Posts filtered by tags: U S Supreme Court[x]


Symposium: What’s “the use” of the Constitution’s distinctive treatment of religion if it is disregarded as discrimination?

Holly Hollman is general counsel for the Baptist Joint Committee for Religious Liberty, which submitted an amicus brief in support of the respondents in Espinoza v. Montana Department of Revenue.  The Supreme Court’s decision in Espinoza  v. Montana Department of Revenue purports to be “unremarkable,” particularly in light of Trinity Lutheran v. Comer, decided just three years ago. But the multiple opinions – four for the majority and three dissenting opinions – belie that assertion and demonst...
Tags: Featured, Supreme Court, Law, Montana, Washington, Missouri, Ohio, State, Sonia Sotomayor, U S Supreme Court, John Roberts, Roberts, Locke, Stephen Breyer, Breyer, Davey

Symposium: Espinoza, funding of religious service providers, and religious freedom

Thomas Berg is the James L. Oberstar Professor of Law and Public Policy at the University of St. Thomas (Minnesota). Douglas Laycock is the Robert E. Scott Distinguished Professor of Law at the University of Virginia. They filed an amicus brief on behalf of a number of religious and school groups in support of the petitioners in Espinoza v. Montana Department of Revenue. Tuesday’s ruling in Espinoza v. Montana Department of Revenue came as no surprise. The Montana Supreme Court had invalidated a...
Tags: Featured, Supreme Court, Law, Montana, University Of Virginia, Smith, Madison, Robert, U S Supreme Court, John Roberts, Roberts, Locke, Davey, Trinity Lutheran Church, Montana Supreme Court, Zelman

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: Chief Justice Roberts reins in the cavalry of abortion providers charging toward the elimination of abortion regulation

Cynthia Yee-Wallace is deputy attorney general of the state of Idaho. She filed an amicus brief on behalf of the state in support of the respondent in June Medical Services v. Russo, along with Brian Kane, who is the assistant chief deputy attorney general for the state of Idaho. Abortion providers won the most recent skirmish invalidating Louisiana’s admitting privileges law in June Medical Services v. Russo. But a close read of Chief Justice John Roberts’ concurring opinion will likely opera...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Idaho, Alaska, Louisiana, U S Supreme Court, John Roberts, Roberts, Casey, Hellerstedt, Russo, Brian Kane, Medical Services

Friday round-up

Sheryl Gay Stolberg reports for The New York Times that “[t]he Trump administration asked the Supreme Court late Thursday to overturn the Affordable Care Act — a move that, if successful, would bring a permanent end to the health insurance program popularly known as Obamacare and wipe out coverage for as many as 23 million Americans.” At ABC News, Devin Dwyer reports that “[t]he administration makes the case in a legal brief filed Thursday in” California v. Texas, “the case brought by 20 Republi...
Tags: Texas, Supreme Court, Law, California, Bloomberg, New York Times, Npr, Usa Today, Abc News, Kevin Johnson, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, ABA Journal, Trump, Round-up

Thursday round-up

Briefly: David Savage reports for the Los Angeles Times that “[t]he Supreme Court is nearing the end of its term and ready to release major decisions on abortion, religion and the separation of powers.” At Bloomberg Government, Andrew Kreighbaum and Erin Mulvaney report that “[t]ransgender students stand to gain leverage in lawsuits over access to bathrooms and participation in school sports following last week’s U.S. Supreme Court ruling on LGBT workers’ rights.” At the Cato Institute’s Cato a...
Tags: Supreme Court, Law, Lgbt, Bloomberg, Liberty, Department Of Homeland Security, University Of California, Los Angeles Times, Round-up, Lech, U S Supreme Court, Clayton County, Pacific Legal Foundation, David Savage, Regents, DACA

Supreme Court clerkship placement, 2013 through 2019 terms (CORRECTED)

This covers the 2013 through 2019 terms of the U.S. Supreme Court. The “per capita” rate reflects the total number of clerks from each law... [Author: Brian Leiter]
Tags: Supreme Court, Law, U S Supreme Court, Brian Leiter

Tuesday round-up

Yesterday the court issued one decision, in Liu v. Securities and Exchange Commission, holding 8-1 that the SEC can seek disgorgement of profits as a remedy in court for violating the securities fraud laws if the amount does not exceed the wrongdoer’s net profit and is awarded for the victims. Ronald Mann analyzes the opinion for this blog. Adam Liptak reports for The New York Times that the ruling “preserv[es] a tool that has allowed [the SEC] to recover billions of dollars[, b]ut the justices ...
Tags: Supreme Court, Law, Bloomberg, Chicago, New York Times, SEC, Department Of Homeland Security, University Of California, Federal Trade Commission, Securities And Exchange Commission, Round-up, Sonia Sotomayor, U S Supreme Court, Stephens, EEOC, Liu

