Posts filtered by tags: U S Court of Appeals[x]


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

Petitions of the week: A pair of cases on Trump and the emoluments clauses

This week we highlight two new cert petitions that ask the Supreme Court to decide whether business competitors of the Trump International Hotel have the right to sue the president under the Constitution’s emoluments clauses. Trump v. Citizens for Responsibility and Ethics in Washington and Trump v. District of Columbia involve challenges to President Donald Trump’s ownership interest through the Trump Organization in various properties and restaurants in New York and Washington, including the T...
Tags: New York, Featured, Maryland, Supreme Court, Law, Washington, United States, District Of Columbia, Donald Trump, Faa, Pitch, Sparks, Trump, Democratic, Goldman Sachs Group Inc, Levinson

Ask the author: The evasive virtues and Supreme Court confirmation hearings

The following is a series of questions posed by Ronald Collins to Ilya Shapiro concerning his forthcoming book, Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (Regnery Gateway, 2020). Ilya Shapiro is the director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute and publisher of the Cato Supreme Court Review. He is the co‐author of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014...
Tags: Featured, Supreme Court, Law, Obamacare, Obama, Congress, Washington, Senate, White House, Barack Obama, Fbi, United States, Davis, Mitch McConnell, Donald Trump, Ruth Bader Ginsburg

Event announcement: Syracuse Law 2020 Supreme Court Preview

On Friday, Sept. 25, at 1:30 p.m. EDT, Syracuse College of Law will host a virtual panel to discuss major cases set for the 2020-21 Supreme Court term. The panel will be moderated by Syracuse Law Vice Dean Keith Bybee and will feature New York Times Supreme Court Correspondent Adam Liptak, litigators Reeves Anderson of Arnold & Porter and Upnit Bhatti of Orrick, and Judges Mae D’Agostino of the U.S. District Court for the Northern District of New York and Rosemary Pooler of the U.S. Court of App...
Tags: Supreme Court, Law, Cle, Adam Liptak, U S Court of Appeals, Orrick, Arnold Porter, New York Times Supreme Court, Syracuse College of Law, Keith Bybee, Reeves Anderson, Event Announcements, Rosemary Pooler, Syracuse Law 2020 Supreme Court Preview, Upnit Bhatti, Mae D'Agostino

Petitions of the week: Capital punishment, sex discrimination, Trump’s Twitter and more

This week we highlight recent cert petitions that ask the Supreme Court to weigh in on an obsolete sentencing practice for the death penalty, the extent of Title IX’s protections against sex discrimination, and President Donald Trump’s use of Twitter. In McMillan v. Alabama, an inmate on death row wants the court to review the constitutionality of his death sentence, which was imposed by a judge after the jury voted 8-4 for life imprisonment. A judicial override procedure for death sentences was...
Tags: Featured, Maryland, Supreme Court, Law, Alabama, United States, Williams, Donald Trump, Bose, Trump, HARRIS, 9th Circuit, Paxton, Tribe, U S Court of Appeals, McMillan

Trump releases new list of potential Supreme Court nominees

With just under two months remaining before the 2020 presidential election, President Donald Trump on Wednesday released a new list of potential Supreme Court nominees – his fourth such list since 2016. The announcement of the new list fulfilled a promise that the president made in a tweet in June, when Trump pledged not only to publish a “new list of Conservative Supreme Court Justice nominees” but also to fill any future vacancies on the court from that list. In a news conference at the White ...
Tags: Texas, Featured, Supreme Court, Law, Obama, Washington, Mexico, White House, Lgbt, Court, United States, Ronald Reagan, Department Of Justice, Donald Trump, George W Bush, Paul Clement

Empirical SCOTUS: The importance of state court cases before the Supreme Court

Supreme Court review is often thought of as mainly monitoring the federal courts and circuit splits. The reasons for this are obvious. Article III of the Constitution gives the Supreme Court broad authority to review questions of federal law, but the court’s power to supervise state courts has been limited since the Judiciary Act of 1789, which made clear that the Supreme Court cannot review state court judgments on questions of purely state law. Rule 10 of the Supreme Court Rules, which sets fo...
Tags: Featured, Mississippi, Supreme Court, Law, South Dakota, Hogan Lovells, Ford Motor, American Bar Association, Jones, Ford Motor Company, Roberts, Neal Katyal, U S Chamber of Commerce, U S Court of Appeals, Eric Miller, Espinoza

Petitions of the week: Warrantless home searches, border-wall funding and more

This week we highlight cert petitions that ask the Supreme Court to decide whether police, without a warrant, may enter a home and remove weapons under a “community caretaking” exception and whether Congress authorized the Trump administration’s spending on the U.S.-Mexico border wall. In Caniglia v. Strom, officers questioned Edward Caniglia at his home after his wife expressed concern that he might be suicidal. They took him to a hospital and then entered the home and removed two handguns. The...
Tags: Featured, Supreme Court, Law, Congress, Mexico, Defense, United States, Graham, Pentagon, Connor, Jackson, Taser, Donald Trump, Department Of Homeland Security, Sierra Club, Trump

