Posts filtered by tags: Ruth Bader Ginsburg[x]


Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty

With a three-justice plurality opinion, a two-justice concurrence in the judgment and two dissents, Washington State Department of Licensing v. Cougar Den appears unusually fractured at first glance. But the disagreements among seven of the justices are relatively small, turning largely on whether and why Washington’s motor-fuel tax really burdens the Yakama treaty right to travel. Only the dissent by Justice Brett Kavanaugh, joined by Justice Clarence Thomas, indicates a fundamental disagreemen...
Tags: Featured, Supreme Court, Law, Washington, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas

Argument analysis: Justices grapple with meaning of final decision made after a hearing

In Monday’s oral argument in Smith v. Berryhill, the justices confronted a split among the courts of appeals as to whether an SSI disability claimant can obtain judicial review of the Social Security Appeals Council’s dismissal of his appeal as untimely under 42 U.S.C. sec. 405(g). Section 405(g) provides that “[a]ny individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, … may obtain review of such decision by a civil action.” ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Commission, Smith, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, U S Court of Appeals, Sotomayor, Kimberly

Women Lawyers ‘Speak Up’ On RBG’s Birthday

We can’t think of a better way to have celebrate RBG’s birthday. Can you?
Tags: Law, Women's Issues, Ruth Bader Ginsburg, Biglaw, In-House Counsel, Conferences / Symposia, Ms. JD, RBG, Kerriann Stout

We Have An Amal Clooney Story — See Also

HERE'S SOMETHING TANGENTIALLY RELATED TO AMAL CLOONEY: Everybody is going to read it. IT'S RUTH BADER GINSBURG'S BIRTHDAY: Let's plank. IT'S RUTH BADER GINSBURG'S BIRTHDAY AND PEOPLE ARE AWFUL: She's the target of anti-Semitism, again. LAWSUIT WITH THE BEST CHANCE OF LANDING TRUMP IN A DEPOSITION: The Summer Zervos defamation lawsuit against Donald Trump is still a go. WHY IS THE COLLEGE BRIBERY SCANDAL BEING HANDLED BY BOSTON? The guy who flipped to expose the scam is not wicked smart.
Tags: Law, Boston, Donald Trump, Ruth Bader Ginsburg, Clooney, Zervos, See Also, Amal Clooney Story

‘Plank Like RBG’: A Fun Way To Celebrate Ruth Bader Ginsburg’s Birthday

Wishing Justice Ruth Bader Ginsburg the happiest of birthdays!
Tags: Fitness, Law, Courts, Birthdays, Ruth Bader Ginsburg, RBG, Planking, Judicial Birthdays, The Outrage

Case study on the Ginsburg conspiracy theories in action

#WheresRuth. Even as the answer – working from home while recovering from cancer surgery – was covered by journalists and confirmed by the Supreme Court itself, this hashtag and similar ones populated Twitter in January and February. False allegations about Justice Ruth Bader Ginsburg’s status ranged from standard political rumors (e.g., that she planned to announce her retirement soon) to massive conspiracy theories (e.g., that she was in a medically induced coma or that her death was being hid...
Tags: Post, Featured, Nbc, Supreme Court, Law, Washington Post, Washington, Fox News, Ruth Bader Ginsburg, Collins, ABA Journal, Woods, James Woods, Miller, Ruth, Ginsberg

Ruth Bader Ginsburg Is Target Of Anti-Semitic Graffiti

A swastika was scrawled over her face, and the incident is being investigated as a hate crime.
Tags: Law, Courts, Anti-semitism, Ruth Bader Ginsburg, Hate Crimes

Morning Docket: 03.15.19

* "This is not a normal vote. This will be a vote about the very nature of our constitution and the separation of powers." The Senate voted to reject President Trump's declaration of the national emergency, with 12 Republicans joining with their Democratic colleagues. Now, we'll wait for the reality TV spectacular that will be the president's first veto. [Washington Post] * A poster of Justice Ruth Bader Ginsburg was the target of anti-Semitic graffiti in New York. The NYPD’s Hate Crimes Task F...
Tags: Law, Congress, Washington Post, Senate, Copyright, New York Times, House Of Representatives, Deaths, Department Of Justice, Title IX, Donald Trump, Nirvana, Marc Jacobs, Ruth Bader Ginsburg, Justice Department, Kurt Cobain

