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Substack for Lawyers, What’s the Attraction?

Bob Ambrogi has a real nice piece this morning on “The Lawyers of Substack.” As early adopters of digital publishing in the law turned to blogging, something we’ve seen explode over the last decade, some legal publishers are turning to Substack. Substack is an online platform that provides publishing, payment, analytics, and design infrastructure to support subscription newsletters. Among the legal Substack users Ambrogi highlights are lawyers and career legal journalists, David Lat...
Tags: Supreme Court, Law, Uncategorized, David Lat, ABA Journal, Alm, Ambrogi, Bob Ambrogi, Substack, Jason Tashea, Tashea, Substack Substack, Substack Lat, Colin O'Keefe


Will Clarence Thomas Return To Silence Once Justices Return To Supreme Court?

He previously spent a decade without speaking once during oral arguments.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Clarence Thomas, Will Clarence Thomas


The morning read for Wednesday, May 5

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Wednesday morning read: How Amy Coney Barrett has changed the Supreme Court in ways Kavanaugh hasn’t (Joan Biskupic, CNN) Supreme Court seems skeptical that law helps all convicted of crack cocaine offenses (Robert Barnes, The Washington Post) Supreme Court Weighs Crack Cocaine Sentenc...
Tags: Supreme Court, Law, Round-up, Robert Barnes, Adam Feldman, Kavanaugh, Joan Biskupic, CNN Supreme Court, Amy Coney Barrett, Sarah Isgur


Court Affirms Denial of Cross-Motions for Summary Judgment in Cyber Claim

    The appellate court found that cross-motions for summary judgment filed by the insured and insurer for a claim arising from computer fraud were properly denied. G&G Oil Co. of Ind. v. Cont'l W. Ins. Co ., 2021 Ind. LEXIS 182 (Ind. March 18, 2021).      G&G Oil discovered one morning it was locked out of its computer system. Its hard drives were encrypted, and one screen prompted: "To decrypt contact [email user]. Enter password." In order to decrypt the contents of its own drives, G&G Oil b...
Tags: Supreme Court, Insurance, Fbi, Continental, Court of Appeals, Tred Eyerly, First Party Insurance, Cyber Risk, G G Oil Co of Ind, Cont l W Ins Co, G G Oil, G G Oil G G Oil, G Oil, Therefore G G Oil


Morning Docket: 05.05.21

* Attorneys in the Gates divorce also worked on the Bezos split-up. Maybe Gates read a good online review of the lawyer written by Bezos... [CNN] * A Kevin Spacey accuser must reveal his name in order for his lawsuit to proceed. [Huff Post] * The military promotion of the South Dakota Attorney General has been blocked because of his involvement in a deadly car collision last year. [ABC News] * Coca-Cola is pausing its plan to incentivize the use of diverse attorneys after the general counse...
Tags: New York Post, Coca-cola, Supreme Court, Law, Uncategorized, South Dakota, Bill Gates, Kevin Spacey, Jeff Bezos, Melinda Gates, Bezos, Huff Post, Morning Docket, MacKenzie Bezos, Juris Lab, ABC News -RSB- Coca Cola


The morning read for Tuesday, May 4

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: Justice Clarence Thomas, Long Silent, Has Turned Talkative (Adam Liptak, The New York Times) Supreme Court declines to revisit precedent that restricts lawsuits from service members (Robert Barnes, The Washington Post) Justice Clarence Thomas says ex-West Point ...
Tags: Maryland, Supreme Court, Law, West Point, Washington Post, Associated Press, Round-up, Robert Barnes, Adam Liptak, Clarence Thomas, New York Times Supreme Court, Feres Doctrine, Clarence Thomas Long, Pete Williams NBC News Supreme Court, Meghann Myers Military Times Supreme Court


SCOTUS argument in Terry suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity

On Tuesday morning, the Supreme Court heard oral argument in Terry v. United States, and the full oral argument is available here via C-SPAN.  The full argument runs nearly 90 minutes and the quality of the advocacy makes it worth the full listen.  But one can get a much quicker flavor of the tenor of the discussion from just a scan of the headlines of these press accounts of the argument: From the AP, "Supreme Court skeptical of low-level crack offender’s case" From Bloomberg Law, "Biden Switch...
Tags: Supreme Court, Law, US, United States, Terry, Trump, Douglas A Berman, Reuters U S Supreme Court, Terry Terry, AP Supreme Court, Tarahrick Terry, Bloomberg Law Biden, From USA Today Supreme Court, From the Washington Post Supreme Court


