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Argument transcripts

The transcript of today’s oral argument in Virginia House of Delegates v. Bethune-Hill is available on the Supreme Court’s website; the transcript in Smith v. Berryhill is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Smith, Merits Cases, Virginia House of Delegates, Bethune Hill, Berryhill

Clarence Thomas Might Be The One To Spike Virginia’s Gerrymandering

If Clarence Thomas wants to be intellectually consistent, he'll hand the Virginia House to the Democrats.
Tags: Supreme Court, Law, Courts, Gerrymandering, Clarence Thomas, Virginia House, Spike Virginia

With Ethics Charges Dropped, Impeachment Remains The Only Way To Hold Brett Kavanaugh Accountable

The House now MUST take up this issue, if it is to be taken up.
Tags: Supreme Court, Law, House, Courts, Tenth Circuit, Brett Kavanaugh

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case

The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into relatively esoteric doctrinal areas, requiring the court to determine its proper judicial role as well as to make appropriate substantive choices. This term’s second admiralty excursion, The Dutra Group v. Batterton, presents another such occasion. On M...
Tags: Featured, Supreme Court, Law, Congress, Circuit, Dutra, Miles, Antonin Scalia, John Roberts, 9th Circuit, Townsend, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Samuel Alito, Anthony Kennedy

Supreme Court Shows its Interest in New Eligibility Case

by Dennis Crouch Hikma Pharmaceuticals USA Inc., et al. v. Vanda Pharmaceuticals Inc., No. 18-817 (Supreme Court 2019) In this case, the Supreme Court has requested input from the U.S. Government — requesting the views of the U.S. Solicitor General (CVSG).  The SG’s office will likely submit its brief in December 2019 — so we have a nice wait on this question presented: The question presented is whether patents that claim a method of medically treating a patient automatically satisfy Section 101...
Tags: Supreme Court, Law, Hp, Patent, Hikma, SG, Federal Circuit, U S government, Vanda Pharmaceuticals Inc, Berkheimer, Natural Alternatives Int ' l Inc, Creative Compounds LLC Fed, Dennis Crouch Hikma, Pharmaceuticals USA Inc

Argument preview: The Hobbs Act as ordinary or extraordinary administrative law

Did you know you can sue if you receive an unsolicited ad by fax? Under the Telephone Consumer Protection Act of 1991, you can recover $500 per offending fax. If sent willfully or knowingly, make that $1,500. Next Monday, the Supreme Court will grapple with this statute when it hears argument in PDR Network v. Carlton & Harris Chiropractic. In 2013, the publisher of the Physicians’ Desk Reference sent a fax to healthcare professionals to announce the launch of a digital version of the PDR. The...
Tags: Featured, Fcc, Supreme Court, Law, United States, Federal Communications Commission, Circuit, Chevron, Ortiz, APA, U S Chamber of Commerce, U S Court of Appeals, TCPA, Electronic Privacy Information Center, Yale Journal, 4th Circuit

Morning Docket: 03.18.19

* Sorry, bro, but one of them doesn’t like beer anymore: The Tenth Circuit denied 20 appeals of its earlier decision to dismiss misconduct complaints against now-Justice Brett Kavanaugh, but this time, the panel was split, with one judge saying the "entire council should be disqualified." [National Law Journal] * "It’s not enough to legalize marijuana at the federal level — we should also help those who have suffered due to its prohibition." If you're a Democratic candidate running for presiden...
Tags: Politics, Supreme Court, Law, Marijuana, Nbc News, Diversity, New York Times, Gloria Allred, Thomson Reuters, Trump, Preet Bharara, Democratic, Election 2020, Sonia Sotomayor, Southern District of New York, Tenth Circuit

SCOTUS takes up Miller retroactivity, unanimous juries, the insanity defense and criminal preemption in latest order list!

The Supreme Court is back in action this morning and today's order lists includes a list of four cases in which certioriari is granted.  Four criminal grants would enough to warm a chilly morning for me, but all four cases involve fairly "big ticket" concerns.  With the help of SCOTUSblog, here is the list of granted cases:  Mathena v. Malvo, 18-217 Issue : Whether the U.S. Court of Appeals for the 4th Circuit erred in concluding — in direct conflict with Virginia’s highest court and other cou...
Tags: Supreme Court, Law, Virginia, Alabama, Kansas, Graham, Louisiana, Montgomery, Miller, Garcia, U S Court of Appeals, Ramos, Douglas A Berman, IRCA, Malvo, Kahler

Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a g...
Tags: New York, Mississippi, Supreme Court, Law, Washington Post, America, Bloomberg, House, New York Times, Npr, Louisiana, North Carolina, Flowers, Smith, The Washington Post, Cornell

Non Sequiturs: 03.17.19

* With Justice Anthony M. Kennedy off the Supreme Court, who has replaced him as the justice most often in the majority? The answer might surprise you (but note that this is based on only part of the Term). [Empirical SCOTUS] * Speaking of SCOTUS, what does its recent copyright ruling in Fourth Estate v. mean for creators? Here's a clear and concise breakdown. [All Rights Reserved] * In the wake of the giant college admissions scandal, is it time to rethink how elite institutio...
Tags: Asia, Supreme Court, Law, Scotus, Copyright, Philippines, College Admissions, Donald Trump, Huawei, Constitutional Law, Adam Feldman, Anthony M Kennedy, Fourth Estate, Ty Cobb, Robert Mueller, Non-Sequiturs

This week at the court

The Supreme Court will release orders from the March 15 conference on Monday at 9:30 a.m.; John Elwood’s Relist Watch compiles the petitions that likely were relisted for this conference. There is a possibility of opinions on Tuesday and Wednesday. On Monday, the justices hear oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill. On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt. On Wednesday, the justices hear o...
Tags: Mississippi, Supreme Court, Law, United States, Flowers, Smith, This Week at the Court, John Elwood, Virginia House of Delegates, Bethune Hill, Berryhill, Cochise Consultancy Inc

Justices add constitutional question to citizenship case

On April 23, the Supreme Court will hear oral argument in the challenge to the decision to reinstate a question about citizenship on the 2020 census. The justices had originally granted review to decide whether that decision violated federal laws governing administrative agencies, but today the justices announced that they will also consider whether the decision violates the Constitution. The justices’ order adding the constitutional issue to the case came four days after U.S. Solicitor General ...
Tags: New York, Featured, Supreme Court, Law, California, HARRIS, Howe, Merits Cases, Scott Harris, Noel Francisco, New York That

Case study on the Ginsburg conspiracy theories in action

#WheresRuth. Even as the answer – working from home while recovering from cancer surgery – was covered by journalists and confirmed by the Supreme Court itself, this hashtag and similar ones populated Twitter in January and February. False allegations about Justice Ruth Bader Ginsburg’s status ranged from standard political rumors (e.g., that she planned to announce her retirement soon) to massive conspiracy theories (e.g., that she was in a medically induced coma or that her death was being hid...
Tags: Post, Featured, Nbc, Supreme Court, Law, Washington Post, Washington, Fox News, Ruth Bader Ginsburg, Collins, ABA Journal, Woods, James Woods, Miller, Ruth, Ginsberg

Friday round-up

Briefly: At (subscription or registration required), Tony Mauro reports that “[a] gathering to celebrate U.S. Supreme Court Justice Ruth Bader Ginsburg’s 86th birthday Friday afternoon won’t be an ordinary event”: “500 of her enthusiastic followers have decided to follow her lead of physical fitness by dropping to the ground and planking in front of the Supreme Court.” At, David Ogden weighs in on Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory cha...
Tags: Mississippi, Supreme Court, Law, Kentucky, Flowers, Ruth Bader Ginsburg, American Legion, Round-up, U S Supreme Court, Linda Greenhouse, Goldstein Russell, American Humanist Association, Tony Mauro, DAVID OGDEN, Batson

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the time limit for seeking review in the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703(b)(1)(A) can be extended, the constitutional limitation on venue selection in a criminal trial, and whether a federal court must grant a motion for a judgment of acquittal when the evidence is in equipoise. The petitions of the week are: Graviss v. Department of Defense 1...
Tags: Supreme Court, Law, Department Of Defense, United States, Hoffman, U S Court of Appeals for the Federal Circuit, Renteria, Cases in the Pipeline, Graviss

A massive victory for fair use in the longrunning Dr Seuss vs Star Trek parody lawsuit

Back in 2016, the Dr Seuss estate won a preliminary court action against "Oh, The Places You'll Boldly Go!" a crowdfunded parody of Dr Seuss's "Oh the Places You'll Go!" and Star Trek, written by veteran Star Trek creator David "Tribble" Gerrold and illustrated by the comics giant Ty Templeton. In 2017, Comicmix, the publisher, secured a partial legal victory, but the Seuss estate wasn't done -- they have been litigating ever since, but now it appears the fight is done, and Comicmix has pr...
Tags: Google, Post, Happy Mutants, Science Fiction, Copyfight, News, Supreme Court, Law, Parody, Star Trek, Fair Use, Ruth Bader Ginsburg, Oracle, Timothy Geigner, Kirk, Mattel Inc

