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Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Thacker v. Tennessee Valley Authority Rimini Street Inc. v. Oracle USA Inc. Home Depot U.S.A. Inc. v. Jackson Azar v. Allina Health Services Knick v. Township of Scott, Pennsylvania Tennessee Wine & Spirits Retailers Association v. Blair   The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SC...
Tags: Supreme Court, Law, Blair, Thacker, Oyez, Merits Cases, Tennessee Valley Authority Rimini Street Inc, Oracle USA Inc Home Depot U S A Inc, Jackson Azar, Allina Health Services Knick


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address the standard for removal of a juror for misconduct during deliberations, a court’s ability to enable a defendant to earn income to pay restitution, and whether a horizontal agreement to boycott a supplier can escape per se condemnation under Section 1 of the Sherman Act under certain circumstances. The petitions of the week are: Sample v. United States 18-759 Issue: Whether a district court may reduce a prison s...
Tags: Supreme Court, Law, United States, Fattah, Cases in the Pipeline, American Media Inc, Anderson News LLC


Friday round-up

Yesterday, the challengers in Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over discovery in a challenge to the government’s decision to add a question about citizenship to the 2020 census, asked the justices to dismiss the case, arguing that a district court decision earlier this week that barred the government from adding the question has rendered the Supreme Court case moot. Amy Howe has this blog’s coverage, which first appeared at Howe on th...
Tags: Supreme Court, Law, East Coast, Round-up, Reuters, U S Supreme Court, Lawrence Hurley, Howe, Adam Feldman, Department of Commerce, Andrew Chung, Heritage Foundation, Amy Howe, Ross Guberman, National Law Journal, Tony Mauro


William Barr: “The Single Most Important Thing We Can Do In Gun Control”

CNSNEWS.com: (CNSNews.com) – “In 1994, you said that gun control is a dead end,” Sen. Dianne Feinstein (D-Calif.) told Attorney General-nominee William Barr at his confirmation hearing on Tuesday. “Do you still believe that prudent controls on weapons won’t reduce violent crime?” Feinstein, a staunch gun control advocate, asked him. “I think that the problem of our time is to get an effective system in place that can keep dangerous firearms out of the hands of mentally ill people,” Barr replied....
Tags: Texas, Supreme Court, Obama, Congress, Military, Gun Control, Dianne Feinstein, Trump, Nra, Feinstein, Calif, PAUL, John Calvin, Barr, Heller, John Locke


Challengers urge justices to dismiss census case after district court ruling

On February 19, the Supreme Court is scheduled to hear oral argument in U.S. Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over evidence in a challenge to the Trump administration’s decision to reinstate a question about citizenship on the 2020 census. The justices agreed in November to review the case, but they also rejected the government’s request to put the trial in the case on hold. The district court went ahead with the trial, and on Tuesday...
Tags: Featured, Supreme Court, Law, Commerce, Department Of Justice, Doj, Ross, Gore, Trump, Howe, U S Department of Commerce, Merits Cases, What's Happening Now, Wilbur Ross, John Gore


Challengers urge justices to dismiss census case after district court ruling (Updated)

UPDATE: On Friday, January 18, the Supreme Court announced that it had removed the case from the February argument calendar and suspended the briefing schedule “pending further order of this Court.” Although the justices will not hear oral argument in the case in February, today’s order does not foreclose the possibility that the case could be argued later in the term, at which point the justices could also potentially review the district court’s decision blocking the government from including t...
Tags: Featured, Supreme Court, Law, Commerce, Department Of Justice, Doj, Ross, Gore, Trump, Howe, U S Department of Commerce, Merits Cases, What's Happening Now, Wilbur Ross, John Gore


Big symposium on Lockett v. Ohio now published via University of Akron School of Law Constitutional Law Center

In this post last year I noted a call for papers by the Center for Constitutional Law at the University of Akron School of Law to commemorate the Supreme Court decision in Lockett v. Ohio, 438 U.S. 586 (1978).  I am pleased to see that the papers have now been published and are available at this link.  Here they are: Introduction to the "Lockett v. Ohio at 40 Symposium": Rethinking the Death Penalty 40 Years After the U.S. Supreme Court Decision by Margery B. Koosed The Other Lockett by Dennis ...
Tags: Supreme Court, Law, Karen, Ohio, U S Supreme Court, Lockett, Center for Constitutional Law, Mens Rea, Douglas A Berman, University of Akron School of Law, Margery B Koosed, Dennis Balske Reflections, Sandra Lockett, Peggy Cooper Davis Justice White, Lockett Concurrence, Jordan Berman Lockett


Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg


This Takings Case Has Nothing To Do With The Wall, But Still

Let's just watch how conservatives thread this eminent domain needle while the Takings elephant is in the room.
Tags: Supreme Court, Law, Courts, Takings, Knick v Township of Scott Penn