Terry v. US, the final SCOTUS argument of Term, provides yet another reminder of the persistent trauma and drama created by the 100-1 crack ratio

It was 35 years ago, amid intense media coverage of a "crack epidemic" and the overdose death of basketball star Len Bias, when Congress passed the Anti-Drug Abuse Act of 1986 with the 100-to-1 powder/crack cocaine quantity ratio defining severe mandatory minimum sentencing terms.  As the US Sentencing Commission explained in this 1995 report, Congress "dispensed with much of the typical deliberative legislative process, including committee hearings," when enacting this law, and "the abbreviated...
Tags: Supreme Court, Law, Congress, US, United States, Kardashian, Biden, Terry, U S Supreme Court, Christian Science Monitor, Len Bias, Douglas A Berman, US Sentencing Commission, Ekow Yankah, Henry Gass, Tarahrick Terry


New York City Bar Association to host webinar on CVSGs with Neal Katyal

On Tuesday, May 4, at 6 p.m. EDT, the patents committee of the New York City Bar Association will host a webinar with Neal Katyal, former acting solicitor general of the United States, discussing how the views of the solicitor general’s office can influence the Supreme Court’s decisions. The solicitor general is often called the “10th justice” of the Supreme Court because the court, which seldom asks for anyone else’s opinion, will solicit the opinion of the executive branch in many cases,even ...
Tags: Supreme Court, Law, United States, Neal Katyal, New York City Bar Association, Event Announcements


The biggest leak in Supreme Court history

In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had a serious leak on its hands. Judge John Owens of the U.S. Court of Appeals for the 9th Circuit joins SCOTUStalk to tell the tale of Ashton Embry, the Supreme Court clerk who was at the center of the scandal. He also shares stories from his time clerking for Justice Ruth Bader Ginsburg, opens up about how the 9th Circuit is coping in the COVID era, and reveals his thoughts on cameras i...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, U S Court of Appeals, John Owens, SCOTUStalk, Ashton Embry the Supreme Court


Court names military attorney as second-ever female marshal

Col. Gail Curley, an attorney in the U.S. Army who has advised military leaders on national security law, will be the Supreme Court’s new marshal, the court announced on Monday. Curley succeeds Pamela Talkin, the first woman to serve as marshal, who retired last year after 19 years on the job. Curley, who will begin her new position on June 21, comes to the court 30 years after graduating from West Point with a bachelor’s degree in political science. She received her law degree from the Univers...
Tags: Featured, Supreme Court, Law, West Point, Germany, Afghanistan, Army, U S Army, Howe, University of Illinois College of Law, Curley, What's Happening Now, Pamela Talkin, Gail Curley, National Security Law Division, Supreme Court Police Force


In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy case quietly frames profound issues of justice. But, doubtful readers, rest assured that Terry v. United States – which the Supreme Court will hear on Tuesday in the final argument of its 2020-21 term – packs so many swirling issues of great importance into an absurdly little case, it can hardly be believed. The national debate on historical racism in our criminal punishment sys...
Tags: Florida, Featured, Supreme Court, Law, Congress, White House, Barack Obama, United States, Aclu, Kardashian, Biden, Donald Trump, Terry, Justice Department, Jared, Trump


Invention of a Slave: 2021 Redux

by Dennis Crouch Tormasi v. Western Digital, Docket No. 20-1396 (Supreme Court 2021) Walter Tormasi is a prisoner in the New Jersey state prison system. He is serving a life sentence for murdering his mother when he was 16 years old after apparently receiving encouragement from his father, Attila. Tormasi is also a patentee.  His U.S. Patent No. 7,324,301 covers a computer hard-drive that allows for “simultaneously and independently” reading and/or writing on different carrier surfaces within t...
Tags: Supreme Court, Law, United States, New Jersey, Patent, Western Digital, Lewis, Trenton, Chen, Casey, Federal Circuit, Stoll, Wallach, John Kane, New Jersey New Jersey, Brooks Kushman