Argument preview: Justices to weigh allegations of racial discrimination in jury selection

During jury selection, some potential jurors can be removed “for cause” – that is, when a judge believes that a juror cannot be impartial in deciding the case. The lawyers trying the case also have a certain number of “peremptory strikes,” which allow them to reject jurors without providing a reason. However, the Supreme Court ruled in Batson v. Kentucky that prosecutors cannot use their peremptory strikes to remove prospective jurors from the jury pool based only on the jurors’ race. Next week ...
Tags: Featured, Mississippi, Supreme Court, Law, Kentucky, Evans, Flowers, Foster, U S Supreme Court, Howe, Mississippi Supreme Court, Chatman, Doug Evans, Merits Cases, Batson, Curtis Flowers

Thursday round-up

Briefly: At The Daily Caller, Kevin Daley notes that “Chief Justice John Roberts has made common cause with the Supreme Court’s liberal bloc as late, breaking with his conservative colleagues on cases relating to abortion, the death penalty and President Donald Trump’s revised rules for asylum seekers,” and that “[i]n isolation, it’s difficult to know what to make of the chief’s votes.” In an op-ed for Fox News, Kristen Waggoner hopes that the recent settlement between Colorado and Christian ba...
Tags: Supreme Court, Law, Colorado, Indiana, Atlantic, Fox News, Christian, Illinois, Donald Trump, Madison, Round-up, John Roberts, International Finance Corporation, Jam, NLRA, Marbury

SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg

Sandra Day O’Connor Was No Fan Of Samuel Alito

The first woman on the Supreme Court was incredibly disillusioned with her successor.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Samuel Alito, Sandra Day O'Connor, Evan Thomas, Walter Dellinger

The Vote To Terminate Trump’s National Emergency Is More Than Symbolic, Even If Trump Vetos It

Congressional override locks in a few key legal positions, and that might be important to one conservative justice in particular.
Tags: Supreme Court, Law, Government, Courts, Donald Trump, Trump, National Emergency, Chadha v. INS

Supreme Court Patent Rundown

by Dennis Crouch Two patent cases are pending before the Supreme Court on their merits: Return Mail, Inc. v. United States Postal Service, No. 17-1594 (Can a US Gov’t entity petition for AIA review?) Iancu v. NantKwest, Inc., No. 18-801 (Are attorney fees automatically shifted in Section 145 Civil action to obtain patent?) Neither of these cases address core patent law issues and so their outcome will have little impact on patent law practice. The Court has indicated some interest in four ...
Tags: Supreme Court, Law, US, AIA, Patent, United States Postal Service, Illumina Inc, PTO, Yahoo Inc, United States Patent and Trademark Office, IPR, Intersil, Dennis Crouch, Atlanta Gas Light Company, Mylan Pharmaceuticals Inc, PTAB

Wednesday round-up

At The George Washington Law Review’s On the Docket blog, Ralph Steinhardt discusses Jam v. International Finance Corporation, in which the court held that international organizations have the same immunity from lawsuits that foreign countries currently have and can therefore be sued in U.S. courts for their commercial activities, suggesting that the case “may be understood as a continuation of the effort to hold intergovernmental organizations accountable for violations of international law, wi...
Tags: New York, Supreme Court, Law, New York City, America, New York Times, American Legion, Round-up, Lyle Denniston, International Finance Corporation, Jam, Adam Feldman, Department of Commerce, Brunetti, Bladensburg, Goldstein Russell

Ex Post Breaks in the Chain of Priority

by Dennis Crouch Patent families generally require a chain of copendency.  A later filed application may claim the same priority of an earlier-filed application so long as the later is filed while the earlier is still pending (not yet patented, abandoned, or otherwise terminated).  This pending Supreme Court petition focuses on the situation where the earlier-filed application is amended to alter its priority claim — and asks What happens to the later-filed application’s priority claim . Natura...
Tags: UK, Supreme Court, Law, Uspto, Patent, Federal Circuit, Dennis Crouch, Intellectual Property Rights TRIPS, Iancu Supreme Court, Natural Alternatives

Duke Law’s New Center For Firearms Law Aims For ‘Rigorous And Balanced’ Second Amendment Scholarship

