nevada, John Roberts, Carson City, Roberts, Howe, Alito, Calvary, Clarence Thomas, Samuel Alito, Kavanaugh, Caesars Palace


Empirical SCOTUS: Justices’ separate opinions suggest high polarization outside the regular merits docket

Over the past five Supreme Court terms, the justices have issued 157 separate “opinions relating to orders.” These orders, which are issued without oral arguments and without full merits consideration, typically fall into three categories: denials of cert petitions, rulings on emergency requests for relief in pending cases, and summary reversals of lower court decisions. We do not necessarily know all of the justices’ votes on these orders – only the ones the justices choose to make public throu...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Chevron, Rogers, Stuart, Thomas, Sonia Sotomayor, John Roberts, Murphy, Roberts, Arthur, Dunn, Alito, COLLIER


Invisible majorities: Counting to nine votes in per curiam cases

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the co-author of “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know.” When the Supreme Court issues a signed opinion, each of the nine justices will indicate their position: affirm, reverse or recuse. But not all opinions are signed. The court sometimes issues unsigned per curiam decisions – so named after the Latin phrase meaning “by the court.” In such cases, the just...
Tags: Florida, Featured, Supreme Court, Law, Congress, Colorado, California, Washington, Sharp, Oklahoma, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, John Roberts, Josh Blackman, Creek Nation


John Roberts: Mr. First Amendment

Ronald Collins is the books editor for SCOTUSblog. He is the co-founder and co-chair of the First Amendment Salons and was formerly the Harold S. Shefelman scholar at the University of Washington School of Law. David Hudson, Jr. is an assistant professor of law at Belmont University. He is the author, co-author or co-editor of numerous books, and he has published widely on First Amendment issues. “I would never underestimate his ability to influence people.” – Joan Biskupic, discussing her book ...
Tags: Featured, Supreme Court, Law, Colorado, Massachusetts, Court, United States, Citizens United, Quinn, Price, Madison, Kennedy, Trump, Marshall, Thomas, Reed


Monday round-up

The Supreme Court begins its second week of summer recess as court watchers continue to absorb the news on Friday that Justice Ruth Bader Ginsburg has a recurrence of cancer. Politico’s Josh Gerstein reports that Ginsburg’s announcement renews focus on a lack of transparency around the justices’ health, with critics saying the public is entitled to more information. CNN’s Dan Berman notes that gemcitabine – the chemotherapy drug that Ginsburg began on May 19 – “is a standard chemotherapy treatme...
Tags: Florida, Supreme Court, Law, Washington Post, White House, Politico, Cnn, Idaho, New York Times, Usa Today, Donald Trump, Ruth Bader Ginsburg, Maui, Marcus, Trump, Lewis


Roberts OKs request for Trump v. Vance ruling to take effect immediately

Chief Justice John Roberts on Friday granted a request from a New York district attorney to accelerate the date on which the Supreme Court’s ruling on access to the president’s financial records will officially go into effect. The court did not act on similar requests from the House of Representatives. The ruling does not mean that the Manhattan grand jury – on whose behalf the district attorney served a subpoena seeking the documents – will automatically receive the documents, but it allows a f...
Tags: New York, Featured, Supreme Court, Law, Manhattan, Trump, Cyrus Vance, John Roberts, Vance, Roberts, Howe, Merits Cases


Friday round-up

The first week of the court’s summer recess has been a busy one, and the flurry of major time-sensitive rulings continued on Thursday. Shortly before 3 a.m., the justices issued a series of orders allowing the federal government to carry out its second execution this week. About 12 hours later, the justices rejected a request by Florida voters to reinstate a lower-court ruling that would have made it easier for people with felony convictions to vote. Amy Howe, in a story for SCOTUSblog that was ...
Tags: Florida, Supreme Court, Law, Washington Post, Court, Npr, Economist, Round-up, Lazarus, Sonia Sotomayor, U S Supreme Court, John Roberts, Mark Joseph Stern, Roberts, Howe, Nina Totenberg


Thursday round-up

For the second time this week, the Supreme Court issued a 5-4 decision in the middle of the night allowing the federal government to proceed with the execution of a person on death row. Mark Berman and Tim Elfrink of the Washington Post report that the court’s ruling, which cleared the way for the execution of Wesley Purkey, was posted after 3 a.m. on Thursday. The decision comes two days after the court issued a 5-4 ruling at 2 a.m. on Tuesday allowing the execution of Daniel Lee. The Lee execu...
Tags: Supreme Court, Law, Washington Post, Washington, Bloomberg, Indianapolis, Cnn, Pennsylvania, Fox News, Npr, Ruth Bader Ginsburg, Baltimore, Trump, Round-up, Peter, Lee


Tuesday round-up

The ink is still drying on the Supreme Court’s opinions for the 2019-20 term, but court watchers are already looking ahead to the cases that will open next term. The court on Monday released its calendar of oral arguments for its October sitting, which will consist of 10 cases that initially had been scheduled for this spring but were postponed due to the COVID-19 pandemic. Amy Howe provides a run-down of all 10 cases in a story that first appeared at Howe on the Court. The October schedule indi...
Tags: Texas, Supreme Court, Law, Obamacare, California, Bloomberg, Atlantic, Pennsylvania, King, Round-up, Noah Feldman, John Roberts, Roberts, Howe, John Marshall, Barr


Monday round-up

With the Supreme Court now in summer recess, court watchers and commentators continue to analyze the major decisions the court handed down last week — as well as review the extraordinary 2019-20 term as a whole. At SCOTUSblog, legal experts of various ideological persuasions delve into the two rulings on President Trump’s financial records in our symposium on Trump v. Vance and Trump v. Mazars USA. And in our Final Stat Pack, Adam Feldman breaks down the 2019-20 term using statistical analysis. ...
Tags: New York, Supreme Court, Law, Congress, Washington Post, Atlantic, Pennsylvania, Williams, New York Times, Oklahoma, Donald Trump, Wall Street Journal, Trump, Round-up, John Roberts, Vance



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