Petitions of the week: Voter citizenship, union organizing and more

This week we highlight cert petitions that ask the Supreme Court to decide the constitutionality of a Kansas law on voter registration and a California law on union organizing. Schwab v. Fish involves a Kansas law that requires documentary proof of U.S. citizenship in order to register to vote. Two lawsuits, later consolidated, maintained that the requirement violates the 14th Amendment by burdening the right to vote and is preempted by the National Voter Registration Act. Section 5 of the NVRA,...
Tags: Featured, Supreme Court, Law, California, Kansas, Puerto Rico, U S Court of Appeals, Schwab, 2nd Circuit, Hassid, Cases in the Pipeline, NVRA, U S Court of Appeals for the 9th Circuit, Cedar Point Nursery, Andalusian Global Designated Activity Company, Big Port Service DMCC

The UK Supreme Court’s Re-interpretation of FRAND in Unwired Planet v. Huawei

Guest post by University of Utah College of Law Professor Jorge L. Contreras.  In its Judgment of 26 August 2020, [2020] UKSC 37, the UK Supreme Court affirms the lower court decisions ([2017] EWHC 711 (Pat) and [2019] EWCA Civ 38) in the related cases Unwired Planet v. Huawei and ZTE v. Conversant [I discuss the High Court’s 2017 decision here].  The judgment largely favors the patent holders, and holds that a UK court may enjoin the sale of infringing products that incorporate an industry sta...
Tags: UK, Supreme Court, Law, China, Nokia, Court, Eu, High Court, Commission, European Commission, Court of appeal, UK supreme court, Huawei, Qualcomm, Patent, Ericsson

Court allows government to proceed with execution of Native American inmate

The Supreme Court on Tuesday night declined to block the execution, scheduled for Wednesday, of Lezmond Mitchell, the only Native American on federal death row. The justices, without any noted dissents, denied two emergency requests from Mitchell seeking to postpone the execution. Mitchell had argued that he should be given the opportunity to interview his jurors about potential bias during deliberations and that the government’s planned lethal-injection protocol violates federal law. If the exe...
Tags: Featured, Supreme Court, Law, Colorado, Court, Arizona, Justice Department, Mitchell, Sonia Sotomayor, Howe, U S Court of Appeals, Sotomayor, Daniel Lee, Pena Rodriguez, Capital Cases, Emergency appeals and applications

Fastcase Names Its 10th Annual ‘Fastcase 50’ Honorees

Every year since 2011, the legal publisher Fastcase has presented its Fastcase 50 award, which honors 50 individuals who are judged to be the year’s “smartest, most courageous, innovators, techies, visionaries, and leaders in the law.” Today, Fastcase named its honorees for 2020, and the list includes a diverse group of lawyers, legal technologists, law librarians, judges, bar association leaders, legal innovators, startup founders, and others. Sadly, this year’s roster also includes four indivi...
Tags: Law, Uncategorized, Federal Trade Commission, Fastcase, Harvard Law School, Daniel, Michigan Supreme Court, Brad Smith, D C Circuit, U S Court of Appeals, Jeff Kelly, Bryan Stevenson, Cadwalader Wickersham Taft LLP, Ed Walters, Rohit Chopra, Georgetown University Law Center

Friday round-up

Two new cert petitions from the Trump administration were in the news Thursday: one involving the death penalty for the Boston Marathon bomber and the other involving President Donald Trump’s practice of blocking people on Twitter. In the Boston bombing case, the Justice Department is asking the Supreme Court to review a ruling from the U.S. Court of Appeals for the 1st Circuit that vacated the death sentence for Dzkokhar Tsarnaev, CNN’s Connor Spielmaker, Sonia Moghe and Paul LeBlanc report. Ts...
Tags: Twitter, Supreme Court, Law, Boston, Cnn, United States, Boston Marathon, Donald Trump, Wall Street Journal, Justice Department, Aba, Trump, Round-up, Walsh, Coyle, Jess Bravin

Petitions of the week: Atlantic Ocean canyons, Utah wilderness roads and more

This week we highlight cert petitions that ask the Supreme Court to weigh in on a pair of disputes with environmental implications. Massachusetts Lobstermen’s Association v. Ross involves the intersection of two federal statutes and a stretch of the Atlantic Ocean containing three deep-sea canyons and four underwater mountains. The National Marine Sanctuaries Act governs the protection of marine areas, delegating authority to the president but also requiring a specific process for the designatio...
Tags: Utah, Featured, Supreme Court, Law, Congress, Barack Obama, United States, Donald Trump, Ross, Jones, Atlantic Ocean, U S Court of Appeals, 10th Circuit, Cases in the Pipeline, Wilderness Society, United States and United States

