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Statements from Supreme Court justices on the death of Justice Ginsburg (updated)

The eight members of the Supreme Court, along with retired Justices Anthony Kennedy and David Souter, released on Saturday addressing the death of Justice Ruth Bader Ginsburg. The full text of their remarks is below the jump: Chief Justice John Roberts: Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute ...
Tags: London, Featured, Supreme Court, Law, Virginia, Court, America, God, Ruth Bader Ginsburg, Ruth, Sonia Sotomayor, Mary, John Roberts, D C Circuit, Ginsburg, Marty


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


Trump releases new list of potential Supreme Court nominees

With just under two months remaining before the 2020 presidential election, President Donald Trump on Wednesday released a new list of potential Supreme Court nominees – his fourth such list since 2016. The announcement of the new list fulfilled a promise that the president made in a tweet in June, when Trump pledged not only to publish a “new list of Conservative Supreme Court Justice nominees” but also to fill any future vacancies on the court from that list. In a news conference at the White ...
Tags: Texas, Featured, Supreme Court, Law, Obama, Washington, Mexico, White House, Lgbt, Court, United States, Ronald Reagan, Department Of Justice, Donald Trump, George W Bush, Paul Clement


Wednesday round-up

The federal government is scheduled to proceed Wednesday with the execution of Lezmond Mitchell after the Supreme Court, on Tuesday night, denied two emergency requests from Mitchell to halt the execution. Amy Howe reports for SCOTUSblog (in a story first published at Howe on the Court) that the execution will make Mitchell “the fourth federal inmate executed this year after nearly two decades in which the federal government did not carry out the death penalty.” Also on Tuesday, the court declin...
Tags: Supreme Court, Law, Montana, Court, Barack Obama, Cnn, United States, Green Party, Smith, Department Of Homeland Security, Ross, Mitchell, Round-up, Atlantic Ocean, Reuters, Howe


Justices appoint Utah law professor to defend structure of Federal Housing Finance Agency

The Supreme Court on Monday appointed Aaron Nielson, a professor at Brigham Young University’s J. Reuben Clark Law School, as a “friend of the court” in Collins v. Mnuchin, in which the justices are likely to hear argument this fall. Nielson, an expert on administrative law, will defend the constitutionality of the structure of the Federal Housing Finance Agency after the federal government declined to do so. The case is a dispute between shareholders of Fannie Mae and Freddie Mac and the FHFA, ...
Tags: Utah, Featured, Supreme Court, Law, Washington, Treasury, Collins, Paul Clement, Kirkland Ellis, Freddie Mac, Brigham Young University, Howe, Alito, U S Court of Appeals, Elena Kagan, Consumer Financial Protection Bureau


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


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


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


Symposium: On Trump tax returns, the latest battles may be over, but the war rages on

John Malcolm is vice president of the Institute for Constitutional Government at The Heritage Foundation. President Donald Trump is one step closer to having to disclose his financial records. But, as Yogi Berra said, “It ain’t over till it’s over.” The fight will go on, and the ultimate issue — will Trump have to disclose and, if so, to whom — will likely not be resolved until after the November election. First, some background. During his presidential run, Trump broke with precedent and refuse...
Tags: Featured, Supreme Court, Law, Congress, California, Court, United States, House, Bill Clinton, Party, Donald Trump, George W Bush, Irs, Jones, Clinton, Trump


Final Stat Pack for October Term 2019

A Supreme Court term unlike any other has finally come to an end. In March, some observers thought the term would end early after the court shut its doors and postponed oral arguments — the first time since the 1919 Spanish Flu outbreak that the court closed due to a pandemic. Instead, the term lasted longer than usual, extending well into July for the first time in decades. And in May, the court heard remote arguments over the telephone with a public live audio feed for the first time ever. Tho...
Tags: Featured, Supreme Court, Law, Pennsylvania, United States, Williams, Johnson, Donald Trump, Morrissey, Kennedy, Trump, Thomas, Peter, Sonia Sotomayor, John Roberts, Vance