Morning Docket: 01.17.19

* Jay-Z pointed out that it's nearly impossible to find a diverse arbitrator and Blank Rome says the claim that white arbitrators may be biased against minorities, "dubious, indeed offensive" and "contravenes every published authority on the matter." Every published authority? Bold. [American Lawyer] * Law professor notes that legal technology is going to kill off junior lawyers, which is something I've been saying for years now. [Legal Cheek] * Big 4's coming yo! (Hong Kong edition) [Internat...
Tags: Hong Kong, Supreme Court, Law, Jay-z, Epa, Donald Trump, Courthouse News Service, Trump, Ny Times, Kavanaugh, Blank Rome, Morning Docket, Brett Kavanaugh, Big 4


Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe analyzes yesterday’s oral argument in Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing. For The Washington Post, Robert Barnes reports that “Supreme Court justices indicated … that they thought Tennessee’s tough residency requirements for those who want to run liquor stores have more to do with protecting in-state economic interests...
Tags: New York, Supreme Court, Law, Congress, Court, Bloomberg, United States, Tennessee, Medicare, Jackson, Ruth Bader Ginsburg, The Washington Post, Trump, Round-up, Reuters, U S Supreme Court


NY Times op-ed explores "How to Make New York as Progressive on Criminal Justice as Texas"

The New York Times this week has this notable editorial about criminal discovery that bore the provocative (and fitting) headline that I have quoted in the title of this post.  As practitioners know, these discovery issues can have a profound impact on plea practices and sentencing outcomes.  Here are excerpts: In New York, prosecutors operate within a draconian system that gives them free rein to leave defendants in the dark about aspects of their cases for months or even years.  In cases big ...
Tags: New York, Texas, Supreme Court, Law, Brooklyn, New York Times, New Jersey, North Carolina, Criminal Justice, Ny Times, Douglas A Berman


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected)

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Corrections, United, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals, Sotomayor, Stephen Breyer


Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito


Blocking Constituents from Facebook Page Violates First Amendment–Davison v. Randall

The Chair of Loudoun County Board of Supervisors blocked a constituent on her official Facebook page. While the block was temporary, Davison, the constituent, filed a lawsuit, and prevailed after a bench trial. The Fourth Circuit affirms the main points. The court first says Davison has standing to pursue his claims. He was subject to past enforcement, and the Chair has not “disavowed” future enforcement. The Chair also challenged whether she had acted under color of law in administering the Ch...
Tags: Facebook, Supreme Court, Law, Kentucky, Virginia, Social Media, Randall, Knight Foundation, Trump, Board, Morgan, McIntyre, Fourth Circuit, Eric, Rossignol, Bevin


Argument transcripts

The transcript of oral argument in Knick v. Township of Scott is available on the Supreme Court’s website; the transcript in Tennessee Wine & Spirits Retailers Association v. Blair is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Blair, Merits Cases, Knick v Township of Scott, Tennessee Wine Spirits Retailers Association


Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond

Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. At the granular level, the case, Azar v. Allina Health Services, concerns whether the Department of Health and Human Services was permitted to change, without notice and comment, an important reimbursement formula for hospitals that treat many low-income patients. That question alone determines the fate of $3 to $4 billion. But the stakes are higher because the case requires...
Tags: Featured, Supreme Court, Law, Congress, Medicare, Ruth Bader Ginsburg, National Labor Relations Board, Shah, Thomas, Sonia Sotomayor, APA, HHS, D C Circuit, Department of Health and Human Services, Sotomayor, Bowen


Relist Watch

John Elwood reviews Monday’s relists. I’m today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the full 30 days to file reply briefs before oral argument. After this Friday, the court’s next scheduled conference isn’t until February 15 – almost a month from now. And any cases granted at that conference will ...
Tags: Texas, Featured, Supreme Court, Law, Congress, Virginia, New York City, Freedom, Alabama, Indiana, Dhs, United States, House Of Representatives, Kansas, Louisiana, Nielsen


Comedy tonight: Jurists play for laughs at Shakespeare Theatre mock trial

Justice Samuel Alito struggled to suppress a smile. Justice Stephen Breyer buried his head in his hands. Chief Judge Merrick Garland succumbed to a giggle fit. The esteemed panel knew it was in for an unconventional night of jurisprudence when, just a few sentences into her spiel, counsel representing the estate of the Duke of Buckingham referred to King Richard III as “Individual Number One.” The audience at the Sidney Harman Hall burst into applause – a raucous show of enthusiasm from a crowd ...
Tags: Supreme Court, Law, Richard III, Duke, Trump, Buckingham, Lancaster, Alito, Stephen Breyer, Garland, Samuel Alito, Henry VII, 5th Circuit, Sidney Harman Hall, Shakespeare Theatre Company, United States Court of Appeals