Friday round-up

Briefly: At (subscription or registration required), Tony Mauro reports that “[a] gathering to celebrate U.S. Supreme Court Justice Ruth Bader Ginsburg’s 86th birthday Friday afternoon won’t be an ordinary event”: “500 of her enthusiastic followers have decided to follow her lead of physical fitness by dropping to the ground and planking in front of the Supreme Court.” At, David Ogden weighs in on Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory cha...
Tags: Mississippi, Supreme Court, Law, Kentucky, Flowers, Ruth Bader Ginsburg, American Legion, Round-up, U S Supreme Court, Linda Greenhouse, Goldstein Russell, American Humanist Association, Tony Mauro, DAVID OGDEN, Batson

A massive victory for fair use in the longrunning Dr Seuss vs Star Trek parody lawsuit

Back in 2016, the Dr Seuss estate won a preliminary court action against "Oh, The Places You'll Boldly Go!" a crowdfunded parody of Dr Seuss's "Oh the Places You'll Go!" and Star Trek, written by veteran Star Trek creator David "Tribble" Gerrold and illustrated by the comics giant Ty Templeton. In 2017, Comicmix, the publisher, secured a partial legal victory, but the Seuss estate wasn't done -- they have been litigating ever since, but now it appears the fight is done, and Comicmix has pr...
Tags: Google, Post, Happy Mutants, Science Fiction, Copyfight, News, Supreme Court, Law, Parody, Star Trek, Fair Use, Ruth Bader Ginsburg, Oracle, Timothy Geigner, Kirk, Mattel Inc

SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg

Empirical SCOTUS: Who’s in the majority?

Although few people ever have the opportunity of sitting on the Supreme Court, some similarities exist between this upper echelon of judging and other jobs. One parallel has to do with job satisfaction. Judges who make it all the way to the Supreme Court should feel accomplished and contented because of their achievements, but there also must be at least a continuum of job satisfaction among the justices. That is not to say that any justice necessarily dislikes the job, just that they may not en...
Tags: Supreme Court, Law, Austin, Ruth Bader Ginsburg, Kennedy, Douglas, Thomas, Antonin Scalia, John Roberts, Fisher, Roberts, William Rehnquist, Clarence Thomas, Burwell, Anthony Kennedy, William Douglas

Morning Docket: 03.06.19

* Happy birthday, Your Honor! More than a thousand of Ruth Bader Ginsburg's fans signed up to plank on the steps of the Supreme Court for her 86th birthday on March 15. Do you love the RBG enough to plank for justice? [Washingtonian] * Allison Jones Rushing, a Williams & Connolly litigation partner, was confirmed to the Fourth Circuit in a vote of 53-43. Rushing is now one of the youngest federal appeals judges to be appointed by President Trump. [National Law Journal] * According to a new pol...
Tags: Supreme Court, Law, Congress, California, Kanye West, Student Loans, Donald Trump, Ruth Bader Ginsburg, Law Schools, American Bar Association, Cnbc, Trump, Insider Trading, Cohen, Fourth Circuit, Michael Cohen

Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding a patent case to its docket for next term and declining to review two related cases involving public funding of religious institutions. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Jurist, Erin McCarthy Holliday covers the patent case, Iancu v. NantKwest, which asks whether a federal law allowing a patent applicant to seek review of a patent denial in district court but re...
Tags: Supreme Court, Law, Washington Post, Wall Street, Court, Bloomberg, Ap, Cnn, House, New York Times, New Jersey, Ruth Bader Ginsburg, Los Angeles Times, Round-up, Thomas, Copyright Office