Symposium: Channeling an old chief to reject a new immunity

Toby J. Heytens is solicitor general and Martine Cicconi is deputy solicitor general of the Commonwealth of Virginia, which filed an amicus brief on behalf of 15 states and the District of Columbia in support of the respondent in Trump v. Vance. Writing for the Supreme Court in Trump v. Vance, Chief Justice John Roberts began with a history lesson. “In the summer of 1807,” he narrated, “all eyes were on Richmond, Virginia,” where “Aaron Burr, the former Vice President, was on trial for treason.”...
Tags: New York, Featured, Law, Congress, Virginia, Manhattan, Department Of Justice, District Of Columbia, Donald Trump, Trump, Marshall, Thomas, State, Thomas Jefferson, John Roberts, Vance


Opinion analysis: Disputes over Trump financial records to continue

This morning the Supreme Court issued its long-awaited rulings in the battle over efforts to obtain financial records belonging to President Donald Trump. By a vote of 7-2, the justices sent a pair of cases challenging congressional subpoenas for the records back to the lower courts for another look, holding that subpoenas involving the president must be subject to a tougher standard than the courts had applied. In a third case, in which the president challenged a subpoena by a Manhattan distric...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, House, House Of Representatives, Manhattan, Deutsche Bank, Donald Trump, Trump, Cyrus Vance, Thomas, John Roberts, Vance


Thomas & Alito Retirement Hoopla Canceled Now That Gorsuch & Kavanaugh Are Cucks

Trump's recent appointments weren't willing to burn constitutional law to the ground to help Trump and that rankles the older conservatives.
Tags: Supreme Court, Law, Courts, Trump, Thomas, Alito, Clarence Thomas, Samuel Alito, Kavanaugh, Gorsuch, Brett Kavanaugh, Neil Gorsuch


Opinion analysis: Court rules that Catholic elementary school teachers are “ministers,” cannot sue for employment discrimination

In 2012, the Supreme Court ruled that a doctrine known as the “ministerial exception,” which bars ministers from suing churches and other religious institutions for employment discrimination, prohibited a lawsuit filed by a teacher at a Lutheran school who was also an ordained minister. Today, by a vote of 7-2, the court held in Our Lady of Guadalupe School v. Morrissey-Berru that the exception also forecloses lawsuits by two teachers at Catholic elementary schools in southern California. Althou...
Tags: Featured, Supreme Court, Law, California, Los Angeles, Css, United States, Philadelphia, Catholic, Jesus Christ, Sonia Sotomayor, Fulton, 9th Circuit, The Supreme Court, Torrance, Howe


Opinion analysis: Court rejects challenge to exemptions from birth-control mandate

The Affordable Care Act’s birth-control mandate requires most 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 to allow private employers with religious or moral objections to opt out of providing coverage without any notice. Today, by a vote of 7-2, the Supreme Court in Little Sisters of the Poor v. Pennsylvania rejected a chall...
Tags: Featured, Supreme Court, Law, Obama, Congress, Court, Pennsylvania, United States, New Jersey, Fda, Catholic, Ruth Bader Ginsburg, ACA, Trump, Thomas, Sonia Sotomayor


Empirical SCOTUS: Precedent: Which justices practice what they preach

Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to precedent in her dissent from last term’s decision in Knick v. Township of Scott, which overturned the court’s precedent on the issue of eminent domain in the state law context in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City: “[I]t promotes the evenhanded, predictable, and...
Tags: Texas, Supreme Court, Law, Court, United States, Louisiana, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, Wade, John Roberts, Lawrence, Scalia, Roberts, Gamble


Opinion analysis: Fractured court rules in favor of political consultants in First Amendment challenge to federal robocall law but keeps robocall ban in place

On Monday, in a fractured set of opinions, the Supreme Court ruled in favor of an association of political consultants challenging the Telephone Consumer Protection Act of 1991. That statute bans robocalls to cellphones. In 2015 Congress added an exception to permit robocalls collecting government-backed debts. In Barr v. American Association of Political Consultants, the court decided that the 2015 exception violates the First Amendment’s speech clause. The consultants won the constitutional ar...
Tags: Featured, Supreme Court, Law, Congress, Town, Thomas, Reed, Sonia Sotomayor, John Roberts, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, TCPA


Dare criminal justice reformers imagine SCOTUS without both Justice Alito and Justice Thomas?

