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Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito


Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond

Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. At the granular level, the case, Azar v. Allina Health Services, concerns whether the Department of Health and Human Services was permitted to change, without notice and comment, an important reimbursement formula for hospitals that treat many low-income patients. That question alone determines the fate of $3 to $4 billion. But the stakes are higher because the case requires...
Tags: Featured, Supreme Court, Law, Congress, Medicare, Ruth Bader Ginsburg, National Labor Relations Board, Shah, Thomas, Sonia Sotomayor, APA, HHS, D C Circuit, Department of Health and Human Services, Sotomayor, Bowen


Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents

Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed, I doubt the court has r...
Tags: Featured, Supreme `` Court, Law, Congress, United States, Ruth Bader Ginsburg, Thomas, Henry Schein, John Roberts, Ginsburg, Kavanaugh, INS, Oliveira, Gorsuch, Merits Cases, Chadha


Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases

The week’s second argument, Rimini Street v. Oracle USA, has the justices considering the scope of fees available to a prevailing party in litigation under the federal Copyright Act. Sitting for the second week without Justice Ruth Bader Ginsburg, the bench was remarkably quiescent. To the extent the justices evinced any strong interest in the case, they seemed skeptical about allowing broad fee awards. The case calls for a reading of Section 505 of the Copyright Act, which defines the recove...
Tags: Featured, Law, Congress, Court, Ruth Bader Ginsburg, Paul Clement, Sonia Sotomayor, John Roberts, Perry, Roberts, Sotomayor, Elena Kagan, Kagan, RIMINI, Clement, Mark Perry




Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters


Rejected: The Supreme Court Justice Who Didn’t Want Ruth Bader Ginsburg As A Clerk

See, missing out on a Supreme Court clerkship isn't the end of your career.
Tags: Supreme Court, Law, Courts, Ruth Bader Ginsburg, Supreme Court Justice, Trivia Question of the Day


Rejected: The Supreme Court Justice That Didn’t Want Ruth Bader Ginsburg As A Clerk

See, missing out on a Supreme Court clerkship isn't the end of your career.
Tags: Supreme Court, Law, Courts, Ruth Bader Ginsburg, Trivia Question of the Day


Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton


Book review: “Ruth Bader Ginsburg”: The evolution of a justice

One might think that the market for treatments of the life and legacy of Justice Ruth Bader Ginsburg would be saturated by now. The past three years alone have seen the release of a carefully curated collection of the justice’s writings, “My Own Words,” a surprise hit documentary about her life and career, “RBG,” and a recent feature film, “On the Basis of Sex,” which focuses on the first sex-discrimination case Ginsburg argued in federal court. Now comes “Ruth Bader Ginsburg: A Life,” by Jane...
Tags: Featured, Sweden, Supreme Court, Law, Virginia, Book Reviews, Brooklyn, United States, Aclu, Bill Clinton, Naacp, Ruth Bader Ginsburg, Columbia Law School, Harvard Law School, Senate Judiciary Committee, American Civil Liberties Union


Friday round-up

Briefly: Joan Biskupic reports at CNN that “Justice Ruth Bader Ginsburg’s cancer surgery and ongoing recuperation have cast an atmosphere of uncertainty over the Supreme Court at a critical time for its future and as the legal fate of several controversial White House policies hang in the balance.” At the Goldwater Institute’s In Defense of Liberty blog, Jacob Huebert urges the justices to hear a challenge to an Illinois campaign-finance law and to “and make clear that governments cannot use co...
Tags: Supreme Court, Law, White House, Cnn, Illinois, Ruth Bader Ginsburg, Round-up, Adam Feldman, Heritage Foundation, Kavanaugh, Brunetti, Goldwater Institute, Joan Biskupic, Iancu, RBG, Elizabeth Slattery


Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt

Federal courts aficionados have been looking forward to the oral argument in Franchise Tax Board of California v. Hyatt, and the event did not disappoint. The question was whether to overrule the decades-old precedent Nevada v. Hall, which held that states lack sovereign immunity in one another’s courts. The argument largely broke down according to familiar ideological lines, but the discussion still had verve and creativity, in part thanks to the performances of veteran advocates Seth Waxman an...
Tags: Featured, Supreme Court, Law, California, Nevada, Ruth Bader Ginsburg, Hall, Hyatt, Sachs, Sonia Sotomayor, John Roberts, Waxman, Alito, William Rehnquist, Sotomayor, Stephen Breyer


