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Posts filtered by tags: Samuel Alito[x]


 

Selective originalism and selective textualism: How the Roberts court decimated the Voting Rights Act

This article is part of a symposium on the court’s decision in Brnovich v. Democratic National Committee. David H. Gans is the director of the Human Rights, Civil Rights & Citizenship Program at the Constitutional Accountability Center. The Roberts court continues to issue rulings that harm our democracy. On Thursday, it once again struck a savage blow to our nation’s best frontline defense against racial voter suppression.  The Voting Rights Act — the crown jewel of the civil rights movement t...
Tags: John Lewis, Featured, Supreme Court, Law, Congress, United States, States, Roberts, Alito, Democratic National Committee, Shelby County, Holder, Elena Kagan, Samuel Alito, Human Rights Civil Rights Citizenship Program, Brnovich


The Supreme Court gets it right on Section 2

This article is the final entry in a symposium on the court’s decision in Brnovich v. Democratic National Committee. Hans von Spakovsky is a senior legal fellow and manager of the Election Law Reform Initiative at The Heritage Foundation. He is former career counsel to the assistant attorney general for civil rights at the U.S. Department of Justice. The Supreme Court’s 6-3 decision in Brnovich v. Democratic National Committee is not only the correct result under the applicable law – Section 2 ...
Tags: Featured, Supreme Court, Law, Congress, Senate, Dnc, House, Arizona, Vra, State, Sonia Sotomayor, Alito, Democratic National Committee, Shelby County, Stephen Breyer, Elena Kagan


Brnovich, election-law tradeoffs, and the limited role of the courts

This article is part of a symposium on the court’s decision in Brnovich v. Democratic National Committee. Derek T. Muller is the Bouma fellow in law and professor of law at the University of Iowa College of Law. Arizona “generally makes it quite easy for residents to vote.” This framing from Justice Samuel Alito in Brnovich v. Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws. It marks a major victory for states...
Tags: Texas, Featured, Supreme Court, Law, Congress, Indiana, Pennsylvania, Arizona, Republican National Committee, Section, Crawford, Democratic National Committee, Shelby County, Holder, Samuel Alito, Common Cause


In Barrett’s first term, conservative majority is dominant but divided

At the conclusion of Justice Amy Coney Barrett’s first term, the Supreme Court’s six-justice conservative majority is grappling with its newfound control. A split developing among its members is complicating the conservative revolution some predicted after Barrett’s confirmation last October. But with no anticipation of a Republican-appointed justice retiring anytime soon, and a blockbuster docket next term featuring clashes over abortion and gun rights, the contours of the court’s rightward sh...
Tags: New York, Featured, Mississippi, Supreme Court, Law, California, Joe Biden, Harvard, Philadelphia, Smith, Ruth Bader Ginsburg, Thomas, Democratic, Sonia Sotomayor, John Roberts, Roberts


Court releases names of law clerks for 2021-22 term

As the justices ended their business for the 2020-21 term and began their summer recess on Friday, the court announced the names of the law clerks slated to work for each justice next term. Here are the clerks for the 2021-22 term, which will begin in October. Chief Justice John Roberts: Samuel Adkission Christina Gay Maxwell Gottschall Dennis Howe Justice Clarence Thomas: Christopher Goodnow Steven Lindsay Michael Proctor Jose Valle Justice Stephen Breyer: Elizabeth Deutsch Erika Hoglun...
Tags: Law, Kennedy, Sonia Sotomayor, John Roberts, Stephen Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, What's Happening Now, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Elizabeth Nielson


Divided court invalidates California donor-disclosure rules

This article was updated on July 1 at 6 p.m. The Supreme Court on Thursday struck down California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The 6-3 ruling in Americans for Prosperity Foundation v. Bonta was a major victory for the two nonprofit challengers, which had argued that the rule violates the First Amendment by deterring their donors from making contributions. In a ...
Tags: Featured, Supreme Court, Law, California, Irs, Charles Koch, Sonia Sotomayor, John Roberts, 9th Circuit, Roberts, Howe, U S Court of Appeals, Sotomayor, Stephen Breyer, Clarence Thomas, Samuel Alito


Court upholds Arizona voting restrictions, limits cases under Voting Rights Act

This article was updated on July 1 at 5:45 p.m. On the last day before its summer recess, the Supreme Court issued a major decision on voting rights that will make it more difficult to contest election regulations under the Voting Rights Act. By a vote of 6-3, the justices upheld two Arizona voting provisions that Democrats and civil rights groups challenged as disproportionately burdening minority voters. In an opinion by Justice Samuel Alito, the majority outlined what it described as “guidep...
Tags: Featured, Supreme Court, Law, Congress, Court, America, United States, Arizona, State, 9th Circuit, Howe, Alito, Democratic National Committee, U S Court of Appeals, Shelby County, Holder