Because there are no more juicy criminal law or sentencing cases left on the SCOTUS docket as an unusual Term winds down, I cannot help but spend time speculating about the future of the Court.  In an election year, of course, that includes imagining who might be appointed (and might be doing the appointing) for the next four years.  But this recent Fox News piece, headlined "Supreme Court rumor: Hugh Hewitt claims Alito retirement being floated," has me eager to imagine some SCOTUS transitions ...
Tags: Supreme Court, Law, Washington Post, Senate, White House, Conservative, Joe Biden, Gop, Fox News, Costa, Trump, Thomas, Hewitt, John Roberts, Hugh Hewitt, Pence


Symposium: A takedown of the Blaine Amendments

James Hirsen is an attorney, author, commentator and former professor at Trinity Law School. He filed an amicus brief on behalf of the Justice and Freedom Fund, Institute for Faith and Family and North Carolina School Choice in support of the petitioners in Espinoza v. Montana Department of Revenue. The Supreme Court’s decision in Espinoza v. Montana Department of Revenue will shape how the First Amendment’s religion clauses apply to state and local restrictions on how public money is spent. In ...
Tags: Featured, Justice, Supreme Court, Law, Montana, United States, Missouri, House, Catholic, State, John Roberts, Roberts, Alito, Blaine, Montana Department of Revenue, Elena Kagan


Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg


Clarence Thomas AND Samuel Alito Mulling Retirement According Conservative Wishcasters

Here we go again with the retirement rumors.
Tags: Supreme Court, Law, Courts, Clarence Thomas, Samuel Alito


Symposium: How to count to one

John Knepper is a private attorney based in Cheyenne, Wyoming. He previously was chief deputy attorney general of Wyoming. He filed an amicus brief on behalf of the Susan B. Anthony List in support of the respondent in June Medical Services v. Russo. Marks v. United States instructs that when a majority of the justices cannot agree on more than the outcome, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Mu...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, United States, Wyoming, Louisiana, Kafka, John Roberts, U S Court of Appeals, Casey, Stephen Breyer, Ramos, Clarence Thomas


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


Symposium: RIP state “Blaine Amendments” – Espinoza and the “no-aid” principle

Steven Green is the Fred H. Paulus Professor of Law and director of the Center for Religion, Law & Democracy at Willamette University College of Law. He filed an amicus brief on behalf of a number of religious groups in support of the respondents in Espinoza v. Montana Department of Revenue. There is so much contained in the various opinions in Espinoza v. Montana Department of Revenue that a college instructor could use that one case to teach an entire course about American church-state law: di...
Tags: Featured, Supreme Court, Law, Colorado, California, Montana, Senate, Pennsylvania, Ruth Bader Ginsburg, Mitchell, Thomas, U S Supreme Court, The Supreme Court, Alito, William Rehnquist, Locke


Symposium: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer


Symposium: June Medical Services v. Russo: When a “win” is not a win

Gretchen Borchelt is vice president for reproductive rights and health at the National Women’s Law Center. She filed an amicus brief on behalf of NWLC and 72 other organizations in support of the petitioners in June Medical Services v. Russo. In June Medical Services v. Russo, a plurality of the Supreme Court struck down a Louisiana law that would have thwarted abortion access to such a degree that it would have left “thousands of Louisiana women with no practical means of obtaining a safe, lega...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Donald Trump, John Roberts, Roberts, Casey, GONZALES, Elena Kagan, Samuel Alito, Carhart, Hellerstedt, Russo


Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey


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



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