Supreme Court clerkship placement, 2013 through 2019 terms

This covers the 2013 through 2019 terms of the U.S. Supreme Court. The “per capita” rate reflects the total number of clerks from each law... [Author: Brian Leiter]
Tags: Supreme Court, Law, U S Supreme Court, Brian Leiter

Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that last night the court temporarily blocked the execution of Ruben Gutierrez, a Texas inmate who argues that the state’s refusal to allow him to have a spiritual advisor of his choosing by his side in the death chamber violates his First Amendment rights and a federal law that protects the religious rights of inmates. For (subscription required), Jess Bravin reports that “Mr. Gutierrez’s case provides the cou...
Tags: Texas, Supreme Court, Law, Washington Post, Washington, Ap, Atlantic, Liberty, Donald Trump, Forest Service, Round-up, Henry Schein, Mark Sherman, New Republic, U S Supreme Court, HARRIS

Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump

Supreme Court ruling is like pot of gold at end of Rainbow Flag

The minute she read the headline about the U.S. Supreme Court’s landmark civil rights decision barring job discrimination against LGBT people, Peg Corley turned to her partner. “Good news, honey,” Corley, executive director of the LGBTQ Center Orange County, said on Monday morning, June 15. “The Supreme Court is taking a stand to protect our rights!” Soon, text messages started flooding Corley’s phone, adding to the euphoria felt by members of the lesbian, gay, bisexual, transgender, and queer c...
Tags: Florida, Politics, New York, News, Supreme Court, Law, Obama Administration, California, Senate, America, Los Angeles, Sport, Soccer, House, Associated Press, Lgbtq

Cybersecurity Experts Support Supreme Court Review of Enigma v. Malwarebytes Ruling on Section 230(c)(2)(B)

photo by Anik Shrestha, On Friday, 14 cybersecurity experts filed an amicus brief with the U.S. Supreme Court, supporting Malwarebytes’ certiorari petition to review the Ninth Circuit’s 2019 Enigma v. Malwarebytes ruling regarding 47 U.S.C. 230(c)(2)(B)’s application to spyware classification decisions. The Juelsgaard Intellectual Property and Innovation Clinic prepared the brief; the work was done by two Stanford Law students supervised by Phil Malon...
Tags: Supreme Court, Law, Congress, Eff, Malwarebytes, U S Supreme Court, District, Ninth Circuit, Venkat, Stanford Law, Content Regulation, Derivative Liability, Phil Malone, Adware/Spyware, Anik Shrestha, Enigma Software

BREAKING: U.S. Supreme Court Rules Title VII Prohibits Discrimination Against LGBT Workers

In the most consequential U.S. Supreme Court case in many years, the Court ruled this morning that Title VII prohibits employment discrimination on the basis of sexual orientation or gender identity. You can download the , here. Connecticut has long prohibited employment discrimination on the basis of sexual orientation and gender identity so the court’s decision will have less of an impact here for LGBT workers.  In fact, back in 2016 the Connecticut District Court already offered these protec...
Tags: Supreme Court, Law, Scotus, Congress, Sex, Lgbt, Gay, Transgender, Connecticut, Homosexuality, Lgbtq, Title VII, Lesbian, Litigation, Sexual Orientation, US supreme court

Change in the Law not Enough for R.60(b) Relief from Judgment

Medinol Ltd. v. Cordis Corp. (Fed. Cir. 2020) (nonprecedential) Fed. R. Civ. Pro. 60 is entitled “Relief from a Judgment or Order” and allows a party to request that a district court reconsider a prior order. R. 60(b) provides a list of specific reasons for granting relief but concludes with a catch-all “any other reason that justifies relief.” R. 60(b)(6).  At times, 60(b)(6) motions can be quite powerful — especially because the rule does not set a firm deadline other than recognizing that the...
Tags: Supreme Court, Law, Patent, Fed, U S Supreme Court, SCA, Federal Circuit, Petrella, Medinol, Medinol Ltd, Cordis Corp, SCA Hygeine, Metro Goldwyn Mayer Inc, SCA Hygiene Prods Aktiebolag, First Quality Baby Prods LLC, Cordis Corp Fed