Native American inmate asks court to stay execution

The only Native American on federal death row has asked the Supreme Court to put his death sentence on hold. In , Lezmond Mitchell urged the justices to stay his execution, scheduled for Aug. 26, while they consider whether to take up his claim that he should be able to interview the jurors who convicted him about whether their deliberations were tainted by racial bias. Mitchell, a Navajo man, was convicted of the 2001 carjacking and stabbing deaths of Alyce Slim and her nine-year-old granddaug...
Tags: Featured, Supreme Court, Law, Colorado, Department Of Justice, Mitchell, Howe, Navajo, U S Court of Appeals, Pena Rodriguez, Capital Cases, Emergency appeals and applications, Lezmond Mitchell, Alyce Slim

Academic highlight: Oldfather on the “Inconspicuous DHS” and celebrity culture on the modern court

Thirty years ago, President George H.W. Bush made the surprising choice to nominate the enigmatic David H. Souter to the Supreme Court. As Professor Chad Oldfather explains in a new article, “The Inconspicuous DHS: The Supreme Court, Celebrity Culture, and David H. Souter,” we are unlikely to see anyone like Souter ascend to the highest court in the land again. In large part, this is because Souter is perceived as having let down conservatives. “No more Souters!” has become a rallying cry of con...
Tags: Featured, Supreme Court, Law, Planned Parenthood, Washington, New Hampshire, Ruth Bader Ginsburg, Sherry, Southwest, Harvard Law School, Antonin Scalia, George H W Bush, U S Court of Appeals, Casey, Anthony Kennedy, Baum

Justices appoint Utah law professor to defend structure of Federal Housing Finance Agency

The Supreme Court on Monday appointed Aaron Nielson, a professor at Brigham Young University’s J. Reuben Clark Law School, as a “friend of the court” in Collins v. Mnuchin, in which the justices are likely to hear argument this fall. Nielson, an expert on administrative law, will defend the constitutionality of the structure of the Federal Housing Finance Agency after the federal government declined to do so. The case is a dispute between shareholders of Fannie Mae and Freddie Mac and the FHFA, ...
Tags: Utah, Featured, Supreme Court, Law, Washington, Treasury, Collins, Paul Clement, Kirkland Ellis, Freddie Mac, Brigham Young University, Howe, Alito, U S Court of Appeals, Elena Kagan, Consumer Financial Protection Bureau

Court will not stay NCAA athlete-compensation ruling

The Supreme Court declined on Tuesday to block a lower-court ruling that allows colleges and universities to pay some student-athletes for expenses related to education. The National Collegiate Athletic Association and a group of athletic conferences had asked the justices to stop the ruling by the U.S. Court of Appeals for the 9th Circuit from going into effect while they seek review of that decision in the Supreme Court. Justice Elena Kagan, who handles emergency requests from the 9th Circuit,...
Tags: Featured, Supreme Court, Law, California, Court, Ncaa, 9th Circuit, Howe, U S Court of Appeals, Elena Kagan, Kagan, NCAA Division, Seth Waxman, Emergency appeals and applications, The National Collegiate Athletic Association

Petitions of the week: Religious employees, religious developers and more

This week we highlight cert petitions pending before the Supreme Court that ask the court to assess, among other things, claims of religious discrimination under Title VII of the Civil Rights Act of 1964 and standing requirements under the Religious Land Use and Institutionalized Persons Act. In Dalberiste v. GLE Associates Inc., a Seventh-Day Adventist claims he did not receive a reasonable accommodation from a Florida firm so that he could have Saturdays off to observe the Sabbath. He asks the...
Tags: Florida, Supreme Court, Law, U S Court of Appeals, Barr, FTI Consulting Inc, 2nd Circuit, Cases in the Pipeline, Pomona New York, Hardison, Merit Management Group LP, U S Courts of Appeals, Robert R McCormick Foundation, Michigan State University Board of Trustees, Trans World Airlines Inc, Dalberiste

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

Tuesday round-up

This week marks the 10-year anniversary of Justice Elena Kagan’s confirmation to the Supreme Court, and USA Today’s Richard Wolf examines the heavy influence she has had during her first decade as a justice. Kagan’s ability to find common ground with conservative justices – and to pick her battles when she dissents – has helped the court maintain “most of its luster as the least political branch of the federal government,” Wolf writes. At the same time, the political branches continue to focus o...
Tags: Supreme Court, Law, Washington Post, Nbc News, Barack Obama, Joe Biden, Indiana, Cnn, Nevada, Circuit, Usa Today, Round-up, Wolf, John Roberts, Josh Blackman, Roberts