Justices uphold a narrow version of patent assignor estoppel

The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. But the court also rejected lower courts’ broad applications of the doctrine. The court instead clarified that assignor estoppel applies only when “the assignor’s claim of invalidity contradicts explicit or im...
Tags: England, Supreme Court, Law, Congress, Alito, Westinghouse, Barrett, Minerva, Kagan, Samuel Alito, Hologic Inc, Hologic, Merits Cases, Mark Lemley, Elana Kagan, Neil Gorsuch


Bond eligibility for certain noncitizens divides court along ideological lines

Congress provided that noncitizens who have been removed from the country but are found back in the United States should be expeditiously removed again. The second deportation occurs through a reinstatement of the first removal order, normally without further hearing, procedure or review. A narrow exception allows people in that situation to apply for “withholding” relief, which does not render the noncitizen any less deportable or otherwise give them the right to remain in the U.S. However, it...
Tags: Featured, Law, Congress, United States, Johnson, Thomas, Sonia Sotomayor, Alito, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, Board of Immigration Appeals, Merits Cases, Brett Kavanaugh


Justices uphold but narrow patent assignor estoppel

The Supreme Court on Tuesday issued its opinion in Minerva Surgical Inc. v. Hologic Inc. The case sought to abolish the doctrine of patent assignor estoppel, which prohibits an inventor from challenging the validity of the patent on the inventor’s own invention. The court ruled 5-4 to uphold but narrow the doctrine. Justice Elena Kagan wrote the opinion for the court. Justice Samuel Alito filed a dissenting opinion. Justice Amy Coney Barrett also filed a dissenting opinion, in which Justices Cl...
Tags: Featured, Supreme Court, Law, Congress, Alito, Barrett, Minerva, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, Hologic Inc, U S Court of Appeals for the Federal Circuit, Hologic, Merits Cases, Neil Gorsuch


Justices won’t intervene in dispute over transgender rights and bathrooms

The Supreme Court said Monday it will not take up a dispute over whether transgender students must be allowed to use restrooms that match their gender identities. The justices also added a First Amendment case and an immigration case to their docket for next term, and they ordered a lower court to take a closer look at a wrongful-death lawsuit by the parents of a man who died after police officers pinned him to the ground while he was handcuffed. Those items and others were part of a busy Monda...
Tags: Featured, Supreme Court, Law, Montana, Washington, Virginia, Massachusetts, Iraq, India, Court, San Francisco, Georgia, Indiana, Austin, United States, Wyoming


Justices argue over text (and ceviche) in ruling that Alaska Native corporations are “Indian tribes”

The Supreme Court on Friday ruled that Alaska Native corporations constitute “Indian tribes” under the Indian Self-Determination and Education Assistance Act, making them eligible for $500 million in federal coronavirus relief. Though the court focused almost exclusively on the statutory text, the decision will likely have broader implications for Alaska Natives. The case, Yellen v. Confederated Tribes of the Chehalis Reservation, centered on the 2020 CARES Act, which set aside $8 billion in ...
Tags: Featured, Supreme Court, Law, United States, Alaska, Yellen, Sonia Sotomayor, John Roberts, Treasury Department, Mark Bittman, Native, Sotomayor, Elena Kagan, Samuel Alito, Alaska Native, Gorsuch


Justices side with Alaska Native corporations in dispute over COVID aid

Alaska Native corporations are eligible for about $500 million in COVID-19 relief money that Congress earmarked for Native American tribes, the Supreme Court ruled Friday. Justice Sonia Sotomayor wrote the opinion in Yellen v. Confederated Tribes of the Chehalis Reservation. The case required the court to decide whether Alaska Native corporations are “Indian tribes” for the purpose of the 2020 CARES Act. Those corporations are Native-owned companies that Congress created in 1971 to resolve land...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Treasury, Yellen, Sonia Sotomayor, John Roberts, ANC, Treasury Department, Native, Sotomayor, Elena Kagan, Bureau of Indian Affairs


No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

In Borden v. United States, the Supreme Court analyzed the Armed Career Criminal Act’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. In a decision on June 10, five justices agreed that a recklessness crime does not count as...
Tags: Law, Congress, United States, Johnson, Thomas, John Roberts, Borden, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, United States the Supreme Court, ACCA, Ashcroft


Court declines to endorse warrantless entries in all “hot pursuits” for misdemeanors

