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


 

A “view” from the courtroom: Trials of Mississippi

Today will bring an intense hour of argument about race in jury selection in the case of a Mississippi man who has been tried six times by the same prosecutor, which will culminate in a series of short questions by Justice Clarence Thomas, his first during oral argument in three years. But first, there are a couple of lighter moments. Justice Thomas questions petitioner’s lawyer in Flowers v. Mississippi (Art Lien) Chief Justice John Roberts announces that Justice Stephen Breyer has the co...
Tags: Google, Featured, Mississippi, Supreme Court, Law, Washington, Kentucky, Walmart, United States, New Jersey, Davis, Manhattan, Evans, Nielsen, Johnson, Flowers


Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment

This morning’s 6-3 opinion in Air and Liquid Systems Corp. v. DeVries affirms the decision of the lower court holding that the manufacturers of asbestos-dependent equipment used on Navy ships can be held liable to sailors who became ill because of their contact with the asbestos. Because the case involves liability for conduct at sea, the dispute arises under the “maritime law,” a type of federal common law for which the U.S. Supreme Court is the final authority. In the same way that the New Yor...
Tags: Featured, Supreme Court, Law, Navy, U S Supreme Court, U S Navy, Samuel Alito, Kavanaugh, New York Court of Appeals, Goldstein Russell, Merits Cases, Devries, Brett Kavanaugh, Neil Gorsuch, Air and Liquid Systems Corp, Justices Clarence Thomas


Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a g...
Tags: New York, Mississippi, Supreme Court, Law, Washington Post, America, Bloomberg, House, New York Times, Npr, Louisiana, North Carolina, Flowers, Smith, The Washington Post, Cornell


Case study on the Ginsburg conspiracy theories in action

#WheresRuth. Even as the answer – working from home while recovering from cancer surgery – was covered by journalists and confirmed by the Supreme Court itself, this hashtag and similar ones populated Twitter in January and February. False allegations about Justice Ruth Bader Ginsburg’s status ranged from standard political rumors (e.g., that she planned to announce her retirement soon) to massive conspiracy theories (e.g., that she was in a medically induced coma or that her death was being hid...
Tags: Post, Featured, Nbc, Supreme Court, Law, Washington Post, Washington, Fox News, Ruth Bader Ginsburg, Collins, ABA Journal, Woods, James Woods, Miller, Ruth, Ginsberg


Friday round-up

Briefly: At (subscription or registration required), Tony Mauro reports that “[a] gathering to celebrate U.S. Supreme Court Justice Ruth Bader Ginsburg’s 86th birthday Friday afternoon won’t be an ordinary event”: “500 of her enthusiastic followers have decided to follow her lead of physical fitness by dropping to the ground and planking in front of the Supreme Court.” At Law.com, David Ogden weighs in on Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory cha...
Tags: Mississippi, Supreme Court, Law, Kentucky, Flowers, Ruth Bader Ginsburg, American Legion, Round-up, U S Supreme Court, Linda Greenhouse, Goldstein Russell, American Humanist Association, Tony Mauro, DAVID OGDEN, Batson


Argument preview: Justices to weigh allegations of racial discrimination in jury selection

During jury selection, some potential jurors can be removed “for cause” – that is, when a judge believes that a juror cannot be impartial in deciding the case. The lawyers trying the case also have a certain number of “peremptory strikes,” which allow them to reject jurors without providing a reason. However, the Supreme Court ruled in Batson v. Kentucky that prosecutors cannot use their peremptory strikes to remove prospective jurors from the jury pool based only on the jurors’ race. Next week ...
Tags: Featured, Mississippi, Supreme Court, Law, Kentucky, Evans, Flowers, Foster, U S Supreme Court, Howe, Mississippi Supreme Court, Chatman, Doug Evans, Merits Cases, Batson, Curtis Flowers