A “view” from the courtroom: Comity Central

This term of the court has had plenty of arguably boring cases on statutory interpretation, pre-emption and procedure. But every now and then a low-key case comes along that results in an argument amounting to a heady constitutional seminar. Today’s lone case for argument, Franchise Tax Board of California v. Hyatt, will be one of those. Seth P. Waxman for petitioner (Art Lien) When the court takes the bench, Justice Ruth Bader Ginsburg is again absent as she recuperates from her recent lu...
Tags: New York, Featured, Maryland, Supreme Court, Law, California, Georgia, United States, Hawaii, Social Security, Broadway, Nevada, University Of California Berkeley, Social Security Administration, Ruth Bader Ginsburg, Hall


Argument analysis: Searching for the least unnatural reading

The second argument on Monday was in Obduskey v. McCarthy Holthus LLP, a case about whether law firms that handle nonjudicial foreclosures are “debt collectors” within the meaning of the Fair Debt Collection Practices Act. If the argument clarified anything, it’s that the FDCPA is a messy statute. This case arises from a crowded corner of consumer law involving significant state and federal regulations that do not always play well together. Colorado foreclosure law requires a firm initiating a n...
Tags: Featured, Law, Congress, Colorado, United States, Ruth Bader Ginsburg, Bond, Mccarthy, Wells Fargo, Fdcpa, Sonia Sotomayor, John Roberts, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Justice Ruth Bader Ginsburg Misses 3 Days On The Bench, But This Isn’t A Big Deal

Other justices have missed MUCH more work than this.
Tags: Supreme Court, Law, Courts, Ruth Bader Ginsburg


Argument analysis: Justices wade deep into the copyright weeds

Tuesday’s argument in Fourth Estate v. Wall-Street.com featured competing interpretations of the phrase “registration of the copyright claim has been made” in 17 U.S.C.§ 411(a), which requires copyright registration as a prerequisite for filing an infringement suit. Because much of the argument focused on niceties of textual interpretation, I’ll quote the language of the relevant subsection: [N]o civil action for infringement of the copyright in any United States work shall be instituted until p...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Copyright Office, Sonia Sotomayor, John Roberts, Ellis, U S Court of Appeals, Elena Kagan, Kagan, Kavanaugh, 11th Circuit, Fourth Estate


Morning Docket: 01.09.19

* In case you missed President Trump's wall speech, he stopped short of declaring a national emergency at the border (lost that bet), instead referring to the situation as a "growing humanitarian crisis" -- a "manufactured" one, per Senate Minority Leader Chuck Schumer. [USA Today] * Remember the contempt order against a state-owned foreign corporation that Chief Justice Roberts stayed in the Mueller probe? The Supreme Court restored it, and that company filed for cert under seal. Suspense! [Na...
Tags: Supreme Court, Law, Government, Senate, Marijuana, Usa Today, Donald Trump, Abc News, Ruth Bader Ginsburg, Government Shutdown, Law Schools, Biglaw, Health & Wellness, Trump, Hill, Roberts


Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest. Gregory Ablavsky previewed the case for this blog. Cecilia Bruni and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. At Bloomberg Law, Jordan Rubin reports that this is “the third high court clash this term asking the justices to parse an old treaty’s modern e...
Tags: Supreme Court, Law, Ap, United States, Wyoming, Missouri, House Of Representatives, Davis, Sudan, Usa Today, Donald Trump, Ruth Bader Ginsburg, Doj, The Washington Post, Cornell, Trump


"It Might Be Time to Start Fireproofing the Reichstag/Ruth Bader Ginsburg's absence signals our last line of defense is in peril."

Writes Charles P. Pierce in Esquire.It's time for everyone to start getting used to the fact that, unless some massive legal apocalypse intervenes, the president is going to get at least one more nominee for the United States Supreme Court and that, barring a sudden desire to keep the republic from turning entirely to guacamole, the Senate is going to rubber-stamp Justice Wingnut McWingnutty onto the Court for the next 40 years.....[And Trump] has announced that he will give a Big Boy speech on ...
Tags: Law, Senate, Ruth Bader Ginsburg, Trump, Ginsburg, Pierce, United States Supreme Court, Charles P. Pierce, Ann Althouse, Trump and immigration, Trump and the judiciary, Wingnut McWingnutty


And… We’re Back At Full Strength — See Also

SADLY, RUTH BADER GINSBURG IS NOT: But there's nothing to worry about... I pray directly to God now. A DEPARTURE MEMO FROM A CONTRACT ATTORNEY: You don't see this everyday. Which is kind of wrong, when you think about it. SOME CLARIFICATION ON SOTOMAYOR'S INFLUENCE ON OCASIO-CORTEZ: Red hot progress right here. TRUMPY LAW CLERK ATTACKS SCHOOL OVER PRO-BONO CELEBRATION: It feels redundant to mention that he's a University of Chicago alum. SPEAKING OF FEDERAL CLERKS: Should judges adopt a "Roo...
Tags: Law, University Of Chicago, Ruth Bader Ginsburg, Sotomayor, See Also, Ocasio Cortez


