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Petitions of the week: Three Second Amendment petitions and a Wiretap Act claim against Facebook

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individual’s right to possess firearms outside the home or after a conviction for a nonviolent offense. Passed in 1968, the Wiretap Act makes it unlawful for someone to “intentionally intercept[] … any wire, oral, or electronic communication,” unless that person “is a party to the communication.” Facebook ...
Tags: Facebook, New York, Featured, Supreme Court, Law, Pennsylvania, United States, Davis, District Of Columbia, General Assembly, Wilson, U S Customs, Border Protection, 9th Circuit, Pennsylvania Supreme Court, Gonzalez


Reversing several lower courts, justices allow execution of Lisa Montgomery

The Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years. Montgomery was convicted in 2008 of strangling Bobbie Jo Stinnett, a Missouri woman who was eight months pregnant, and extracting the premature baby to pass off as her own child. In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts that had put Montgomery’s execution on hold, and i...
Tags: Featured, Supreme Court, Law, Joe Biden, Indiana, Missouri, Department Of Justice, Justice Department, Montgomery, Trump, Federal Bureau of Prisons, D C Circuit, U S Court of Appeals, Elena Kagan, Kagan, 7th Circuit


Petitions of the week: Four petitions that test the limits on lawsuits against the government

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. Three of the petitions involve women seeking redress from counties and the military for their role in creating conditions that allowed them to suffer sexual and physical assaults. Broadly speaking, sovereign immunity protects states from suit. However, in 1908’s Ex parte Young, the Supre...
Tags: Texas, Featured, Supreme Court, Law, West Point, Congress, United States, New Jersey, Ohio, Ada, Terry, DOE, Young, Murphy, Robinson, U S Court of Appeals


Federal appeals court turns down Donald Trump push to overturn election results in Wisconsin

The 7th Circuit in Chicago upheld a decision reached nearly two weeks ago by U.S. District Judge Brett Ludwig in Milwaukee.
Tags: Chicago, Wisconsin, Donald Trump, 7th Circuit, Brett Ludwig


Justices allow execution of Alfred Bourgeois to proceed

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Justices Elena Kagan and Sonia Sotomayor indicated that they would have granted the application. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. Through his counsel, Bourgeois told the justices that he met the current psychological standards for intellectual dis...
Tags: Texas, Featured, Supreme Court, Law, Virginia, Indiana, Bourgeois, Atkins, Sonia Sotomayor, U S Court of Appeals, Sotomayor, Elena Kagan, Kagan, 7th Circuit, American Psychiatric Association, Terre Haute Indiana


Court issues new circuit assignments

A little less than a month after the confirmation of Justice Amy Coney Barrett, the Supreme Court on Friday issued a new set of circuit justice assignments, which take effect immediately. Barrett was assigned to the 7th Circuit, where she served as a judge for three years before becoming a justice. Two other justices, Sonia Sotomayor and Neil Gorsuch, were also assigned for the first time to the circuits where they had previously served as judges – Sotomayor to the 2nd Circuit and Gorsuch to the...
Tags: Featured, Supreme Court, Law, Washington, New York City, Ruth Bader Ginsburg, Sonia Sotomayor, Howe, Barrett, Sotomayor, Stephen Breyer, Breyer, 7th Circuit, 10th Circuit, 2nd Circuit, 8th Circuit


Justices grant new cases involving challenges to Social Security Administration judges

The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The justices added two new cases, consolidated for one hour of oral argument, to their merits docket for the term. Monday’s list was also the first set of regularly scheduled orders in which the court’s newest justice, Amy Coney Barrett, participated. The justices agreed in Carr v. Saul and Davis v. Saul to weigh in on when someone seeking Social Security benefits can challenge the validity of the ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Davis, Social Security Administration, Federal Trade Commission, Ftc, Carr, Calif, Howe, Barrett, Saul, U S Court of Appeals, Federal Election Commission


Symposium: Religious privilege in Fulton and beyond

This article is part of a symposium previewing Fulton v. City of Philadelphia. Micah Schwartzman is the Harry Cross Dillard professor of law at the University of Virginia School of Law. Richard Schragger is the Perre Bowen professor of law at the University of Virginia School of Law. Nelson Tebbe is the Jane M.G. Foster professor of law at Cornell Law School. All three joined an amicus brief in support of Philadelphia. The world has changed since a couple months ago when we were invited to write...
Tags: Featured, Law, Congress, City, Pennsylvania, Philadelphia, Newark, Republican Party, Smith, Ruth Bader Ginsburg, Cutter, Antonin Scalia, John Roberts, Fulton, Roberts, Ginsburg


Petitions of the week: The public-charge rule, Boston Marathon bombing and more

This week we highlight cert petitions that ask the Supreme Court to review, among other things, the Trump administration’s public-charge rule and the vacated death sentences of Dzokhar Tsarnaev, convicted for his role in the 2013 Boston Marathon bombing. Under the Immigration and Nationality Act, immigrants can be denied green cards if, “in the opinion of” the secretary of the Department of Homeland Security, the person is “likely at any time to become a public charge.” Congress, however, did no...
Tags: New York, Featured, Supreme Court, Law, Congress, Dhs, United States, Boston Marathon, Department Of Homeland Security, Dzhokhar Tsarnaev, Trump, Wolf, Gary, Supplemental Nutrition Assistance Program, U S Department of Homeland Security, Barrett