Opinion analysis: The doctrine that dare not speak its name

A laid-off railroad worker goes head to head with the world’s fourth-largest publicly traded corporation over a $3,765 payment that — the worker says — is owed to him because the corporation’s negligence caused him to fall through a snow-covered drainage grate and suffer a severe knee injury. The Trump administration backs the corporation, while a trial lawyers’ group with close ties to the Democratic Party comes in to support the worker. The Supreme Court sides with the corporation, but only ov...
Tags: Featured, Supreme Court, Law, Congress, United States, Social Security, Wisconsin, Berkshire Hathaway, Warren Buffett, Ruth Bader Ginsburg, Chevron, Justice Department, Irs, National Labor Relations Board, Bnsf, Trump

A “view” from the courtroom: Third Mondays

The title above is not a new Supreme Court podcast, to replace the recently shelved “First Mondays” (which we hold out hope will be unshelved someday). No, it refers to days like today, when the court meets on a Monday after hearing two weeks of arguments to issue orders and opinions. Such days often get a bit less attention than argument days, or opinion days later in the term when bigger decisions tend to be announced. But they have their charms. Today we will have three opinions from the benc...
Tags: England, Featured, Supreme Court, Law, Congress, Washington, Nasa, United States, Cbs, Mars, Ruth Bader Ginsburg, Oracle, Mother Teresa, Copyright Office, John Roberts, Sally

Opinion analysis: A copyright owner can’t sue for infringement before the Register has processed its copyright registration application

In Fourth Estate Public Benefit Corporation v., a unanimous court held today that although the copyright statute confers exclusive rights upon the author of a work as soon as the work is created, a copyright owner may not file an infringement suit until the Register of Copyrights has acted on the owner’s application to register the copyright in the work. The result turned on the meaning of the phrase “registration of the copyright claim has been made” in Section 411(a) of the sta...
Tags: Featured, Supreme Court, Law, Congress, Wall Street, United States, Ruth Bader Ginsburg, Copyright Office, Ginsburg, U S Court of Appeals, Fourth Estate, Merits Cases, Courts of Appeals, Register, Fourth Estate Public Benefit Corporation, Moreover Congress

Friday round-up

At Take Care, Nelson Tebbe and Micah Schwartzman worry that “some liberal justices might refuse to call out th[e] egregious violation of Establishment Clause principles in The American Legion v. American Humanist Association, a challenge to a World War I memorial shaped like a cross on public property, “[i]n an effort to gain concessions or to limit the possible damage that this case might do to decades of Establishment Clause precedent.” Additional commentary comes from Andrew Seidel at Rewire....
Tags: Justice, Supreme Court, Law, Congress, Oregon, Politico, Court, Alabama, Los Angeles, Bloomberg, United States, Idaho, Ford, Liberty, Ruth Bader Ginsburg, Madison

Thursday round-up

Amy Howe covers yesterday’s oral argument in The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property, for this blog, in a post that first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the court “seemed ready … to allow a 40-foot cross honoring soldiers who died in World War I to remain in place on public land in Maryland.” For , Jess Bravin reports that the “justice...
Tags: Usa, Maryland, Supreme Court, Law, Washington Post, Washington, India, Alabama, America, Bloomberg, Cnn, Atlantic, United States, Idaho, New York Times, Houston

Argument analysis: Justices skeptical of government’s claim that pretrial imprisonment tolls a term of federal supervised release

At Tuesday’s oral argument in Mont v. United States, the justices considered whether a term of federal supervised release is tolled, or put on hold, when someone on supervised release is held in pretrial detention on a new criminal charge. In analyzing this question, the justices focused on the text of 18 U.S.C. § 3624(e), which provides that supervised release does not run “during any period in which the person is imprisoned in connection with a conviction for a Federal, State, or local crime u...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Malone, Alito, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Samuel Alito, Federal State

Argument analysis: Court poised to rule for challenger in dispute over constitutionality of sex-offender law

This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return to prison for at least five years – and possibly for the rest of their lives – if a judge finds that they have committed certain crimes. The defendant in the case, an Oklahoma man who served time for possessing child pornography and was then sent back to prison after he violated the terms of his supervised release, argues that the law violate...
Tags: Featured, Supreme Court, Law, Congress, United States, Oklahoma, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Howe, Ginsburg, Sotomayor, Elena Kagan, Kagan, Samuel Alito, Kavanaugh