The Supreme Court ruled on Wednesday that when police are pursuing someone for a misdemeanor, that pursuit does not automatically create the kind of emergency that allows the officer to follow the suspect into a home without a warrant. The court acknowledged that many cases will involve such emergencies – but that determination, Justice Elena Kagan stressed in her opinion for the court, will depend on the facts of each case. The decision came in the case of Arthur Lange, a California man conv...
Tags: Featured, Supreme Court, Law, California, Sonoma, Lange, John Roberts, Roberts, Howe, Elena Kagan, Kagan, Samuel Alito, Merits Cases, Weikert, Arthur Lange, Aaron Weikert


Despite constitutional violation, court rejects broad relief for shareholders of mortgage giants

The Supreme Court on Wednesday had mostly bad news for shareholders of mortgage giants Fannie Mae and Freddie Mac in their lawsuit seeking to unwind a 2012 agreement that required the companies to transfer profits to the federal government. The justices unanimously agreed that one of the shareholders’ claims could not go forward. And although the court agreed, by a vote of 7-2, that the structure of the federal agency that regulates Fannie and Freddie is at least in part unconstitutional, ...
Tags: Featured, Supreme Court, Law, Congress, Senate, White House, Joe Biden, Treasury, Collins, Yellen, Sonia Sotomayor, Freddie Mac, Treasury Department, Alito, CFPB, Sotomayor


Justices curb securities-fraud class actions, albeit gently

The Supreme Court’s Monday decision in Goldman Sachs Group v. Arkansas Teacher Retirement System will not be remembered as one of the court’s seminal securities cases. Indeed, it might not even change the result in the case before it. But it does provide another chapter in the court’s continuing efforts to tighten the standards by which the lower courts evaluate securities-fraud class actions. The case involves the process by which investors that think they are the victims of securities fraud t...
Tags: Featured, Supreme Court, Law, Arkansas, Goldman Sachs, Halliburton, Goldman, Levinson, Alito, Barrett, U S Court of Appeals, Sotomayor, Goldman Sachs Group, 7th Circuit, Clarence Thomas, Samuel Alito


Justices send securities class action against Goldman Sachs back to lower court

The Supreme Court on Monday sent a shareholder class-action lawsuit against Goldman Sachs back to a lower court for a closer look at whether alleged misstatements by the bank were too general to have affected its stock price. In its opinion in Goldman Sachs Group v. Arkansas Teacher Retirement System, the court held that defendants in securities cases can rebut the presumption that class-based adjudication is appropriate by showing that the challenged statements were so generic that they would ...
Tags: Featured, Supreme Court, Law, Arkansas, Goldman Sachs, Sonia Sotomayor, Goldman Sachs Group, Clarence Thomas, Samuel Alito, Goldstein Russell, Gorsuch, Merits Cases, Neil Gorsuch, Amy Coney Barrett


Protecting free exercise under Smith and after Smith

This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia. Thomas C. Berg is the James L. Oberstar professor of law and public policy at the University of St. Thomas (Minnesota). Douglas Laycock is the Robert E. Scott distinguished professor of law at the University of Virginia.  Fulton v. Philadelphia is an important win for religious liberty. Philadelphia may not terminate its foster-care services contract with Catholic Social Services on the ground that CS...
Tags: Featured, Law, Congress, Css, United States, Philadelphia, Smith, Boy Scouts Of America, Gillette, Fulton, Dale, Barrett, Clarence Thomas, Samuel Alito, Kavanaugh, Catholic Social Services


From the court, a vindication of faith-based service. From Alito, a blueprint for the future.

This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia. Andrea Picciotti-Bayer is the director of the Conscience Project and previously was the legal adviser to the Catholic Association. Anti-Catholic bigotry is not a thing of the past. When the city of Philadelphia severed ties with Catholic Social Services, a church-run foster-care program, it was the equivalent of hanging a “Catholics Need Not Apply” sign outside of its Department of Human Services. Cit...
Tags: Featured, Supreme Court, Law, America, Css, United States, New York Times, Catholic Church, Philadelphia, Catholic, Biden, Smith, John Roberts, Fulton, American Civil Liberties Union, Hill




Court holds that city’s refusal to make referrals to faith-based agency violates Constitution

This article was updated on June 17 at 6:52 p.m. In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday that Philadelphia violated the First Amendment’s free exercise clause when the city stopped working with a Catholic organization that refused to certify same-sex couples as potential foster parents. The ruling was a victory for Catholic Social Services, an organization associated with the Archdiocese of Philadelphia, and two foster...
Tags: Featured, Supreme Court, Law, Css, Philadelphia, Catholic, Smith, Thomas, Department of Human Services, John Roberts, Roberts, Howe, Alito, Barrett, Breyer, Samuel Alito


Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

This article was updated on June 17 at 7:15 p.m. The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based companies, Nestle and Cargill, facilitated human-rights abuses on cocoa plantations in the Ivory Coast. By a vote of 8-1, the justices ruled that the lawsuit cannot go forward because it is based on conduct that occurred overseas. Although the decision was obviously a victory for the two companies, it was not the sweeping one that the business community had sought. The...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Mali, Ivory Coast, Cargill, Nestle, Thomas, John Roberts, 9th Circuit, The Supreme Court, Howe, Alito


Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump


Less travel, plenty of royalties for justices in 2020

The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosures, which the Administrative Office of the U.S. Courts released (and Fix the Court posted online) on Friday. Unlike in previous years, the justices mostly stayed close to home, with only two justices reporting reimbursements for trips after the pandemic hit in mid-March. The financial disclosures, which are released every year around this time, are relatively opaque. For example, they...
Tags: Florida, New York, Featured, Supreme Court, Law, Colorado, Washington, New York City, Court, Indiana, University of Florida, Peter Pan, Princeton University Press, Penguin Random House, Caribbean, George Washington University


Affirmation of inherent tribal power to police blurs civil and criminal Indian law tests

On Tuesday in United States v. Cooley, the Supreme Court upheld a power that tribal governments have long assumed they possessed as a basic necessity of ensuring public safety. The court held that tribal governments — and thus their police officers — retain the power to temporarily stop, and if necessary, search non-Indians traveling on public rights-of-way (highways) through reservations for suspected violations of federal or state laws. The unanimous opinion was authored by Justice Stephen Br...
Tags: Law, Congress, Montana, United States, Shirley, Reina, 9th Circuit, The Supreme Court, U S Court of Appeals, Stephen Breyer, Breyer, Samuel Alito, Kavanaugh, Cooley, Oliphant, Merits Cases


Diverse six-justice majority rejects broad reading of computer-fraud law

The Supreme Court’s decision on Thursday in Van Buren v. United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years. Among other things, the CFAA criminalizes conduct that “exceeds authorized access” of a compute...
Tags: Featured, Supreme Court, Law, Georgia, United States, Department Of Justice, John Roberts, The Supreme Court, Van Buren, Barrett, Elena Kagan, Clarence Thomas, Samuel Alito, CFAA, Merits Cases, Brett Kavanaugh


Justices narrow federal computer-fraud statute

The Supreme Court on Thursday rejected the government’s broad interpretation of a federal law that makes it a crime to “exceed authorized access” on a computer. By a vote of 6-3 with an ideologically scrambled line-up, the court overturned the conviction of a Georgia police officer who searched an official police database for personal purposes. Justice Amy Coney Barrett wrote the majority opinion. The case, Van Buren v. United States, was the Supreme Court’s first serious look at the Computer F...
Tags: Featured, Supreme Court, Law, Georgia, United States, John Roberts, Van Buren, Barrett, Elena Kagan, Clarence Thomas, Samuel Alito, Merits Cases, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Neil Gorsuch Brett Kavanaugh, Nathan Van Buren


Court unanimously holds that Indian tribes retain the inherent power to police non-Indians

In its first major opinion on the scope of American Indian tribes’ sovereign powers in decades, the Supreme court held on Tuesday in United States v. Cooley that tribal governments — and thus their police officers — have the power to search and temporarily detain non-Indians suspected of breaking federal or state laws within reservations. Justice Stephen Breyer wrote the opinion for the court. Justice Samuel Alito filed a brief concurrence noting that he views the holding as a limited one. The ...
Tags: Featured, Law, Montana, United States, Stephen Breyer, Breyer, Samuel Alito, Cooley, Merits Cases, Joshua James Cooley


Justices to tackle copyright dispute next term

The Supreme Court on Tuesday agreed to hear a copyright clash over a fashion design and declined to revisit the authority of police officers to enter homes without a warrant. In an order list from the justices’ May 27 private conference, the justices added just one new case to their docket for next term: Unicolors, Inc. v. H&M Hennes & Mauritz, in which the justices agreed to weigh in on a technical question of copyright law and procedure arising from a dispute between a Los Angeles fabric desi...
Tags: Featured, Supreme Court, Law, Los Angeles, Iowa, Johnson, Rhode Island, Sanders, Johnson Johnson, Howe, U S Court of Appeals, Hennes Mauritz, Samuel Alito, Kavanaugh, Goldstein Russell, 8th Circuit



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