Tuesday round-up

Briefly: At Bloomberg, Greg Stohr reports that in a letter yesterday, “[t]he Trump administration asked the U.S. Supreme Court to expand its scheduled April showdown over the 2020 census[, Department of Commerce v. New York,] to decide whether the Constitution lets the government ask whether people are American citizens.” Pamela Wood reports for The Baltimore Sun that Maryland “Gov. Larry Hoganhas filed a brief with the U.S. Supreme Court [in Lamone v. Benisek,] seeking to back up the claims of...
Tags: New York, Maryland, Supreme Court, Law, Colorado, California, Alabama, Bloomberg, United States, Arizona, Christian, Baltimore, Trump, Round-up, National Review, U S Supreme Court


Supreme Court Requires Completed Copyright Registration Before Filing Suit–Fourth Estate Public Benefit v. Wall-Street (Guest Blog Post)

Guest Blog Post by Tyler Ochoa On March 4, 2019, the U.S. Supreme Court decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 139 S.Ct. ____, 2019 U.S. LEXIS 1730.  The case involved the interpretation of section 411(a) of the Copyright Act, which provides:  “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.”  The questi...
Tags: Supreme Court, Law, Congress, Court, Copyright, United States, Library Of Congress, Oracle, Slip, Beard, Copyright Office, U S Supreme Court, Roberts, Congressional, Ginsburg, Ninth Circuit


Notable review of juvenile lifers in Tennessee

This local article, headlined "3 takeaways from our review of all 185 Tennessee teen lifers," provides an effective review of the maxed-out incarceration of certain youth in the Volunteer State. Here are excerpts: In December, activists confronted former Gov. Bill Haslam at an education event and demanded that he grant clemency to Cyntoia Brown, a Nashville woman serving a life sentence in prison for a murder she committed at 16. At the time, the outgoing Republican governor said he wanted to t...
Tags: Usa, Supreme Court, Law, Rihanna, Tennessee, Nashville, Kim Kardashian West, Brown, U S Supreme Court, Bill Haslam, Haslam, Akbari, Robert Walker, Douglas A Berman, Bill Lee, State Sen Raumesh Akbari D Memphis


Reminder: SCOTUSblog is hiring

The blog and  Goldstein & Russell, P.C. , are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner; Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours; Assisting with case coverage; C...
Tags: Featured, Supreme Court, Law, U S Supreme Court, Tom Goldstein, Goldstein Russell, Bethesda Maryland, Everything Else, Goldstein Russell P C


Justices add patent-fees case to next term’s docket

This morning the Supreme Court issued orders from last week’s conference, adding a new case involving fees in patent cases to its docket. Under federal law, an unsuccessful patent applicant who wants a court to review the denial of his patent by the U.S. Patent and Trademark Office has two options. He can go to the U.S. Court of Appeals for the Federal Circuit, which will review the denial based on the same record that the USPTO used. Or he can go to federal district court, which will let him ad...
Tags: Featured, Supreme Court, Law, Court, Indiana, Missouri, Lgbtq, U S Supreme Court, Morristown, Howe, New Jersey Supreme Court, U S Patent and Trademark Office, Trinity Lutheran Church, Samuel Alito, Kavanaugh, U S Court of Appeals for the Federal Circuit


Friday round-up

At Take Care, Nelson Tebbe and Micah Schwartzman worry that “some liberal justices might refuse to call out th[e] egregious violation of Establishment Clause principles in The American Legion v. American Humanist Association, a challenge to a World War I memorial shaped like a cross on public property, “[i]n an effort to gain concessions or to limit the possible damage that this case might do to decades of Establishment Clause precedent.” Additional commentary comes from Andrew Seidel at Rewire....
Tags: Justice, Supreme Court, Law, Congress, Oregon, Politico, Court, Alabama, Los Angeles, Bloomberg, United States, Idaho, Ford, Liberty, Ruth Bader Ginsburg, Madison


