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The upcoming nomination battle, explained

President Donald Trump is expected to announce his nominee to fill the late Justice Ruth Bader Ginsburg’s seat on Saturday at 5 p.m. EDT. Whomever Trump selects, the nomination is certain to trigger weeks of high-stakes procedural maneuvers as Republicans try to fast-track the nomination process and Democrats try to block it. Senate Majority Leader Mitch McConnell (R-Ky.) has promised a vote on the Senate floor sometime this year, but he has yet to specify whether it will take place before or af...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Barack Obama, Georgia, Democrats, Maine, Alaska, Arizona, John Mccain, Donald Trump, Ruth Bader Ginsburg, Committee


Grieving RBG: Words of sorrow and gratitude from mourners at the court

As soon as the public learned of the death of Justice Ruth Bader Ginsburg on Friday evening, mourners began gathering outside the Supreme Court. Leaving flowers, candles and messages in chalk written near the courthouse steps, thousands of people have paid their respects to a woman who inspired a generation and, late in life, attained an iconic status in American culture. Over the weekend, SCOTUSblog’s deputy manager, Katie Bart, interviewed members of the public who gathered in remembrance and ...
Tags: Featured, Supreme Court, Law, Harvard, Ruth Bader Ginsburg, Mother Teresa, Thomas, Sonia Sotomayor, John Roberts, Emma, Ginsburg, Stephen Breyer, Elena Kagan, David Souter, Amy Howe, Thurgood Marshall


If Trump nominates Barbara Lagoa to replace RBG, will Democrats make the "second Latina" argument? I see 2 big problems!

"An effort to install a second Latina on the high court would immediately raise the stakes of a nomination fight that quickly became a clash over principles of fairness and democratic legitimacy."I just wanted to isolate that sentence, which appears in the middle of a Washington Post article by Isaac Stanley-Becker and Aaron C. Davis and called "Barbara Lagoa, Cuban American judge, rises on Trump’s Supreme Court list as allies emphasize Florida campaign edge."First, I see that word "install," wh...
Tags: Florida, Law, Washington Post, Miami, Bronx, Cuba, Ruth Bader Ginsburg, Puerto Rico, Trump, Sonia Sotomayor, Latina, Aaron C Davis, Ann Althouse, Unconvincing Arguments, Diversity Politics, RBG


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


Thursday round-up

The Trump administration wants the Supreme Court to reinstate a requirement for patients seeking abortions to visit doctor’s offices in order to obtain one of the drugs used in medication-induced abortions — a requirement that opponents say subjects patients to unnecessary risk during the coronavirus pandemic. “Most women take the pills that end a pregnancy in its early stages at home,” the Washington Post’s Robert Barnes reports, “and U.S. District Judge Theodore D. Chuang ruled in July that re...
Tags: Supreme Court, Law, Washington Post, Nbc News, Food And Drug Administration, Carney, Delaware, American Bar Association, Greenhouse, Trump, Round-up, Bush, Adams, Sonia Sotomayor, Robert Barnes, Stephen Breyer


Without any dissents, SCOTUS rejects legal claims of Native American scheduled for federal execution today

As reported here by Amy Howe at SCOTUSblog, the "Supreme Court on Tuesday night declined to block the execution, scheduled for Wednesday, of Lezmond Mitchell, the only Native American on federal death row."   Here is more, with links to orders: The justices, without any noted dissents, denied two emergency requests from Mitchell seeking to postpone the execution.  Mitchell had argued that he should be given the opportunity to interview his jurors about potential bias during deliberations and th...
Tags: Supreme Court, Law, Justice Department, Mitchell, Sonia Sotomayor, US Department of Justice, Sotomayor, Amy Howe, Douglas A Berman, William Barr, FDPA, Daniel Lewis Lee, Lezmond Mitchell, Alyce Slim, Navajo Nation At Mitchell


Court allows government to proceed with execution of Native American inmate

The Supreme Court on Tuesday night declined to block the execution, scheduled for Wednesday, of Lezmond Mitchell, the only Native American on federal death row. The justices, without any noted dissents, denied two emergency requests from Mitchell seeking to postpone the execution. Mitchell had argued that he should be given the opportunity to interview his jurors about potential bias during deliberations and that the government’s planned lethal-injection protocol violates federal law. If the exe...
Tags: Featured, Supreme Court, Law, Colorado, Court, Arizona, Justice Department, Mitchell, Sonia Sotomayor, Howe, U S Court of Appeals, Sotomayor, Daniel Lee, Pena Rodriguez, Capital Cases, Emergency appeals and applications