Sure they do. The Duke Center for Firearms Law is searching for a scholarly alternative to the politically charged national debate surrounding gun rights and regulation. Joseph Blocher, Lanty L. Smith ’67 professor of law, and Darrell Miller, the Melvin G. Shimm professor of law, created the Center to advance non-partisan scholarship about the Second Amendment. The two co-directors are joined by Jake Charles, Law School ’13, as the Center’s executive director. Blocher said there is a lack of rel...
Tags: Supreme Court, Bloomberg, Military, United States, Gun Control, Charles, District Of Columbia, Miller, PAUL, McDonald, Duke University, Duke Law, Heller, Antonin -RSB- Scalia, Fordham University, Saul Cornell

Figuring Out Where to Go With a Complaint: Different Answers in Academia and Unionized Workplaces

A recent Ontario Court of Appeal case reaffirmed that for certain purposes, academic complaints are properly brought to court, rather than addressed in university internal processes. In Lam v. University of Western Ontario, 2019 ONCA 82, the Ontario Court of Appeal allowed Lam’s appeal from the decision of a motions judge that his complaint should have been brought as a complaint to the university and not as a claim for damages in superior court. The test for determining where to bring the compl...
Tags: Supreme Court, Law, Court, University, Commission, Court of appeal, Academia, Weber, Brown, Supreme Court of Canada, Lam, Ontario Court of Appeal, Ontario Superior Court of Justice, NRHA, Case Comment, Ontario Hydro

Tweet Containing Question Mark Isn’t Defamatory–Boulger v. Woods

In 2016, the Chicago Tribune published a photo of a woman giving a Nazi salute at a Trump rally. Twitter user @voxday wrongly identified the plaintiff as that woman. Shortly afterwards, actor James Woods, who then had 350,000 twitter users, tweeted the Nazi salute photograph along with a photo of plaintiff (Portia Boulger), saying “So called #Trump “Nazi” is a #BernieSanders agitator/operative?” Woods later deleted the tweet but did not, as requested by Boulger’s counsel, issue a formal retract...
Tags: Sixth Circuit, Supreme Court, Law, Ohio, Nazi, Charlottesville, Patterson, Woods, James Woods, Trump, Chicago Tribune, Cox, Eric, Adelson, Ohio Supreme Court, Redmond

Argument preview: Justices to determine relevant statute of limitations for whistleblower suits under the False Claims Act

Liza Starr, a student at Stanford Law School and a member of Stanford’s Supreme Court Clinic, co-authored this post. On March 19, the Supreme Court will hear argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt. The justices will consider how two statutes of limitations under the False Claims Act apply to whistleblower (also known as “qui tam”) suits when the government has not intervened in the case. Enacted in 1863 amidst rampant fraud by Civil War contractors, the FCA has grown...
Tags: Featured, Supreme Court, Law, Congress, Iraq, Afghanistan, United States, Fca, Graham, Department Of Justice, Chamber of Commerce, Wilson, Hunt, Parsons, U S Court of Appeals, 11th Circuit

Empirical SCOTUS: Who’s in the majority?

Although few people ever have the opportunity of sitting on the Supreme Court, some similarities exist between this upper echelon of judging and other jobs. One parallel has to do with job satisfaction. Judges who make it all the way to the Supreme Court should feel accomplished and contented because of their achievements, but there also must be at least a continuum of job satisfaction among the justices. That is not to say that any justice necessarily dislikes the job, just that they may not en...
Tags: Supreme Court, Law, Austin, Ruth Bader Ginsburg, Kennedy, Douglas, Thomas, Antonin Scalia, John Roberts, Fisher, Roberts, William Rehnquist, Clarence Thomas, Burwell, Anthony Kennedy, William Douglas

Tuesday round-up

Briefly: At Bloomberg, Greg Stohr reports that in a letter yesterday, “[t]he Trump administration asked the U.S. Supreme Court to expand its scheduled April showdown over the 2020 census[, Department of Commerce v. New York,] to decide whether the Constitution lets the government ask whether people are American citizens.” Pamela Wood reports for The Baltimore Sun that Maryland “Gov. Larry Hoganhas filed a brief with the U.S. Supreme Court [in Lamone v. Benisek,] seeking to back up the claims of...
Tags: New York, Maryland, Supreme Court, Law, Colorado, California, Alabama, Bloomberg, United States, Arizona, Christian, Baltimore, Trump, Round-up, National Review, U S Supreme Court

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