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Another accounting of Justice Ginsburg's criminal justice legacy

I receive via email from Arizona State College of Law's Academy for Justice a terrific review (with links) of some of Justice Ruth Bader Ginsburg major work in criminal justice cases during her tenure on the Court, as well as some leading scholarship discussing this work. I got permission to reprint this collection here, so: Some of Justice Ginsburg's Criminal Justice Opinions : Timbs v. Indiana, 586 U.S. ___ (2019) (Excessive Fines Clause) Perry v. New Hampshire, 565 U.S. 228 (2012) (eyewitne...
Tags: Florida, Law, Alabama, Indiana, United States, New Hampshire, Arizona, New Mexico, Ruth Bader Ginsburg, Terry, Miller, Thomas, Perry, Ginsburg, Chandler, Shelton


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


New PatentlyO Law Journal Essay: Two Errors in the Ninth Circuit’s Qualcomm Opinion

New PatentlyO Law Journal article by Thomas F. Cotter, Taft Stettinius & Hollister Professor of Law, University of Minnesota Law School, and Innovators Network Foundation Intellectual Property Fellow.  Professor Cotter is also the author of the Comparative Patent Remedies blog.  Abstract: On August 11, 2020, the Ninth Circuit handed down its opinion in Federal Trade Commission v. Qualcomm Inc., reversing the district court’s judgment in favor of the FTC. This essay argues that the Court of Appe...
Tags: Google, Microsoft, Law, Dc, Qualcomm, Patent, Journal, Alice, Federal Trade Commission, Ftc, Donald, Thomas, PAUL, Court of Appeals, Mayo, Duffy


Empirical SCOTUS: If Ginsburg were to leave the court, her departure might resemble Thurgood Marshall’s

Justice Ruth Bader Ginsburg’s health is in the news again this year. She announced last month that she was being treated with chemotherapy — the fourth time since 1999 that she has battled cancer. After she was diagnosed with pancreatic cancer in 2009, she resisted pressure to retire from the Supreme Court under the Obama administration. With multiple hospital stays this year and the cancer recurrence, many question how long she will be able to stay on the court and whether her tenure will outla...
Tags: Supreme Court, Law, Obama, Senate, Barack Obama, Georgia, Reagan, Donald Trump, Ruth Bader Ginsburg, Kennedy, Trump, Marshall, Bush, Thomas, Antonin Scalia, John Roberts


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


“A scalpel rather than a bulldozer”: Severability is in the spotlight as the newest ACA challenge looms

Abbe R. Gluck is a professor of law and faculty director of the Solomon Center for Health Law and Policy at Yale Law School. What is the Supreme Court to do with the rest of a statute when it finds one provision unconstitutional? That is the question a long-out-of-the-limelight doctrine — the “severability doctrine” — tries to answer. Should the court hold only the one provision invalid and leave the rest of the statute intact? Should it invalidate provisions especially linked to the offending o...
Tags: Texas, Featured, Supreme Court, Law, Obama, Congress, California, House, House Of Representatives, Medicare, Department Of Justice, Doj, ACA, Alaska Airlines, Thomas, Brock


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


John Roberts: Mr. First Amendment

Ronald Collins is the books editor for SCOTUSblog. He is the co-founder and co-chair of the First Amendment Salons and was formerly the Harold S. Shefelman scholar at the University of Washington School of Law. David Hudson, Jr. is an assistant professor of law at Belmont University. He is the author, co-author or co-editor of numerous books, and he has published widely on First Amendment issues. “I would never underestimate his ability to influence people.” – Joan Biskupic, discussing her book ...
Tags: Featured, Supreme Court, Law, Colorado, Massachusetts, Court, United States, Citizens United, Quinn, Price, Madison, Kennedy, Trump, Marshall, Thomas, Reed


In Eligibility Doctrine – What Claim Elements do you Ignore?

by Dennis Crouch Thomas v. Iancu (Supreme Court 2020) Doug Thomas is a silicon valley patent attorney at a small (and thriving) firm. Thomas is also a prolific inventor and entrepreneur. In April 2020, I wrote about the Federal Circuit’s opinion affirming a USPTO rejection of his claimed method of “notifying users having patents of subsequent publications that reference the patents.”  The April decision was one of four cases that he has brought to the Federal Circuit: In re Thomas, Appeal No....
Tags: Supreme Court, Law, Congress, Court, Uspto, Patent, Alice, Board, Thomas, Federal Circuit, Dennis Crouch, Doug Thomas, Diehr, Mayo Alice, CLS Bank Int, Alice Corp Pty Ltd


Symposium: On Trump tax returns, the latest battles may be over, but the war rages on

John Malcolm is vice president of the Institute for Constitutional Government at The Heritage Foundation. President Donald Trump is one step closer to having to disclose his financial records. But, as Yogi Berra said, “It ain’t over till it’s over.” The fight will go on, and the ultimate issue — will Trump have to disclose and, if so, to whom — will likely not be resolved until after the November election. First, some background. During his presidential run, Trump broke with precedent and refuse...
Tags: Featured, Supreme Court, Law, Congress, California, Court, United States, House, Bill Clinton, Party, Donald Trump, George W Bush, Irs, Jones, Clinton, Trump


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: Channeling an old chief to reject a new immunity

