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


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

First scheduled execution of 2019 stayed by Texas Court of Criminal Appeals

As reported in this local article, the "Texas Court of Criminal Appeals has stopped the state’s first execution of the year, calling for a lower court to take another look at the case following changes in bite-mark science and laws regarding intellectual disability and the death penalty."  Here is more: Blaine Milam received a stay from the court on Monday, a day before his death was scheduled. Milam, 29, was convicted in the brutal death of his girlfriend’s 13-month-old baby girl in 2008 in Ea...
Tags: Texas, Law, U S Supreme Court, Milam, Carson, Texas Court of Criminal Appeals, Court of Criminal Appeals, Rusk County, Douglas A Berman, Elsa Alcala, Kevin Yeary, Sharon Keller, Robert Jennings, Blaine Milam, Amora Carson, Steven Chaney

No action on blockbuster cases

This morning the Supreme Court released another set of orders from the justices’ private conference last week. On Friday, the justices announced that they would add eight cases from that conference to their docket. Today’s list did not grant review in any new cases, but it was perhaps most significant for what it did not do: The justices did not act on a long list of high-profile cases that they considered last week, involving everything from abortion to the Trump administration’s ban on service...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, New York City, Indiana, United States, Lgbtq, White, Trump, U S Supreme Court, Toshiba Corp, Moore, Michaels, Howe

Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters

Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton

Schools and childhood roundup

“It also highlights the shortcomings of federal education [privacy] laws that protect even admitted killers like [the Parkland, Florida school gunman] who are no longer students.” [Brittany Wallman, Megan O’Matz and Paula McMahon, South Florida Sun Sentinel] Germany forbids homeschooling and the European Court of Human Rights has just upheld the removal of four children from their parents’ home over the issue [BBC] Is there a constitutional right to homeschool in the U.S.? [Eugene Volokh] ...
Tags: Texas, Law, Washington Post, Germany, Uncategorized, Bbc, Atlantic, Schools, European Court Of Human Rights, Rhode Island, San Antonio, Trump, U S Supreme Court, Rodriguez, Eugene Volokh, Lenore Skenazy

Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest. Gregory Ablavsky previewed the case for this blog. Cecilia Bruni and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. At Bloomberg Law, Jordan Rubin reports that this is “the third high court clash this term asking the justices to parse an old treaty’s modern e...
Tags: Supreme Court, Law, Ap, United States, Wyoming, Missouri, House Of Representatives, Davis, Sudan, Usa Today, Donald Trump, Ruth Bader Ginsburg, Doj, The Washington Post, Cornell, Trump

The justices return, without Ginsburg or any new grants (Updated)

[Editor’s Note: This post was updated to cover the four cases in which the Supreme Court asked the U.S. solicitor general to file briefs.] The justices returned to the bench today for the first arguments of the new year. Justice Ruth Bader Ginsburg, who had surgery on December 21 to remove two cancerous growths from her lungs, was not on the bench this morning; a court spokeswoman indicated that she would still participate in today’s cases based on the briefs and transcripts. The justices issued...
Tags: Texas, Featured, Supreme Court, Law, Virginia, New York City, Court, Georgia, Indiana, United States, Citigroup, Argentina, Ohio, Atkins, Lgbtq, Ruth Bader Ginsburg

Monday round-up

This morning the Supreme Court kicks off the January argument session with oral arguments in two cases. The first is Merck Sharp & Dohme v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs. Elizabeth McCuskey previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview for Cornell Law School’s Legal Information Institute. The second case today is Obduskey v....
Tags: Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Massachusetts, Bloomberg, Gop, Wyoming, North Carolina, Ruth Bader Ginsburg, Justice Department, Cornell, Trump, Round-up

Friday round-up

Briefly: Tony Mauro reports at that “Justice Samuel Alito Jr., who until now recused himself in a pending copyright case, Rimini Street Inc. v. Oracle USA Inc., will participate after all”; “[b]ecause of a family inheritance several years ago, Alito and his wife have had holdings in numerous corporations, unlike most other justices,” [and Alito] has sold several of the stocks over time, often in anticipation of an oral argument that posed a conflict of interest.” At Rewire.News, Jessica...
Tags: Google, Usa, Supreme Court, Law, Court, Bloomberg, Tennessee, Trump, Round-up, Frank, U S Supreme Court, Whitaker, Blair, Roberts, Fifth Circuit, Alito

Argument preview: Immunity, precedent and federalism in Franchise Tax Board of California v. Hyatt