Tuesday round-up

This morning the justices will hear oral argument in two criminal cases, both involving federal supervised release. First up is United States v. Haymond, a constitutional challenge to a statutory provision that requires judges to impose additional prison time on sex offenders who violate the terms of their supervised release. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Matt Farnum and Trevor O’Bryan preview the case for Cornell Law School’s Legal Information Inst...
Tags: Supreme Court, Law, California, Washington Post, Ap, United States, New York Times, Fox News, Jackson, Ruth Bader Ginsburg, Wall Street Journal, Cornell, Hyatt, American Legion, Round-up, National Review

Argument analysis: No clear resolution on whether First Amendment applies to public-access channels

The Supreme Court heard oral argument today in a case involving whether a private nonprofit corporation that runs a public-access TV channel is a “state actor,” who can be sued for violations of the First Amendment. After roughly an hour of debate, there was no clear winner in the case: The justices who spoke appeared to be divided, and two justices – Clarence Thomas and Neil Gorsuch – asked no questions at all. The events leading up to today’s case began back in 2012, when DeeDee Halleck, an aw...
Tags: Facebook, New York, Featured, Supreme Court, Law, Youtube, Manhattan, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Hughes, Howe, Ginsburg, U S Court of Appeals, Stephen Breyer, Breyer

Ruth Bader Ginsburg’s Epic Oscar Night Shout Out By The Mother Of Dragons

Hollywood's biggest night had something for legal nerds too.
Tags: Hollywood, Movies, Law, Game Of Thrones, Oscars, Ruth Bader Ginsburg, Quote Of The Day, Dragons

Empirical SCOTUS: Amid record-breaking consensus, the justices’ divisions still run deep

How divided is the current Supreme Court? On the surface the answer appears mixed. Much conversation over the past several years surrounding the court’s decisions has had to do with partisan and ideological divisions among the justices. These divisions and the court’s rightward shift appear a reality as of the court’s conservative wing in ideologically divided 5-4 decisions from last term. These divisions do not necessarily define the court, however. Along with clear divisions, the Supreme Cou...
Tags: Supreme Court, Law, Kentucky, Donald Trump, Ruth Bader Ginsburg, United, White, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, William Rehnquist, Sotomayor

Friday round-up

At The Economist’s Democracy in America blog, Steven Mazie covers the court’s decision Tuesday in Timbs v. Indiana, in which the justices ruled unanimously “that the constitution protects people accused of crimes from having outlandish sums seized by city or state authorities.” Subscript Law offers a graphic explainer for the decision. At Bloomberg Law, Jordan Rubin and Kimberly Robinson report that in separate concurrences, Justices Clarence Thomas and Neil Gorsuch supported “incorporating the ...
Tags: Supreme Court, Law, Indiana, New York Times, Cosby, Ruth Bader Ginsburg, Wall Street Journal, Round-up, Thomas, Maui Hawaii, Sullivan, McKee, Steven Mazie, Clarence Thomas, Heritage Foundation, Mark Walsh

RBG’s Words Are A Literal Work Of Art

A true legal fan is going to snap this up.
Tags: Art, Supreme Court, Law, Courts, Ruth Bader Ginsburg, Biglaw, RBG

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy

The second and last argument of the week came in the Supreme Court’s most important bankruptcy case of the year, Mission Product Holdings Inc. v. Tempnology, LLC. The case presents a problem that has confused lower courts for more than 30 years: What happens when a debtor exercises its statutory right to reject a contract in bankruptcy? It is plain from the language of the statute that the debtor’s rejection should be treated as a “breach” of the contract, and that the counterparty can sue the b...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, U S Court of Appeals, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, 7th Circuit, Samuel Alito, Sunbeam, 4th Circuit

Ruth Bader Ginsburg Is Back To Work And Better Than Ever

RBG wrote the opinion in a civil asset forfeiture case.
Tags: Law, Courts, Ruth Bader Ginsburg, Quote Of The Day, Civil Asset Forfeiture, RBG

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