Toby J. Heytens is solicitor general and Martine Cicconi is deputy solicitor general of the Commonwealth of Virginia, which filed an amicus brief on behalf of 15 states and the District of Columbia in support of the respondent in Trump v. Vance. Writing for the Supreme Court in Trump v. Vance, Chief Justice John Roberts began with a history lesson. “In the summer of 1807,” he narrated, “all eyes were on Richmond, Virginia,” where “Aaron Burr, the former Vice President, was on trial for treason.”...
Tags: New York, Featured, Law, Congress, Virginia, Manhattan, Department Of Justice, District Of Columbia, Donald Trump, Trump, Marshall, Thomas, State, Thomas Jefferson, John Roberts, Vance


Chief Justice Roberts Declares SG’s Arguments A Dead Parrot — See Also

Does A Pair Of 7-2 SCOTUS Decisions Mean The End Of Retirement Talk? Now that Alito and Thomas find themselves on the outs... The Latest In The Jones Day Gender Discrimination Litigation: Plaintiffs really want that black box opened. I Bet You Thought Staying Awake Was The Bare Minimum: You'd be wrong. "Let's Twerk For Diversity!" I just can't with people anymore.
Tags: Law, Thomas, Roberts, Alito, See Also


Symposium: A better way to limit Congress’ subpoena power

Ilya Somin is a law professor at George Mason University, and author of “Free to Move: Foot Voting, Migration, and Political Freedom.” Some parts of this post have been adapted from a previous piece on the Volokh Conspiracy blog, hosted by Reason. Today’s Supreme Court decision in Trump v. Mazars establishes a vague and unwieldy four-part test for determining when congressional committees can subpoena documents from the president. The court understandably and rightly rejected both the president’...
Tags: Featured, Supreme Court, Law, Congress, United States, House, House Of Representatives, Ncaa, Clinton, Trump, Thomas, New Deal, John Roberts, Murphy, George Mason University, Roberts


Opinion analysis: Disputes over Trump financial records to continue

This morning the Supreme Court issued its long-awaited rulings in the battle over efforts to obtain financial records belonging to President Donald Trump. By a vote of 7-2, the justices sent a pair of cases challenging congressional subpoenas for the records back to the lower courts for another look, holding that subpoenas involving the president must be subject to a tougher standard than the courts had applied. In a third case, in which the president challenged a subpoena by a Manhattan distric...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, House, House Of Representatives, Manhattan, Deutsche Bank, Donald Trump, Trump, Cyrus Vance, Thomas, John Roberts, Vance


Thomas & Alito Retirement Hoopla Canceled Now That Gorsuch & Kavanaugh Are Cucks

Trump's recent appointments weren't willing to burn constitutional law to the ground to help Trump and that rankles the older conservatives.
Tags: Supreme Court, Law, Courts, Trump, Thomas, Alito, Clarence Thomas, Samuel Alito, Kavanaugh, Gorsuch, Brett Kavanaugh, Neil Gorsuch


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


"The Supreme Court ruled Wednesday teachers at religious schools are foreclosed from bringing workplace discrimination cases against their employers."

"The 7-2 ruling said the lawsuits could not move forward due to the “ministerial exception” and court precedent, which has held the First Amendment protects religious institutions from some workplace discrimination complaints."The Washington Times reports.AND: A second case announced this morning — "In Little Sisters of the Poor v. Pennsylvania, the justices upheld a federal rule exempting employers with religious or moral objections from providing contraceptive coverage to their employees under...
Tags: Supreme Court, Education, Law, Court, Pennsylvania, Birth Control, Poor, Nuns, Thomas, Ginsburg, The Washington Times, Sotomayor, Breyer, Kagan, Clarence Thomas, RFRA


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


Dare criminal justice reformers imagine SCOTUS without both Justice Alito and Justice Thomas?

Because there are no more juicy criminal law or sentencing cases left on the SCOTUS docket as an unusual Term winds down, I cannot help but spend time speculating about the future of the Court.  In an election year, of course, that includes imagining who might be appointed (and might be doing the appointing) for the next four years.  But this recent Fox News piece, headlined "Supreme Court rumor: Hugh Hewitt claims Alito retirement being floated," has me eager to imagine some SCOTUS transitions ...
Tags: Supreme Court, Law, Washington Post, Senate, White House, Conservative, Joe Biden, Gop, Fox News, Costa, Trump, Thomas, Hewitt, John Roberts, Hugh Hewitt, Pence


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


Retirement Is For Quitters — See Also

Kathryn Rubino made a Lebowski joke in yesterday's See Also and it's inspired me to keep going with my all Lebowski rundowns from Monday. Strong Men Also Cry, Strong Men Also Cry: Thomas and Alito allegedly considering retirement and prepare to disappoint a lot of Trump officials hoping for another vacancy. Well, Okay, You're Not Privy To All The New Shit: The state bar examiners may not be following the news, but there's an upsurge in COVID cases and they're going to go ahead with July bar ex...
Tags: Law, St Louis, Trump, Thomas, Larry, Alito, Troutman Sanders, Pepper Hamilton, Lebowski, Kathryn Rubino, See Also


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: 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


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Opinion analysis: Justices uphold condition for HIV/AIDS funding

Seven years ago, the Supreme Court ruled that nongovernmental organizations based in the United States cannot be required to have a policy that expressly opposes prostitution and sex trafficking in order to receive government funds to fight HIV/AIDS. However, by a vote of 5-3, the court held today in U.S. Agency for International Development v. Alliance for Open Society International that enforcement of a similar requirement against the foreign affiliates of the same U.S.-based NGOs does not vio...
Tags: Featured, Supreme Court, Law, Congress, Cnn, United States, Thomas, Sonia Sotomayor, U S Agency for International Development, Howe, U S Court of Appeals, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Kavanaugh



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