Franchise Tax Board of California v. Hyatt is the federal courts case that keeps on giving. It is a SCOTUS “threepeater,” having now reached the justices on three separate occasions. It raises a rich sovereign immunity issue — namely, whether states should enjoy immunity in one another’s courts. And it also asks the Supreme Court to overrule a precedent, Nevada v. Hall, that at least four justices were recently prepared to throw overboard. Whether new Justices Neil Gorsuch and Brett Kavanaugh f...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Maine, Nevada, Hall, Kennedy, Hyatt, Sachs, Antonin Scalia, U S Supreme Court, Alden, William Rehnquist

Wednesday round-up

On Monday evening, Chief Justice John Roberts released his year-end report on the federal judiciary. Amy Howe writes for this blog that the report “focus[ed] on the judiciary’s response to allegations of sexual misconduct in the workplace.” At, Tony Mauro notes that “[i]t was the second annual report in which Roberts discussed the need for the judiciary to take steps to end sexual harassment in the workplace and to make it easier for court employees to report improper conduct without run...
Tags: Supreme Court, Law, Fox News, Ruth Bader Ginsburg, Economist, American Legion, Trump, Round-up, U S Supreme Court, John Roberts, Hill, Roberts, Jess Bravin, Lydia Wheeler, Steven Mazie, Amy Howe

Friday round-up

Briefly: At Bloomberg Law, Jordan Rubin reports on “the curious case of Bobby James Moore,” which “is knocking at the U.S. Supreme Court’s door again” after a state court found for a second time that Moore is not too intellectually disabled to be executed. Bill Mears reports for Fox News that the Supreme Court could be front and center again next year “in Donald Trump’s Washington,” as “[t]he justices are confronting a number of immigration-related legal challenges that could be added to the do...
Tags: Supreme Court, Law, Washington, Fox News, Donald Trump, American Legion, Trump, Round-up, U S Supreme Court, Moore, Goldstein Russell, Bladensburg Maryland, American Humanist Association, Tony Mauro, Marcia Coyle, Bill Mears

Thursday round-up

In op-ed for The Hill, Kristin Waggoner weighs in on American Legion v. American Humanist Association, an establishment clause challenge to the placement on public land of a World War I memorial shaped like a cross, maintaining that “[t]he sight of a cross-shaped memorial to fallen heroes moves many of us,” and … [n]othing legitimizes eliminating these noble sentiments from our political landscape because the symbols that evoke them might offend someone.” In an op-ed at USA Today, Alexandra McPh...
Tags: Usa, Supreme Court, Law, Bloomberg, Ap, Ruth Bader Ginsburg, American Legion, Trump, Round-up, U S Supreme Court, Adam Feldman, Goldstein Russell, American Humanist Association, Kimberly Robinson, the Court, Jordan Rubin

David M. O’Brien (1951-2018): Noted political scientist and Supreme Court scholar

The Supreme Court is defined, in part, by court-watchers – those who chronicle its workings and analyze its jurisprudence. Our understanding of the court depends on scholars such as David M. O’Brien, the late Leone Reaves and George W. Spicer Professor at the University of Virginia’s Department of Politics. O’Brien, who died from lung cancer on December 20 at the age of 67, was among the most noted Supreme Court scholars of his time. Born on August 30, 1951, O’Brien grew up in Southern Califor...
Tags: Featured, Supreme Court, Law, Washington Post, Court, University Of Virginia, University Of California, Santa Barbara, Southern California, Board, Brown, U S Supreme Court, Harvard Law Review, Hialeah, Postwar Japan, O'Brien

"California transformed its justice system. But now crime is up, and critics want rollbacks"

The title of this post is the headline of this notable new Los Angeles Times article that merits a read in full. Here is the first part of the piece: Over the last decade, California has led the nation in reducing its prison population. The state has shortened sentences and diverted some offenders to the counties for incarceration and supervision, transforming California’s criminal justice system into what supporters hope will become a humane model around the country. But amid the changes, crim...
Tags: Law, California, Sacramento, Los Angeles, Fbi, Sacramento County, The Times, San Diego, Los Angeles Times, U S Supreme Court, Cooper, Marshall Project, Irvine, UC Irvine, Brennan Center, Stanford Law School

Wednesday round-up

At NPR, Nina Totenberg reports that “[a] specially appointed federal panel of judges has dismissed all 83 ethics complaints brought against Justice Brett Kavanaugh regarding his conduct at his confirmation hearings,” “conclud[ing] that while the complaints ‘are serious,’ there is no existing authority that allows lower court judges to investigate or discipline Supreme Court justices.” Additional coverage comes from Kevin Daley at The Daily Caller, Joan Biskupic at CNN, Samuel Chamberlain at Fox ...
Tags: Supreme Court, Law, Washington Post, Npr, Usa Today, Donald Trump, Ruth Bader Ginsburg, Aba, Round-up, U S Supreme Court, Robert Barnes, Richard Wolf, Ginsburg, Nina Totenberg, Kavanaugh, Joan Biskupic