Texas completes execution of triple killer ... and his family gets arrested

This local article, headlined "Texas death row inmate's son arrested for outburst during father's execution," reports on an execution and its remarkable aftermath. Here are details: Billie Wayne Coble's son pounded on the execution chamber windows, cursing and shouting "no" as he watched his father die. It was just after 6:20 p.m., and the 70-year-old triple killer was about to become the oldest Texan executed in the modern era of capital punishment. The aging Vietnam veteran who murdered his i...
Tags: Texas, Law, Louisiana, Vietnam, U S Supreme Court, Dalton, Waco, Harris County, Richard Ellis, Texas Board of Pardons and Paroles, Texas Department of Criminal Justice, Coble, Douglas A Berman, Walker County Jail, Billie Wayne Coble, Gordon Coble


Thursday round-up

Amy Howe covers yesterday’s oral argument in The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property, for this blog, in a post that first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the court “seemed ready … to allow a 40-foot cross honoring soldiers who died in World War I to remain in place on public land in Maryland.” For , Jess Bravin reports that the “justice...
Tags: Usa, Maryland, Supreme Court, Law, Washington Post, Washington, India, Alabama, America, Bloomberg, Cnn, Atlantic, United States, Idaho, New York Times, Houston


Why 65 Intellectual Property Scholars Filed an Amicus Curiae Brief in Support of Google’s Petition for Cert in the Oracle Case

Guest Post by Pamela Samuelson, Berkeley Law School.  Prof. Samuelson has been involved with digital copyright law for the past 35 years. She recently led an amicus effort pushing against the Federal Circuit’s enforcement of Copyrights on the method call names (API) for Java. – DC [Read the Amicus Brief] In January 2018, Google filed a petition to ask the U.S. Supreme Court to review two adverse rulings by the Court of Appeals for the Federal Circuit in the Oracle Am. Inc. v. Google Inc. case. T...
Tags: Google, Supreme Court, Law, Court, Guest Post, Berkeley, Baker, Oracle, Patent, Catherine Crump, Altai, First Circuit, U S Supreme Court, District Court, Google Inc, Second Circuit


Reminder: SCOTUSblog is hiring

The blog and  Goldstein & Russell, P.C. , are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner; Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours; Assisting with case coverage; C...
Tags: Everything Else


"Juvenile Life Without Parole in North Carolina"

The title of this post is the title of this new paper available via SSRN and authored by Ben Finholt, Brandon Garrett, Karima Modjadidi and Kristen Renberg.  Here is its abstract: Life without parole is “an especially harsh punishment for a juvenile,” and as the U.S. Supreme Court noted in Graham v. Florida.  The United States is the only country in the world that imposes juvenile life without parole sentences. Many of these individuals were sentenced during a surge in LWOP sentences in the 199...
Tags: Florida, Supreme Court, Law, California, United States, Wyoming, Graham, North Carolina, Miller, U S Supreme Court, Douglas A Berman, SSRN, LWOP, Ben Finholt Brandon Garrett Karima Modjadidi, Kristen Renberg, Appendix In North Carolina JLWOP


SCOTUSblog is hiring

The blog and  Goldstein & Russell, P.C. , are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner; Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours; Assisting with case coverage; C...
Tags: Supreme Court, Law, U S Supreme Court, Tom Goldstein, Goldstein Russell, Bethesda Maryland, Everything Else, Goldstein Russell P C


Opinion analysis: Eighth Amendment’s ban on excessive fines applies to the states

The Supreme Court today ruled that the Eighth Amendment’s ban on excessive fines applies to the states. The decision is a victory for an Indiana man whose luxury SUV was seized after he pleaded guilty to selling heroin. It is also a blow to state and local governments, for whom fines and forfeitures have become an important source of funds. The case began back in 2015, when Tyson Timbs sold heroin to an undercover police officer. He pleaded guilty to drug charges and was sentenced to one year of...
Tags: Featured, Supreme Court, Law, Indiana, United States, States, Ruth Bader Ginsburg, Thomas, U S Supreme Court, Howe, Indiana Supreme Court, Clarence Thomas, Merits Cases, Neil Gorsuch, Timbs, Tyson Timbs


"The suit alleges that The Post 'targeted and bullied' 16-year-old Nicholas Sandmann in order to embarrass President Trump."