Attention RBG Fans: Banana Republic Is Re-Issuing Its Original Dissent Collar

Resist, persist, and prove that the future is female with RBG's fierce dissent collar.
Tags: Fashion, Law, Courts, Ruth Bader Ginsburg, Banana Republic, The Jabot, Dissent collar


The justices return, without Ginsburg or any new grants (Updated)

[Editor’s Note: This post was updated to cover the four cases in which the Supreme Court asked the U.S. solicitor general to file briefs.] The justices returned to the bench today for the first arguments of the new year. Justice Ruth Bader Ginsburg, who had surgery on December 21 to remove two cancerous growths from her lungs, was not on the bench this morning; a court spokeswoman indicated that she would still participate in today’s cases based on the briefs and transcripts. The justices issued...
Tags: Texas, Featured, Supreme Court, Law, Virginia, New York City, Court, Georgia, Indiana, United States, Citigroup, Argentina, Ohio, Atkins, Lgbtq, Ruth Bader Ginsburg


"Justice Ruth Bader Ginsburg will not be on the bench Monday when the Supreme Court hears oral arguments, the first time in her career she has missed a session."

Writes Robert Barnes at WaPo.“As long as I can do the job full steam, I will do it,” Ginsburg said last year. She has hired law clerks through the 2020 term.From the comments at WaPo: "11 more months until an election year, where we cannot replace Justices. Hang in there Ruth!" [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Ruth, Robert Barnes, Ginsburg, WaPo, Ann Althouse


Ruth Bader Ginsburg To Miss Oral Arguments For The First Time

She's recovering, she's reading, don't freak out.
Tags: Supreme Court, Law, Courts, Ruth Bader Ginsburg, First Time


Monday round-up

This morning the Supreme Court kicks off the January argument session with oral arguments in two cases. The first is Merck Sharp & Dohme v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs. Elizabeth McCuskey previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview for Cornell Law School’s Legal Information Institute. The second case today is Obduskey v....
Tags: Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Massachusetts, Bloomberg, Gop, Wyoming, North Carolina, Ruth Bader Ginsburg, Justice Department, Cornell, Trump, Round-up


Thursday round-up

Briefly: For the ABA Journal, Mark Walsh previews Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing, noting that “[o]ne thing seems clear: Some 85 years after the 21st Amendment was ratified, lower courts are still eager to get further guidance from the Supreme Court.” In an op-ed for The New York Times, Linda Greenhouse takes issue with Justice Clarence Thomas’ increasingly influential argument that, by re...
Tags: Supreme Court, Law, Obama, Tennessee, Donald Trump, Ruth Bader Ginsburg, ABA Journal, Round-up, Blair, Richardson, Ginsburg, Gilbert Sullivan, James Madison, Clarence Thomas, Mark Walsh, Anthony Kennedy


Wednesday round-up

On Monday evening, Chief Justice John Roberts released his year-end report on the federal judiciary. Amy Howe writes for this blog that the report “focus[ed] on the judiciary’s response to allegations of sexual misconduct in the workplace.” At Law.com, Tony Mauro notes that “[i]t was the second annual report in which Roberts discussed the need for the judiciary to take steps to end sexual harassment in the workplace and to make it easier for court employees to report improper conduct without run...
Tags: Supreme Court, Law, Fox News, Ruth Bader Ginsburg, Economist, American Legion, Trump, Round-up, U S Supreme Court, John Roberts, Hill, Roberts, Jess Bravin, Lydia Wheeler, Steven Mazie, Amy Howe


SCOTUS Map: December 2018

Civility and collegiality continued to be a theme in the Supreme Court justices’ appearances this month. On a December 7 visit to Duquesne University, Justice Sonia Sotomayor recounted a conversation about civility with the other justices. Previous justices were at times openly hostile to one another, and the court’s current era of collegiality is perhaps more of an exception than the rule. According to Sotomayor, retired Justice Sandra Day O’Connor was in large part responsible for this chang...
Tags: Hollywood, Featured, Nbc, Supreme Court, Law, Congress, Washington, America, Cnn, United States, Netherlands, Npr, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Variety


Ruth Bader Ginsburg Released From Hospital

She's home resting after her cancer scare.
Tags: Supreme Court, Law, Courts, Ruth Bader Ginsburg



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