Academic highlight: Epps and Sitaraman on how to save the Supreme Court

The Supreme Court faces a crisis of legitimacy. The process of selecting new justices has become both contentious and overtly partisan, as illustrated by the Republican-controlled Senate’s refusal to hold hearings or a vote for President Barack Obama’s Supreme Court nominee, followed by the fractious hearings and party-line vote to replace “swing” Justice Anthony Kennedy with Brett Kavanaugh. Now that Kennedy has retired, all nine justices are expected to cast votes in line with the preferences ...
Tags: Featured, Supreme Court, Law, Obama, Congress, Senate, Court, Barack Obama, Republican Party, Kennedy, EPPS, U S Supreme Court, Franklin Roosevelt, Elena Kagan, Anthony Kennedy, Academic Round-up

Tuesday round-up

Briefly: At Bloomberg Law, Jordan Rubin reports that “[p]rosecuting federal hate-crime charges after events such as mass shootings could get trickier if the U.S. Supreme Court rules for the defendant in a case getting more notice for its potential impact on President Donald Trump’s pardon power,” Gamble v. United States, which asks whether the Supreme Court should overrule an exception to the double jeopardy clause that allows a defendant to be prosecuted for the same crime in both federal ...
Tags: Supreme Court, Law, Congress, Indiana, Atlantic, United States, Social Security, Oklahoma, Donald Trump, Round-up, U S Supreme Court, Murphy, Baltimore County, Gamble, Baltimore Sun, Carpenter

Ask the author: Meet Justice Edward Sanford

The following is a series of questions prompted by Stephanie Slater’s “Edward Terry Sanford: A Tennessean on the U.S. Supreme Court” (University of Tennessee Press, 2018). This is the first biography of a justice whose contributions to the Supreme Court in the 1920s were overshadowed in life by those of his more famous colleagues, including Justices Oliver Wendell Holmes and Louis Brandeis, and even in death, because he passed away on the same day as retired Chief Justice William Howard Taft. ...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Book Reviews, Harvard, Tennessee, Connecticut, Union, Republican Party, South, Bell

Berkheimer: Patent Eligibility Changes as Technology Advances

HP Inc. v. Berkheimer, 2018 WL 6445985 (On petition at the Supreme Court) Steven Berkheimer has filed his brief in opposition in this pending case before the U.S. Supreme Court. As is a current theme in Supreme Court briefing, the parties have proposed alternative stories within their questions presented. HP’s original petition asks whether eligibility is “a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of the art at the time...
Tags: Supreme Court, Law, Hp, Patent, U S Supreme Court, HP Inc, Federal Circuit, Prometheus Laboratories Inc, Mayo Collaborative Services, Berkheimer, Steven Berkheimer

Monday round-up

At Bloomberg, Greg Stohr reports that “[t]he Trump administration is aggressively trying to take advantage of the U.S. Supreme Court’s new conservative majority, digging deep into the court’s rulebook to seek quick action on divisive issues.” Ariane de Vogue reports at CNN that “[t]he court, with its strong 5-4 conservative majority, is facing requests from an aggressive Trump administration to weigh in early on many of its most controversial policies in areas including immigration, LBGT rights,...
Tags: Supreme Court, Law, Virginia, Bloomberg, Cnn, Donald Trump, Abc News, Ruth Bader Ginsburg, Trump, Round-up, U S Supreme Court, Howe, Greg Stohr, Wilkie, Amy Howe, Kisor

DPIC releases year-end report noting that 2018 was "fourth consecutive year with fewer than 30 executions and 50 death sentences"

This press release from the Death Penalty Information Center, titled "2018 Marked the Fourth Consecutive Year with Fewer than 30 Executions and Less than 50 Death Sentences," provides a summary of the DPIC's 2018 year-end report on the administration of the death penalty in the United States.  Here are excerpts from the press release: With 25 executions and 42 death sentences expected this year, the use of the death penalty remained near historic lows in 2018, according to a report released tod...
Tags: Florida, Texas, Supreme Court, Law, Colorado, California, Washington, Oregon, Pennsylvania, United States, Dallas, Ohio, Washington State, Orange, Death Penalty Information Center, San Bernardino

Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that the Trump administration yesterday asked the Supreme Court to put a hold on a lower-court ruling that bars enforcement of a new policy prohibiting immigrants who enter the country illegally across the U.S.-Mexico border from requesting asylum. Additional coverage comes from Robert Barnes for The Washington Post, Andrew Chung at Reuters, Bob Egelko at the San Francisco Chronicle, Michael Burke at The Hill, Gr...
Tags: Supreme Court, Law, Washington Post, Mexico, Court, San Francisco, Fox News, Donald Trump, Medicaid, Justice Department, Robbins, Trump, Round-up, Reuters, U S Supreme Court, Robert Barnes

Tuesday round-up

Yesterday the Supreme Court issued additional orders from its conference last Friday, adding one case to its merits docket. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Education Week’s School Law Blog, Mark Walsh reports that the court agreed to review Kisor v. Wilkie, which raises “an important question about when courts should defer to a federal agency’s interpretation of its own ambiguous regulations.” Additional coverage comes from Ton...
Tags: Supreme Court, Law, Congress, Bloomberg, Ap, United States, New York Times, Kansas, Louisiana, Usa Today, The Washington Post, Chevron, Medicaid, Courthouse News Service, Round-up, Mark Sherman

Tennessee completes execution by electric chair

As reported in this local piece, "David Earl Miller was pronounced dead at 7:25 p.m. CST on Thursday after Tennessee prison officials electrocuted him with the electric chair. He was 61." Here is more: He is the third person executed this year and was the longest-serving inmate on Tennessee's death row. Miller was sentenced to death for the May 1981 murder of 23-year-old Lee Standifer of Knoxville, who was mentally disabled. Miller brought her to a pastor's home where he was staying and struck ...
Tags: Law, Tennessee, Miller, U S Supreme Court, Knoxville, Bill Haslam, Douglas A Berman, Edmund Zagorski, David Earl Miller, Lee Standifer

Tennessee Supreme Court rule in high-profile case that juve life sentence allows for possible release after 51 years

As reported in this local article, "Tennessee Supreme Court said Thursday that Cyntoia Brown, a Nashville woman serving a life sentence in prison for a murder she committed at 16, could be eligible for release after she serves 51 years in prison." Here is more about a notable ruling in a high-profile case: Brown, now 30, has been locked up since 2004, when she was convicted of shooting 43-year-old Nashville real estate agent Johnny Allen. Her legal team launched a challenge to her life sentence...
Tags: Sixth Circuit, Supreme Court, Law, Rihanna, Tennessee, Nashville, Miller, Kim Kardashian West, Brown, U S Supreme Court, Allen, Bill Haslam, Tennessee Supreme Court, Johnny Allen, Sixth Circuit Court of Appeals, Douglas A Berman

Texas completes execution for escapee involved in killing during crime spree

As reported in this local article, headlined "'Texas 7' escapee Joseph Garcia executed in Huntsville," the Lone Star State completed yet another execution last night.  Here are the basics: Nearly two decades after the brazen prison break-out and cross-state crime spree that landed him on America's Most Wanted and eventually on death row, Texas 7 prisoner Joseph Garcia was executed Tuesday night in Huntsville....  He was pronounced dead at 6:43 p.m., 13 minutes after the lethal dose began. In re...
Tags: Texas, Law, Colorado, America, Dallas, San Antonio, Irving, Colorado Springs, Garcia, U S Supreme Court, Lone Star State, North Texas, Huntsville, Hawkins, Chronicle, Bexar County

Wednesday round-up

Ronald Mann has this blog’s argument analysis in Helsinn Healthcare v. Teva Pharmaceuticals, in which the justices considered yesterday whether the “on sale” bar to the patentability of an invention is triggered by a sale in which the purchaser is required to keep the details of the invention confidential. At Law360 (subscription required), Matthew Butman reports that the justices “wrestled with the idea that the America Invents Act may have narrowed the on-sale bar in patent cases, while leavin...
Tags: Maryland, Supreme Court, Law, Congress, Ap, United States, North Dakota, Liberty, Associated Press, Oklahoma, Los Angeles Times, Round-up, Mark Sherman, Lyle Denniston, U S Supreme Court, Murphy

Renewed talk in Ohio of exempting those with "serious mental illness" from the death penalty

As reported in this local article, headlined "Should those with serious mental illnesses be exempt from the death penalty in Ohio?," there is renewed discussion in the Buckeye State of a task force proposal to carve out an exception to the death penalty for those with "serious mental illness." Here are the details: If Ohio is going to execute convicted murderers, it shouldn't execute individuals with serious mental illnesses, a bipartisan group of lawmakers says. That is the aim of House Bill 8...
Tags: Law, Gop, Ohio, John Kasich, U S Supreme Court, Ohio House, Legislature, Lakewood, Ohio Senate, Richard Cline, Buckeye, Republican Rep, Douglas A Berman, Bill Seitz, Ohio Public Defender, Green Township

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