I'm reading about the lawsuit against The Washington Post in The Washington Post.“In a span of three days in January of this year commencing on January 19, the Post engaged in a modern-day form of McCarthyism by competing with CNN and NBC, among others, to claim leadership of a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann, an innocent secondary school child,” reads the complaint.It added, “The Post ignored basic journalist standards becaus...
Tags: Amazon, Post, Nbc, Law, Washington Post, Wikipedia, Court, Journalism, Atlanta, Ted, Cnn, New York Times, Bill Cosby, Cosby, Catholic, John


Tuesday round-up

This morning the justices will return from a four-week break to hear oral argument in Return Mail Inc. v. United States Postal Service, in which they will consider whether the federal government can challenge patents under the America Invents Act. Ronald Mann previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. First Mondays (podcast) previews both of this wee...
Tags: New York, Supreme Court, Law, America, Georgia, Atlantic, Ford, New York Times, Npr, Louisiana, Donald Trump, Ruth Bader Ginsburg, Economist, Trump, Round-up, United States Postal Service


Thursday round-up

In an op-ed for The New York Times, Linda Greenhouse writes that Chief Justice John Roberts’ vote last week in June Medical Services v. Gee to temporarily block a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals was not surprising, because “circumstances compelled the chief justice to stand up to a stunning act of judicial defiance” by the U.S. Court of Appeals for the 5th Circuit. At Take Care, Brianne Gorod and Rebecca Damante argue that “wha...
Tags: Supreme Court, Law, Court, Alabama, Ap, Fox News, Louisiana, Ruth Bader Ginsburg, Ray, Round-up, Mark Sherman, U S Supreme Court, John Roberts, George Barna, Roberts, U S Court of Appeals


Wednesday round-up

Briefly: At CNN, Ariane de Vogue and Ted Barrett report that “Republican Sen. Susan Collins, a supporter of abortion rights who cast a critical vote to confirm Justice Brett Kavanaugh, said in an interview with CNN that despite his vote in a recent abortion access case, [June Medical Services v. Gee,] she did not believe Kavanaugh would ultimately vote to overturn Roe v. Wade.” At Constitution Daily, Lyle Denniston reports that “the Supreme Court on Monday set the stage for acting soon – probab...
Tags: Supreme Court, Law, Alabama, America, Cnn, United States, Fca, Round-up, Lyle Denniston, U S Supreme Court, U S Department of Justice, The Supreme Court, Adam Feldman, NFIB, Kavanaugh, Sen Susan Collins


Michigan Attorney General files amicus briefs in state Supreme Court supporting challenges to state's sex offender registry

As reported in this press release, "Michigan Attorney General Dana Nessel filed amicus briefs in the Michigan Supreme Court [Friday, Feb 8] in Michigan v Snyder (Case number 153696) and People v Betts (Case number 148981), arguing that Michigan’s sex offender registration and notification requirements are punishment because they are so burdensome and fail to distinguish between dangerous offenders and those who are not a threat to the community."  Here is more from the release: “When originally...
Tags: Sixth Circuit, Supreme Court, Law, People, Pennsylvania, Alaska, Michigan, Smith, DOE, U S Supreme Court, Snyder, Michigan Supreme Court, Betts, Dana Nessel, John Does, Sixth Circuit Court of Appeals


LexBlog Network adding blog publications by the day

I’m little slow sharing an email I received from LexBlog’s Associate Editor, Melissa Lin, a couple weeks ago. Gave me goosebumps to feel her excitement and passion and to know we were on our way to showcasing blogs and bloggers, worldwide. I thought it a perfect way to share with you how the LexBlog network is growing.   ———————————————————————————————————— As I announced at our company goals meeting last week, the publishing team will add 1000 member blogs to the LexBlog network by t...
Tags: Law, Pennsylvania, Ohio, North Carolina, Lexblog Community, U S Supreme Court, LexBlog Network, Douglas Berman, Bob Ambrogi, Howard Friedman, Melissa Lin, Jason Dzubow, State University Law School, University of Toledo Law