Court reinstates Oregon ballot-initiative rules

For the fifth time this year, the Supreme Court set aside a lower-court order that would have altered state election rules in response to the coronavirus pandemic. The justices on Tuesday granted an emergency request by the state of Oregon to put on hold a ruling by a federal district judge that would have required the state to relax its requirements for getting a proposed amendment to the state’s constitution on the ballot in the November election. Two justices – Ruth Bader Ginsburg and Sonia S...
Tags: Featured, Supreme Court, Law, Oregon, Alabama, Idaho, Wisconsin, Republican Party, Ruth Bader Ginsburg, Republican National Committee, Rhode Island, Sonia Sotomayor, 9th Circuit, Howe, Ginsburg, Sotomayor


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


Siding with jail officials, court lifts injunction that imposed coronavirus safety measures

A divided Supreme Court on Wednesday revoked a lower-court order that required a California jail to implement stricter health and safety measures in response to the coronavirus pandemic. The 5-4 decision to undo the lower court’s injunction is the latest in a series of emergency rulings the justices have issued in disputes relating to the pandemic. The decision drew an eight-page dissent from Justice Sonia Sotomayor, who accused the five-justice majority of disregarding the lower court’s factual...
Tags: Featured, Supreme Court, Law, California, Cdc, Idaho, Circuit, Centers For Disease Control And Prevention, Sonia Sotomayor, 9th Circuit, Barnes, Sotomayor, Elena Kagan, Santa Ana California, Orange County Jail, U S Court of Appeals for the 9th Circuit


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


Court allows border-wall construction to continue

The Supreme Court on Friday turned down a plea from opponents of President Donald Trump’s border wall to order a temporary stop to construction. By a vote of 5-4, the justices declined to lift a stay, entered just over a year ago, that allowed the federal government to continue to spend federal funds on construction while a legal challenge to the wall continues. The challengers had urged the Supreme Court to intervene last week, telling the justices that if the stay were not lifted, the Trump ad...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, Pentagon, Donald Trump, Wall, Sierra Club, Trump, Sonia Sotomayor, American Civil Liberties Union, 9th Circuit, Howe, Stephen Breyer


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


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


Justices reject House’s request to fast-track release of opinion on Trump’s financial records

The Supreme Court on Monday morning turned down requests from the House of Representatives to expedite the date on which the court’s ruling on access to the president’s financial records will officially go into effect. The orders came three days after Chief Justice John Roberts granted a similar request, to which the president had consented, from a New York district attorney. Only Justice Sonia Sotomayor noted that that she would have granted the House’s request. On July 9, the justices issued...
Tags: New York, Featured, Supreme Court, Law, Congress, House, House Of Representatives, Trump, Sonia Sotomayor, John Roberts, Howe, Merits Cases, Under the Supreme Court, Mazars


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


Justices decline to intervene in Florida voting dispute

The Supreme Court on Thursday rejected a request by Florida voters and civil rights groups to reinstate a ruling that would have cleared the way for thousands of Florida residents who have been convicted of a felony to vote in the state’s upcoming elections. Justice Sonia Sotomayor dissented from the ruling, writing an opinion that was joined by Justices Ruth Bader Ginsburg and Elena Kagan. At the heart of the dispute is a 2018 amendment to Florida’s constitution that permits people with prior f...
Tags: Florida, Featured, Supreme Court, Law, Court, General Election, Sonia Sotomayor, Paul Smith, Howe, U S Court of Appeals, Sotomayor, Elena Kagan, Purcell, 11th Circuit, Campaign Legal Center, Justices Ruth Bader Ginsburg


Federal execution déjà vu: after SCOTUS votes 5-4 to vacate injunction, feds complete another morning lethal injection

As reported here earlier this week, the federal government completed the execution of Daniel Lewis Lee, which had been scheduled for Monday, around 8am on Tuesday morning after a divided  Supreme Court around 2am vacated lower court ruling that were blocking the execution.  It was déjà vu all over again today:  sometime not long after 2am this morning, the US Supreme Court issued this order vacating the injunction, with four Justices in dissent and Justices Breyer and Sotomayor writing up the ba...
Tags: Supreme Court, Law, Ap, United States, Ford, Iowa, Kansas, US supreme court, Sonia Sotomayor, Sotomayor, Breyer, Elena Kagan, Jennifer Long, Douglas A Berman, Honken, Ruth Bader Ginsburg Stephen Breyer