The morning read for Monday, May 3

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Monday morning read: Student Speech Case Falling Flat at Court? (Kenneth Jost, Jost on Justice) Petty Sticklerism That Fortuitously Benefits An Undocumented Immigrant is Still Petty Sticklerism (Michael Dorf, Dorf on Law) Supreme Court’s Ethics Problems Are Bigger Than Coney Barrett (Tim...
Tags: Supreme Court, Law, Round-up, Steve Vladeck, Neil Gorsuch, Kenneth Jost Jost, Coney Barrett Timothy O Brien Bloomberg, Supreme Court Mario Nicolais


"Justice Clarence Thomas, who once went a decade without asking a question from the Supreme Court bench, is about to complete a term in which he was an active participant in every single argument...."

"The justices now ask questions one at a time, in order of seniority. Justice Thomas, who joined the court in 1991, goes second, right after Chief Justice John G. Roberts Jr., asking probing questions in his distinctive baritone....  If Justice Thomas’s questions differed from those of his colleagues, it was in their courtesy. He almost never interrupted lawyers, though he asked pointed follow-up questions if there was time left. Some of his most memorable comments were colorful asides. Over...
Tags: Supreme Court, Law, Louisiana, Thomas, Adam Liptak, Clarence Thomas, John G Roberts Jr, Unsaid Things, Race Consciousness, Ann Althouse, Georgetown 's Supreme Court Institute, Irv Gornstein


Justices turn down cadet’s attempt to sue government over sexual assault

The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices announced on Monday morning that they will not hear oral argument in Doe v. United States, one of the cases that they considered at their private conference last week. The justices also called for the federal government’s views in two cases, but they once again did not act on a closely watched challenge to a Mississippi law that would gener...
Tags: Featured, Mississippi, Supreme Court, Law, West Point, Congress, United States, DOE, Thomas, Dobbs, Howe, Jane Doe, American Axle, Goldstein Russell, United States Military Academy, FTCA


Supreme Court offers Hope on Eligibility Case

by Dennis Crouch American Axle & Manufacturing, Inc.,  v. Neapco Holdings LLC (Supreme Court 2021) The Supreme Court today called for the views of the Solicitor General (CVSG) in this important patent eligibility case. “The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.” In a pair of briefs filed in 2019, then Solicitor General Noel Francisco argued that the Court should hear a new eligibility case to clarify its precedent: “the Court’...
Tags: Supreme Court, Law, Court, Hp, United States, Patent, Hikma, Dennis Crouch, the Court, Trump Administration, Noel Francisco, Berkheimer, American Axle Manufacturing Inc, Biden Administration, Federal Circuit Narrows Application of Hooke, Vanda These


Another round of early (mostly critical) commentary on Jones

I shared in this post some of my first thoughts about the Supreme Court's new Eighth Amendment juvenile LWOP decision in Jones v. Mississippi, No. 18-1259 (S. Ct. April 22, 2021) (available here), and then I rounded up a few days later in this post some notable initial critical commentary.  Just over a week later, I have seen a number of additional notable takes on the ruling, and here is another abridged round up:  From Andrew Cohen, "Supreme Court: Let’s Make It Easier for Judges to Send Teena...
Tags: Mississippi, Supreme Court, Law, Alabama, Jones, Miller, Andrew Cohen, Douglas A Berman, LWOP, Daniel Pollack, Christine Sarteschi, Statistics From Beth Schwartzapfel Supreme Court, Jones Evan Miller


Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


With new good behavior rules, is California on track to achieve historic "cut 50" in its prison population?