Second Disbarment For Domestic Violence

The Kansas Supreme Court has disbarred an attorney On September 18, 2018, the respondent was temporarily suspended in Kansas in accordance with Supreme Court Rule 203(c) (2019 Kan. S. Ct. R. 240), as a result of respondent's convictions of aggravated... [Author: Legal Profession Prof]
Tags: Supreme Court, Law, Kansas, Kansas Supreme Court, Kan, Legal Profession Prof, Bar Discipline & Process


Wednesday round-up

This morning the Supreme Court wraps up its January session with oral arguments in two cases. First on the agenda is a reargument in Knick v. Township of Scott, Pennsylvania, which asks whether the court should reconsider a precedent that requires property owners to exhaust state remedies before bringing federal takings claims under the Constitution. Miriam Seifter had this blog’s preview. Isaac Syed and Yuexin Angela Zhu preview the case for Cornell Law School’s Legal Information Institute. The...
Tags: Supreme Court, Law, Kentucky, Court, United States, Tennessee, Faa, Round-up, TVA, U S Supreme Court, John Roberts, Mark Joseph Stern, Blair, Howe, Ian Millhiser, Samuel Alito


SCOTUS Declines To Rule On Matthew Whitaker’s Appointment As Acting Attorney General

CNBC: In an unusual maneuver, Goldstein also used the case to raise the question of whether Trump’s acting attorney general, Matthew Whitaker, was constitutionally appointed. Trump appointed Whitaker in November after forcing out Jeff Sessions. Critics immediately pounced on the appointment, arguing that it was unlawful because Whitaker had not been confirmed by the Senate to the post he held at the time of his elevation to acting attorney general. Goldstein made his client’s gun rights case int...
Tags: Supreme Court, Senate, Court, Military, Gun Control, Cnbc, Trump, Whitaker, AG, Matthew Whitaker, Goldstein, Rod Rosenstein, Barry Michaels


Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents

Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed, I doubt the court has r...
Tags: Featured, Supreme `` Court, Law, Congress, United States, Ruth Bader Ginsburg, Thomas, Henry Schein, John Roberts, Ginsburg, Kavanaugh, INS, Oliveira, Gorsuch, Merits Cases, Chadha


Argument transcripts

The transcript of oral argument in Home Depot U.S.A. Inc. v. Jackson is available on the Supreme Court’s website; the transcript in Azar v. Allina Health Services is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Jackson, Merits Cases, Azar, Allina Health Services, Home Depot U S A Inc


Here’s the Recording of My Guest Spot on the final episode of ‘This Week in Law’

I had the great pleasure to be a guest last week on the final episode of This Week in Law, the video podcast that Denise Howell has hosted for 12 years, most recently with cohosts Stefan Szpajda and Matt Curtis. If you missed the live broadcast, the recording is now available to view. This week’s episode, Odious Buffoons (no doubt a reference to the guest), was the show’s last. We rounded up a variety of topics in the news: including remix culture copyright, strangers may be watching your Ring v...
Tags: Apple, Google, Supreme Court, Law, Uncategorized, Bob Ambrogi, Denise Howell, Matt Curtis, Stefan Szpajda


Argument analysis: When is the government not really the government for immunity from tort liability?

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity. The petitioner, Gary Thacker, argues that an entirely different analysis applies to the TVA, which Congress has made broadly subject to suit without expressly preserving policy immunity. Ann O’Connell Adams, assistant to the U.S. solicitor general (Art Li...
Tags: Featured, Supreme Court, Law, Congress, United States, Adams, Sonia Sotomayor, TVA, John Roberts, Roberts, Alito, Rouse, Tennessee River, Sotomayor, Stephen Breyer, Breyer


Here’s the Recording of My Guest Spot on the final episode of ‘This Week in Law’

I had the great pleasure to be a guest last week on the final episode of This Week in Law, the video podcast that Denise Howell has hosted for 12 years, most recently with cohosts Stefan Szpajda and Matt Curtis. If you missed the live broadcast, the recording is now available to view. This week’s episode, Odious Buffoons (no doubt a reference to the guest), was the show’s last. We rounded up a variety of topics in the news: including remix culture copyright, strangers may be watching your Ring v...
Tags: Apple, Google, Supreme Court, Law, Uncategorized, Denise Howell, Matt Curtis, Stefan Szpajda


Frank v. Canada (Attorney General): Renewing Voting Rights

In its first major decision of 2019, the Supreme Court of Canada has held that Canadian citizens who have been residing outside Canada for at least five consecutive years are entitled to vote in federal elections, contrary to provisions in the Canada Election Act. Although the prohibition was first enacted in 1993, until 2007 Canadians living abroad could reestablish the connection considered necessary to vote — and begin to recount their five years — by returning from time to time; however, as ...
Tags: Supreme Court, Law, Canada, House Of Commons, Westminster, Parliament, Frank, Supreme Court of Canada, Ontario Superior Court, Rowe, SCC, Case Comment, Court of Appeal The Supreme Court of Canada, Withler, Supreme Court of Canada Equality Jurisprudence



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