Ginsburg hospitalized for possible infection (updated)

Update, July 15: Justice Ruth Bader Ginsburg has been discharged from the hospital a day after being admitted for a possible infection, a Supreme Court spokesperson said Wednesday afternoon. “She is home and doing well,” the spokesperson said. The original post is below the jump: Justice Ruth Bader Ginsburg was admitted Tuesday morning to a Baltimore hospital “for treatment of a possible infection” and will remain there for a few days so that she can receive intravenous antibiotic treatment, t...
Tags: Featured, Supreme Court, Law, Washington, Ruth Bader Ginsburg, Baltimore, Johns Hopkins, Sonia Sotomayor, Howe, Ginsburg, Stephen Breyer, Johns Hopkins Hospital, What's Happening Now, Supreme Court 's Public Information Office, Sibley Memorial Hospital


Ginsburg hospitalized for possible infection

Justice Ruth Bader Ginsburg was admitted Tuesday morning to a Baltimore hospital “for treatment of a possible infection” and will remain there for a few days so that she can receive intravenous antibiotic treatment, the Supreme Court’s Public Information Office announced this afternoon. The 87-year-old justice was evaluated on Monday night at Sibley Memorial Hospital in Washington, D.C., “after experiencing fever and chills,” the court indicated in a short press release. Although the justices’ s...
Tags: Featured, Law, Washington, Ruth Bader Ginsburg, Baltimore, Johns Hopkins, Sonia Sotomayor, Howe, Ginsburg, Stephen Breyer, Johns Hopkins Hospital, Supreme Court 's Public Information Office, Sibley Memorial Hospital


In overnight orders, justices allow federal execution to proceed

In the early hours this morning, after a flurry of last-minute filings, a divided Supreme Court cleared the way for federal executions to resume for the first time in nearly 20 years. According to news reports, the federal government then moved quickly to carry out an execution that had been scheduled for Monday afternoon, executing Daniel Lewis Lee at a federal prison in Indiana shortly after 8 a.m. EDT this morning. The battle over the federal government’s efforts to resume executions has been...
Tags: Featured, Supreme Court, Law, Court, Indiana, Department Of Justice, William, Nancy, Sonia Sotomayor, Lee, D C Circuit, Howe, Ginsburg, Peterson, U S Court of Appeals, Sotomayor


"The Supreme Court cleared the way for the Justice Department to carry out the first federal execution in more than 17 years..."

"[A] federal judge had delayed the execution hours earlier, saying on Monday that questions about the constitutionality of the lethal injection procedure the government planned to use had not been fully litigated.... The Supreme Court delivered an unsigned 5-to-4 ruling, with Justices Stephen Breyer and Sonia Sotomayor dissenting. They were joined by Justices Ruth Bader Ginsburg and Elena Kagan, the other members of the court’s four-member liberal wing.... [Daniel Lewis] Lee, 47, a former white ...
Tags: Murder, Supreme Court, Law, Court, Death Penalty, Justice Department, Trump, Sonia Sotomayor, Ginsburg, District Court, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Mr Lee


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: The Trump subpoena cases and the search for normalcy

Peter Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law at the Ohio State University Moritz College of Law. The 2016 victory of Donald Trump after his malignant campaign posed a question for lawyers, judges and government officials that has never really gone away: To what extent should the law treat now-President Trump as a normal president? Both constitutional and administrative law are shot through with doctrines in which challengers to executive branch action are met with “defere...
Tags: Featured, Supreme Court, Law, Congress, White House, United States, Hawaii, House, Deutsche Bank, Donald Trump, Ruth Bader Ginsburg, Justice Department, Committee, Trump, Nixon, Sonia Sotomayor


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


Opinion analysis: Court upholds “faithless elector” laws

This morning the Supreme Court unanimously rejected two challenges to the constitutionality of so-called “faithless elector” laws, which penalize or remove presidential electors who fail to vote for the candidate they have pledged to support. The rulings came with just under four months remaining before the 2020 election. The Supreme Court heard arguments in May in two different disputes involving states’ efforts to enforce their faithless elector laws during the 2016 presidential election proce...
Tags: Featured, Supreme Court, Law, Colorado, Washington, Hillary Clinton, Broadway, Ohio, States, District Of Columbia, Donald Trump, Hamilton, Clinton, John Kasich, Thomas, State



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