The question in the title of this post is prompted by this new AP article, headlined "76,000 California inmates now eligible for earlier releases," though it also picks up on a broader, decades-long prison reform story in the Golden State. First, from the AP: California is giving 76,000 inmates, including violent and repeat felons, the opportunity to leave prison earlier as the state aims to further trim the population of what once was the nation’s largest state correctional system. More than 6...
Tags: Supreme Court, Law, California, Ap, U S Supreme Court, Legislature, Golden State, Simas, Plata, Dana Simas, Douglas A Berman, Kent Scheidegger, Criminal Justice Legal Foundation, Golden State First, Gov Schwarzenegger, state Office of Administrative Law


Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit


Controlled substances, political ads and employee transfers

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether doctors may argue “good faith” as a defense for violating the Controlled Substances Act in prescribing pain medication, whether the Philadelphia transit system can prohibit political advertisements on its buses, and whether an employee who is transferred to a new job with the same pay and benefits as before can bring a claim of employment discrimination. In Ruan v. United States, Dr. Xiulu ...
Tags: Featured, Minnesota, Supreme Court, Law, City, United States, Philadelphia, Savage, Kessler, Lehman, U S Court of Appeals, Federal Circuit, U S Court of Appeals for the Federal Circuit, 11th Circuit, Cole, 4th Circuit


Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer


"Many of us view the practice of pronoun declaration as asking us to sign on to an ideology we do not share: that we all have an internal gender identity..."

"... which may or may not 'match' our sex, and that the third-person pronoun someone uses to describe us should reflect this identity rather than our sex. People call me 'she' because that is the third-person pronoun we generally use to describe female humans (and other animals), and I take that to mean nothing more than that they have correctly recognized me as female. However, announcing that 'my pronouns are she/her' would mean something very different: an indication that 'woman' represents m...
Tags: Supreme Court, Bullying, Law, Planned Parenthood, Etiquette, China, Religion, Transgender, Autism, Grammar, Casey, Ann Althouse, Gender Difference, Althouse, Darth, Gender Privacy


The morning read for Friday, April 30

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Friday morning read: A Sharp Divide at the Supreme Court Over a One-Letter Word (Adam Liptak, The New York Times) Immigrant Seeking to Challenge Removal Prevails with Unusual Supreme Court Line-up (Jonathan Adler, The Volokh Conspiracy) Supreme Court Conservatives Just Made It Easier to ...
Tags: Supreme Court, Law, Round-up, Jonathan Adler, Steven Mazie, Sharp Divide, Unusual Supreme Court Line, Volokh Conspiracy Supreme Court, Clay Jenkinson


One new case, two issues of appellate procedure

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. A lot of movement on the relist front this week. The court granted review in relisted cases involving the first two amendments to the U.S. Constitution, summarily overturned a court of appeals decision in a relisted habeas case for the second time in a month, and denied leave to file an “original jurisdiction” lawsuit between two st...
Tags: Health, Featured, Maryland, Supreme Court, Law, United States, Johnson, DOE, Ericsson, Tcl, Ortiz, Scott, HARRIS, Allen, Dobbs, Fifth Third Bancorp


Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by pr...
Tags: Featured, Supreme Court, Law, John Roberts, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Niz Chavez


The morning read for Thursday, April 29

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Thursday morning read: A Lively Supreme Court Argument Over a Cheerleader’s Vulgar Rant (Adam Liptak, The New York Times) The free speech case so complicated it seems to have stumped the Supreme Court (Ian Millhiser, Vox) U.S. Supreme Court Wary About Extending School Authority Over Stud...
Tags: Supreme Court, Law, New York Times, Round-up, Adam Liptak, Lively Supreme Court, Grab State Land Ellen Gilmer Bloomberg Law, Marc Heller Pamela King


Justices weigh available defenses to criminal re-entry for certain immigrants

The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. In Refugio Palomar-Santiago’s case, that prior removal order did exist. However, the Supreme Court’s 2004 decision in Leocal v. Ashcroft, decided after the entry ...
Tags: Featured, Supreme Court, Law, Congress, United States, Ross, Thomas, Sonia Sotomayor, Garcia, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Is Justice Kavanaugh eager to bring proportionality review to government sanctions ... to protect speech under the First Amendment?

It comes as no suprise that a lot of attention is being given to the Supreme Court case argued today inolving a First Amendment claim brought by a young public high schooler suspended from the cheerleading squad for dropping f-bombs on his Snapchat.  This Politcio piece reviews the basics of the arguments, and I was both surprised and struck by a comment during argument by Justice Kavanaugh.  Here, via this oral argument transcript from Mahanoy Area School Dist. v. B. L., is the comment and cont...
Tags: Supreme Court, Law, Jones, Kavanaugh, Douglas A Berman, Mahanoy Area School Dist



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