Wednesday round-up

Briefly: Jordan Rubin reports at Bloomberg Law that “[t]he U.S. Justice Department’s determination to resume federal executions after a decade-plus hiatus is back in Supreme Court justices’ hands, with the filing of a petition from death row prisoners challenging the way the government wants to execute them.” For (subscription required), Jess Bravin and Brent Kendall report that the “raft of long-pending appeals asking [the justices] to review a legal doctrine that makes it difficult for many...
Tags: Texas, Supreme Court, Law, Bloomberg, New York Times, Philadelphia, Smith, Black Lives Matter, DOE, Round-up, U S Supreme Court, Fulton, McKesson, Jess Bravin, U S Justice Department, Brent Kendall

Monday round-up

Nina Totenberg reports at NPR that, “[w]ith the county awash in protests over the death of George Floyd, the U.S. Supreme Court is examining” qualified immunity, “a modern-day legal doctrine created by judges that has shielded police and other government officials from lawsuits over their conduct.” At Constitution Daily, Marcia Coyle reports that “[a] series of petitions for review pending in the court challenge the underpinnings of the doctrine, and a number of cross-ideological organizations a...
Tags: Supreme Court, Law, Npr, Illinois, Trump, Round-up, U S Supreme Court, John Roberts, Nina Totenberg, Electoral College, Janus, Damon Root, AFSCME, Marcia Coyle, Kimberly Robinson, Harper Neidig

Ask the authors: The long and winding road from shortlisted to selected for female Supreme Court nominees

The following is a series of questions posed by Ronald Collins to Renee Knake Jefferson and Hannah Brenner Johnson in connection with their new book, “Shortlisted: Women in the Shadows of the Supreme Court” (New York University Press, 2020), which tells the untold stories of women that presidents considered as justices for the Supreme Court in the decades before Sandra Day O’Connor’s confirmation. Renee Knake Jefferson is a professor of law and the Joanne and Larry Doherty Chair in Legal Ethics ...
Tags: New York, Featured, Supreme Court, Law, Obama, California, Washington Post, Washington, Senate, White House, Book Reviews, Reagan, Joe Biden, Ronald Reagan, New York Times, Jimmy Carter

Eight years after Miller and four after Montgomery, many juveniles still waiting for court consideration of their Eighth Amendment rights

The Marshall Project has this lengthy new piece focused on how many juveniles still have not received court consideration of the Eighth Amendment rights recognized a full eight years ago in Miller v. Alabama, 567 U.S. 460 (2012). The article's fill headline captures its essence: "'Juvenile Lifers' Were Meant to Get a Second Chance. COVID-19 Could Get Them First. The Supreme Court gave teens sentenced to life in prison a shot at freedom. Many are still waiting."  Here is how the piece gets starte...
Tags: Texas, Supreme Court, Law, Alabama, United States, Ohio, Michigan, Louisiana, Johnson, Montgomery, Miller, U S Supreme Court, Marshall Project, Douglas A Berman, Ashley Nellis, Adrian Michigan

"Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment's Right to Counsel"

The title of this post is the title of this notable new paper authored by Neel Sukhatme and Jay Jenkins now available via SSRN. Here is its abstract For nearly 60 years, the U.S. Supreme Court has affirmed that the Sixth Amendment to the U.S. Constitution guarantees felony defendants the right to counsel, regardless of their ability to pay.  Yet nearly all criminal procedure scholars agree that indigent defense as practiced today falls far short of its initial promise.  These scholars frequentl...
Tags: Law, United States, New York Times, Ohio, Campaign Finance, U S Supreme Court, HARRIS COUNTY Texas, Douglas A Berman, SSRN, Jay Jenkins, Harris County Houston Texas, Neel Sukhatme

Tuesday round-up

At AP, Mark Sherman reports that “Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has ‘pierced our illusion of certainty and control’ and he counseled the students to make their way with humility, compassion and courage in a world turned upside down.” At The National Law Journal, Tony Mauro reports that in a video posted on the school’s website on Saturday, Roberts called the crisis “‘the world’s way of saying to mankind, “you’re not in charge.”’”...
Tags: Supreme Court, Law, Washington, Politico, Court, Bloomberg, Ap, Sierra Club, Southern California, Trump, Round-up, Thomas, Mark Sherman, U S Supreme Court, John Roberts, Wildlife Service

Friday round-up

Briefly: Mark Sherman reports for AP that “President Donald Trump won at least a temporary reprieve from the Supreme Court earlier this week in keeping secret grand jury materials from the Russia investigation away from Democratic lawmakers”; “[t]he president and his administration are counting on the justices for more help to stymie other investigations and lawsuits.” For , Adam Liptak reports that “[t]he Supreme Court on Thursday turned down a request from Idaho prison officials to block cou...
Tags: Supreme Court, Law, Mexico, Russia, Ap, Idaho, Donald Trump, Trump, Round-up, Democratic, Mark Sherman, U S Supreme Court, Adam Liptak, Amy Howe, Tom Goldstein, Bloomberg Law