Symposium: How to win the partisan gerrymandering cases

Daniel Tokaji is Associate Dean for Faculty and Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law at The Ohio State University Michael E. Moritz College of Law. No one said this would be easy. For decades, critics of partisan gerrymandering have been knocking on the U.S. Supreme Court’s door, seeking a ruling that extreme gerrymanders violate the U.S. Constitution. Even as the problem has worsened, the court has refused to open that door – though it hasn’t locked...
Tags: Featured, Maryland, Supreme Court, Law, Indiana, Pennsylvania, Williams, Wisconsin, Courts, Ohio, North Carolina, Kennedy, Anderson, Rhodes, Sonia Sotomayor, U S Supreme Court


Jerry Sandusky convictions affirmed on post-conviction review, but resentencing ordered (on a Blakely/Alleyne issue)

This USA Today article, headlined "Court rules Jerry Sandusky should be resentenced after turning down his appeal," reports on the result of a high-profile (and lengthy) intermediate state-court ruling.  Here are the details: Jerry Sandusky lost a bid for a new trial Tuesday but a Pennsylvania appeals court ordered him to be re-sentenced for a 45-count child molestation conviction. The former Penn State assistant football coach was sentenced in 2012 to 30 to 60 years, but a Superior Court panel...
Tags: Law, Pennsylvania, Usa Today, Penn State, U S Supreme Court, Lindsay, Superior Court, Wolfe, Appellant, Jerry Sandusky, Sandusky, Douglas A Berman, Alleyne, The Superior Court, Joe Grace, Blakely Alleyne


Jerry Sandusky convictions affirmed on appeal, but resentencing ordered (on a Blakely/Alleyne issue, it seems)

This USA Today article, headlined "Court rules Jerry Sandusky should be resentenced after turning down his appeal," reports on the result of a high-profile (and lengthy) intermediate state-court ruling.  Here are the details: Jerry Sandusky lost a bid for a new trial Tuesday but a Pennsylvania appeals court ordered him to be re-sentenced for a 45-count child molestation conviction. The former Penn State assistant football coach was sentenced in 2012 to 30 to 60 years, but a Superior Court panel...
Tags: Law, Pennsylvania, Usa Today, Penn State, U S Supreme Court, Lindsay, Superior Court, Jerry Sandusky, Sandusky, Douglas A Berman, The Superior Court, Joe Grace, Blakely Alleyne, Al Lindsay


Event announcement: Media briefing on OT 2018 at midpoint

On February 12 at 1 p.m. EST, the Washington Legal Foundation will host a media briefing and webinar entitled, “High Court Halftime: The U.S. Supreme Court’s October Term 2018 at Midpoint.” Speakers include John Elwood, Michael Kimberly and Elizabeth Papez. More information, including instructions on how to RSVP, is available here. The post Event announcement: Media briefing on OT 2018 at midpoint appeared first on SCOTUSblog.
Tags: Law, U S Supreme Court, Event Announcements, EST the Washington Legal Foundation, John Elwood Michael Kimberly, Elizabeth Papez


Texas completes first execution of 2019

As reported in this local article, "Robert Jennings was on Texas’ death row for nearly 30 years.  On Wednesday, the 61-year-old was put to death in the nation’s first execution of 2019."  Here is more: Jennings was sentenced to death in the 1988 murder of Houston police officer Elston Howard.  According to court records, Jennings walked into an adult bookstore to rob it, and Howard was there arresting the store clerk for a municipal violation.  The clerk testified that Howard had no time to eve...
Tags: Texas, Law, Houston, Howard, U S Supreme Court, Jennings, Huntsville, Elston Howard, Douglas A Berman, Robert Jennings



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