Posts filtered by tags: Stephen Breyer[x]


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

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

Justice Ruth Bader Ginsburg, feminist pioneer and progressive icon, dies at 87

Ruth Bader Ginsburg, a trailblazer who fought for gender equality as a lawyer and became a beloved hero of the progressive movement as a justice, died on Friday of complications from pancreatic cancer. When she was confirmed to the Supreme Court in 1993, Ginsburg was a reserved and relatively unknown court of appeals judge, but during the course of her 27 years on the court she became an improbable pop-culture icon, inspiring everything from an Oscar-nominated documentary film to her own action ...
Tags: New York, Texas, Featured, Sweden, Supreme Court, Law, Obama, Congress, Washington, Senate, White House, Virginia, Russia, Court, Alabama, America

Friday round-up

Two Supreme Court justices made public appearances on Thursday — if only virtually — and a third received a lifetime achievement award as the legal academy celebrated Constitution Day. The National Constitution Center awarded its 32nd annual Liberty Medal to Justice Ruth Bader Ginsburg and, in lieu of an in-person ceremony, the center invited Ginsburg’s favorite opera singers and friends to pay tribute to her lifelong work in the law. Justices Stephen Breyer and Neil Gorsuch, meanwhile, particip...
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Round-up, Mark Sherman, Ginsburg, Stephen Breyer, Breyer, Mark Walsh, JESSICA GRESKO, Gorsuch, Neil Gorsuch, Katie Barlow, Kal Golde

Breyer’s Constitution Day message: Participate

Justice Stephen Breyer kicked off Constitution Day on Thursday morning by urging law students to fulfill the Constitution’s promise through civic participation. Breyer sat down with George Washington University Law School students via Facebook Live in a discussion moderated by GW Law Dean Dayna Bowen Matthew and Associate Dean Alan Morrison. Just one day after the Supreme Court announced it would hold October oral arguments remotely, Breyer said that a “plus” of the new system is that it encoura...
Tags: Supreme Court, Law, Facebook Live, Stephen Breyer, Breyer, Alan Morrison, What's Happening Now, George Washington University Law School, Dayna Bowen Matthew

Thursday round-up

The Supreme Court on Wednesday released two pieces of new information about oral arguments for its upcoming 2020-21 term. The court said that, due to the coronavirus pandemic, it will hear arguments by telephone at least through its October sitting while releasing an audio livestream, as it did in May. The court also released its argument calendar for its December sitting (the court’s October and November argument calendars were released previously). Amy Howe (in stories that first appeared at H...
Tags: Supreme Court, Law, Congress, Court, Bloomberg, Gop, Philadelphia, Npr, Donald Trump, Ruth Bader Ginsburg, Trump, Round-up, Howe, Greg Stohr, Stephen Breyer, Amy Howe

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

SCOTUS spotlight: Tom Goldstein on ‘hitting singles’ as an oral advocate

Tom Goldstein, the publisher of SCOTUSblog and partner at Goldstein & Russell, P.C., has argued more than 40 cases before the Supreme Court since his first oral argument in 1999. On this week’s episode of SCOTUStalk, Amy Howe interviews Goldstein on what it’s like to advocate before the nine and how that experience has changed over the past 20 years. Goldstein offers a few tips for success along with audio-accompanied stories about taking heavy fire from a hot bench, joking with Chief Justice Wi...
Tags: Google, Featured, Supreme Court, Law, Congress, Georgia, Nike, Smith, Ada, Kennedy, Paul Clement, Tom, John Roberts, Scalia, Georgetown, Stevens

RNC, Rhode Island Republicans ask justices to intervene in absentee-ballot dispute

The Republican National Committee and Rhode Island Republicans asked the Supreme Court on Monday to block an order by a federal district court that relaxed the state’s witness requirement for absentee ballots. The two groups argued that the relief they have requested – putting the lower court’s ruling on hold – was compelled by the Supreme Court’s ruling in July in a similar case from Alabama. Under Rhode Island law, voters who opt to submit absentee ballots must sign their ballots in the presen...
Tags: Featured, Supreme Court, Law, Alabama, Gop, Republican National Committee, Rhode Island, Rnc, State, Howe, Stephen Breyer, Purcell, Gina Raimondo, 1st Circuit, Nellie Gorbea, Gorbea

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

Experts tout proposals for Supreme Court term limits

Term limits for Supreme Court justices, once a fringe idea, have seemingly entered the political and academic mainstream. Recently, both the conservative Federalist Society and the liberal American Constitution Society have hosted events and published scholarship on the question. The Center for American Progress joined the conversation on Tuesday with a virtual discussion of recent term limit proposals, their constitutionality and what it would take to enact them. Kicking off the webinar, CAP ...
Tags: Featured, Supreme Court, Law, Congress, Senate, White House, Court, House, Rhode Island, Antonin Scalia, John Roberts, Scalia, Roth, Richard Nixon, William Rehnquist, Stephen Breyer

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

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

Wednesday round-up

Two big stories generated substantial news coverage of the Supreme Court on Tuesday: the hospitalization of Justice Ruth Bader Ginsburg, and the court’s 5-4 ruling allowing the federal government to begin reinstating the death penalty after a 17-year de facto moratorium on federal executions. In a story for SCOTUSblog that was first published at Howe on the Court, Amy Howe reports that Ginsburg was admitted Tuesday morning to the Johns Hopkins Hospital in Baltimore with a possible infection afte...
Tags: Texas, Nbc, Supreme Court, Law, Washington Post, Washington, Cnn, Pennsylvania, New York Times, Dallas, Department Of Justice, Ruth Bader Ginsburg, Baltimore, Wall Street Journal, Round-up, Fallon

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

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

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

Symposium: What’s “the use” of the Constitution’s distinctive treatment of religion if it is disregarded as discrimination?

Holly Hollman is general counsel for the Baptist Joint Committee for Religious Liberty, which submitted an amicus brief in support of the respondents in Espinoza v. Montana Department of Revenue.  The Supreme Court’s decision in Espinoza  v. Montana Department of Revenue purports to be “unremarkable,” particularly in light of Trinity Lutheran v. Comer, decided just three years ago. But the multiple opinions – four for the majority and three dissenting opinions – belie that assertion and demonst...
Tags: Featured, Supreme Court, Law, Montana, Washington, Missouri, Ohio, State, Sonia Sotomayor, U S Supreme Court, John Roberts, Roberts, Locke, Stephen Breyer, Breyer, Davey

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 holds that “” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark

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: 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

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