Wednesday round-up

For The Washington Post (subscription required), Mark Berman reports that “Missouri on Tuesday carried out the country’s first execution amid the coronavirus pandemic, not long after the U.S. Supreme Court rejected a request to stop the lethal injection.” Katie Bart reports on the justices’ order denying Walter Barton’s request for a stay of execution for this blog. At Fox News, Shannon Bream and Bill Mears report that “[o]ther states, including Ohio, Tennessee and Texas, have postponed executio...
Tags: Texas, Supreme Court, Law, Washington Post, Africa, Court, Sudan, Fox News, Al Qaeda, Trump, Round-up, U S Supreme Court, Jess Bravin, Adam Feldman, Alito, Khartoum

SCOTUS for law students: COVID-19 and Supreme Court emergencies

Live teleconference oral arguments have been the most visible sign of the impact of the COVID-19 pandemic on the Supreme Court, and they have prompted copious coverage and commentary. However, the justices have also been busy with a steady flow of cases arising from the pandemic, mostly in the form of emergency stay requests. These COVID-19-related cases have covered a broad array of important rights and liberties, from voting practices to abortion services to immigration issues to prison condit...
Tags: New York, Texas, Featured, Supreme Court, Law, Barack Obama, Austin, Pennsylvania, United States, Wisconsin, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, Republican National Committee, Valentine, Abbott

Reviewing the emerging jurisprudence around FIRST STEP Act resentencings

Writing al Law360, Emma Cueto has this notable new piece headlined "With First Step, Courts Diverge In Filling In The Law's Gaps."  Here are excerpts: More than a year after the passage of the First Step Act — which, among other things, made certain sentencing reforms retroactive — courts have continued to work out the procedural questions surrounding how the act should be applied and what judges must consider when resentencing federal offenders.  And some courts have come to very different con...
Tags: Usa, Law, Tennessee, Chambers, U S Supreme Court, Fourth Circuit, Fifth Circuit, Douglas A Berman, Emma Cueto, Michael Holley, Benjamin Foreman, Brooks Chambers, Hegwood Michael Hegwood

Supreme Court Limits and Questions Preclusion of Defenses in TM Case

by Dennis Crouch Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc. (Supreme Court 2020) This case makes me sad because it reminds me that my walk-able grocery store, Lucky’s Market, has closed down. Colorado based Lucky’s had its own trademark dispute with California based Lucky Supermarket. The case before the supreme court involved two other uses of LUCKY: The parties in this case have been fighting in federal court over trademark rights for almost 20 years; and in three separate act...
Tags: Google, Supreme Court, Law, Colorado, California, Patent, Lucky, Fed, Lucky Brand, U S Supreme Court, Marcel, Stryker Corp, Dennis Crouch, Lucky 's Market, Eric Moran, Lucky Brand Dungarees Inc

Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots. Amy Howe previewed the cases for this blog, in a post that first appea...
Tags: New York, Supreme Court, Law, Congress, Colorado, Washington Post, Washington, Bloomberg, United States, House, New York Times, Manhattan, Fox News, Michigan, Npr, Oklahoma

Goats on the Roof at the Supreme Court

Todd Bank’s effort to save the dignity of goats has reached the U.S. Supreme Court.  The respondent in the case is Al Johnson’s Swedish Restaurant — a Door County Wisconsin mainstay. “Al Johnson’s is an authentic Swedish family owned restaurant where you can find goats grazing the sod roof.” [Goat Cam]. Al Johnson’s registered trade dress “consists of goats on a roof of grass.” When Bank petitioned the USPTO to cancel the mark, the TTAB refused — holding that Bank did not have standing to file ...
Tags: Supreme Court, Law, Uspto, Bank, AIA, Patent, Tam, U S Supreme Court, Federal Circuit, Ttab, Door County Wisconsin, Al Johnson, Mr Bank, Swedish Restaurant, Todd Bank

U.S. Supreme Court to decide if Trump can continue to keep his finances secret

Today, the U.S. Supreme Court is scheduled to hear arguments as to why President Donald Trump should be allowed to prevent Democratic-led congressional committees and a New York City prosecutor from getting his financial records. Trump, unlike all modern presidents before him, has refused to release his tax returns and other financial records. “Rulings are likely within weeks,” reports Reuters, “ The cases will be heard in two separate arguments by teleconference, a format adopted during the ...
Tags: Post, Politics, New York, News, Justice, Supreme Court, Law, Scotus, Congress, Washington, Senate, New York City, Deutsche Bank, Donald Trump, Trump, Reuters

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