Monday round-up

August is here and the Supreme Court is well into its summer recess, but the court has been anything but quiet. Since July 9, when the court handed down its final opinions in argued cases for the 2019-20 term, the justices have continued to issue a string of high-profile rulings in response to emergency requests in ongoing litigation. Most recently, as Amy Howe reports for SCOTUSblog (in a story first published at Howe on the Court), the court on Friday afternoon allowed the construction of Pres...
Tags: Supreme Court, Law, Washington, Idaho, New York Times, Associated Press, Nevada, Donald Trump, Ruth Bader Ginsburg, Sherman, Wall Street Journal, Securities And Exchange Commission, Round-up, Mark Sherman, National Review, John Roberts

Court reinstates Idaho ballot initiative rules

The Supreme Court on Thursday put on hold rulings by a federal court in Idaho that had relaxed the state’s rules for ballot initiatives for the November 2020 election. The Supreme Court’s order, which drew a sharp dissent from Justice Sonia Sotomayor, was the latest in a series of disputes arising from the COVID-19 pandemic to reach the justices, who have now on several occasions signaled that federal courts should not alter rules relating to an election even to accommodate concerns arising from...
Tags: New York, Featured, Supreme Court, Law, Alabama, Idaho, Ruth Bader Ginsburg, Republican National Committee, Sonia Sotomayor, John Roberts, 9th Circuit, Roberts, Howe, U S Court of Appeals, Ninth Circuit, Sotomayor

US Department of Justice sets another execution date for last week of August

In this recent post I wondered aloud "How many federal death row prisoners does Attorney General William Barr want to see executed in 2020?".  My main point in that post was that, after the completion of three federal executions earlier this month thanks to SCOTUS lifting lower court stays, it would now seem that AG Barr is likely to be able to complete how ever many executions he decides to set. Yesterday, via this press release, we learned that AG Barr wants to see at least one more execution ...
Tags: Law, Ford, Arizona, Justice Department, Mitchell, US Department of Justice, Federal Bureau of Prisons, Arizona Republic, U S Court of Appeals, Ninth Circuit, Barr, AG Barr, U S District Court for the District of Arizona, U S Penitentiary, Terre Haute Indiana, Douglas A Berman

Trump administration urges justices to allow continued border-wall construction

One week after opponents of President Donald Trump’s border wall asked the justices to order a temporary halt to construction, the Trump administration on Wednesday told the Supreme Court that the government should be allowed to continue to spend federal funds on construction while a legal challenge continues. Last week’s filing by the Sierra Club and the Southern Borders Communities Coalition, the Trump administration wrote, doesn’t make any new arguments that would justifying lifting the Supre...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, Department Of Defense, Pentagon, Donald Trump, Sierra Club, Trump, 9th Circuit, Howe, U S Court of Appeals, SBCC, Emergency appeals and applications

Opponents of border wall ask court to lift year-old stay and halt construction

It has been just under a year since a divided Supreme Court allowed the government to spend federal funds on the construction of President Donald Trump’s border wall while a legal challenge proceeded. Opponents of the wall returned to the Supreme Court on Wednesday, asking the justices to revisit the issue and order a temporary halt to the construction. Otherwise, they argued, the government will achieve “a complete victory despite having lost in every court,” because it will be able to finish t...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, Department Of Defense, Pentagon, Donald Trump, Department Of Homeland Security, Sierra Club, 9th Circuit, Howe, U S Court of Appeals, Emergency appeals and applications, Southern Borders Communities Coalition

Justices decline to intervene in Florida voting dispute

The Supreme Court on Thursday rejected a request by Florida voters and civil rights groups to reinstate a ruling that would have cleared the way for thousands of Florida residents who have been convicted of a felony to vote in the state’s upcoming elections. Justice Sonia Sotomayor dissented from the ruling, writing an opinion that was joined by Justices Ruth Bader Ginsburg and Elena Kagan. At the heart of the dispute is a 2018 amendment to Florida’s constitution that permits people with prior f...
Tags: Florida, Featured, Supreme Court, Law, Court, General Election, Sonia Sotomayor, Paul Smith, Howe, U S Court of Appeals, Sotomayor, Elena Kagan, Purcell, 11th Circuit, Campaign Legal Center, Justices Ruth Bader Ginsburg

Justices allow second federal execution to proceed (updated)

Two days after a flurry of late-night filings culminated in an early-morning order by the Supreme Court that allowed the federal government to proceed with the first federal execution in 17 years, the justices cleared the way early Thursday morning for a second execution. In a series of unsigned orders, the court permitted the government to carry out the death sentence of Wesley Ira Purkey, who was convicted of the 1998 rape and stabbing death of 16-year-old Jennifer Long. The justices split 5-4...
Tags: Featured, Supreme Court, Law, Congress, California, Indiana, United States, Catholic, District Of Columbia, Nelson, Buddhist, Lee, HARRIS, D C Circuit, Howe, Ginsburg

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

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

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