McConnell Vows To Keep Confirming Judges Right Up Until January

Senate Majority Leader Mitch McConnell (R-KY) vowed Friday that he would continue his full-court press to remake the judiciary up until January 3, when Democrats may take over the Senate, depending on the outcome of next week’s election. “We’re going to run through the tape. We go through the end of the year, and so does the President,” McConnell told conservative radio host Hugh Hewitt. “We’re going to fill the 7th Circuit. And I’m hoping we have time to fill the 1st Circuit as well.” The se...
Tags: News, Supreme Court, Obama, Senate, White House, Barack Obama, Joe Biden, Mitch McConnell, Federal Judges, Biden, Ginsberg, Hugh Hewitt, Barrett, Mitch McConnell R Ky, McConnell, Chuck Schumer


Symposium: From the travel ban to the border wall, restrictive immigration policies thrive on the shadow docket

This article is part of a symposium on the Supreme Court’s shadow docket. Shoba Sivaprasad Wadhia is associate dean for diversity, equity and inclusion and director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park. She has served as co-counsel on amicus briefs pertaining to some of the cases discussed in this article. She is the author of Banned: Immigration Enforcement in the Time of Trump (NYU Press, 2019) and Beyond Deportation: The Role of Prosecutorial Discre...
Tags: New York, Featured, Supreme Court, Law, California, Mexico, United States, Hawaii, Muslim, Yemen, Donald Trump, Nyu, Trump, Sonia Sotomayor, 9th Circuit, U S Court of Appeals


Court declines to reinstate COVID-19 accommodations for elections in Wisconsin

The Supreme Court on Monday rejected requests from two groups of Wisconsin voters and the Democratic National Committee to reinstate modifications to election rules that a federal judge had ordered for the November election because of the coronavirus pandemic. The 5-3 ruling means that the the election will go forward without the accommodations, which included extending the deadline for the receipt of absentee ballots and making it easier for local election officials to work in areas where they ...
Tags: Featured, Supreme Court, Law, Senate, Court, Dnc, Pennsylvania, Wisconsin, North Carolina, Ruth Bader Ginsburg, Republican National Committee, Sonia Sotomayor, John Roberts, Roberts, Conley, Howe


Senate Confirms Amy Coney Barrett, Locking In Conservative Control Of SCOTUS

The Senate confirmed Judge Amy Coney Barrett to the Supreme Court on Monday, making her the third Trump nominee to reach the high court. Her confirmation is the culmination of the decades-long effort by the conservative legal movement to remake the federal judiciary in its image. By putting her on the court just a week before the election, Senate Republicans have prioritized those long term goals over the short term political price their vulnerable members may pay at the ballot box next we...
Tags: News, Supreme Court, Obamacare, Congress, Senate, White House, Pennsylvania, Democrats, Gop, Mitch McConnell, Catholic, North Carolina, Ruth Bader Ginsburg, Gore, Trump, Bush


Symposium: Barrett’s history-first approach to the Second Amendment

This article is part of a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. Ten years before Justice Antonin Scalia wrote the landmark Second Amendment opinion in District of Columbia v. Heller crystallizing the Constitution’s guarantee of the right to keep and bear arms as an individual right, he was welcoming a young clerk to chambers by the name of Amy Coney Barrett. There were no Second Amendment cases before the Supreme Court that term. In fact, before Heller, the c...
Tags: Featured, Supreme Court, Law, California, New York City, Reagan, Medicare, Donald Trump, Columbia, Thomas, Antonin Scalia, Senate Judiciary Committee, John Roberts, Scalia, Barrett, U S Court of Appeals


Are These Five States (And A Territory) Ready For A Pandemic Election?

The election is a scant three weeks away, and a new surge in COVID-19 cases is upon us. We continue our state-by-state look at how election officials are trying to keep voting safe in the pandemic. On tap for this week are: Idaho, Indiana, Nebraska, North Dakota, South Dakota, and Puerto Rico. Where have election officials worked out the kinks of their summer primaries? And where has the chaos already begun to infect the general? Here’s this week’s installment of our survey, and check out the...
Tags: News, Supreme Court, Cbs News, Senate, Joe Biden, Indiana, Gop, North Dakota, Idaho, Maine, South Dakota, House, Nebraska, Lincoln, Donald Trump, Barnett


Is Your State Ready For Election Day?

The election is a scant three weeks away, and a new surge in COVID-19 cases is upon us. We continue our state-by-state look at how election officials are trying to keep voting safe in the pandemic. On tap for this week are: Idaho, Indiana, Nebraska, North Dakota, South Dakota, and Puerto Rico. Where have election officials worked out the kinks of their summer primaries? And where has the chaos already begun to infect the general? Here’s this week’s installment of our survey, and check out the...
Tags: News, Supreme Court, Cbs News, Senate, Joe Biden, Indiana, Gop, North Dakota, Idaho, Maine, South Dakota, House, Nebraska, Lincoln, Donald Trump, Barnett


A Close Look At The Pandemic Election Hurdles Facing Five States And A Territory

The election is a scant three weeks away, and a new surge in COVID-19 cases is upon us. We continue our state-by-state look at how election officials are trying to keep voting safe in the pandemic. On tap for this week are: Idaho, Indiana, Nebraska, North Dakota, South Dakota, and Puerto Rico. Where have election officials worked out the kinks of their summer primaries? And where has the chaos already begun to infect the general? Here’s this week’s installment of our survey, and check out the...
Tags: News, Supreme Court, Cbs News, Senate, Joe Biden, Indiana, Gop, North Dakota, Idaho, Maine, South Dakota, House, Nebraska, Omaha, Lincoln, Donald Trump


Argument analysis: Bankruptcy metaphysics

On Tuesday, the Supreme Court heard argument in City of Chicago v. Fulton via phone. The issue in this case is a narrow statutory question about how two sections of the U.S. Bankruptcy Code interact. With the argument tightly focused on the text of the statute, there were few fireworks to report. Craig Goldblatt argues remotely for Chicago (Art Lien) This case arises out of the city of Chicago’s practice of impounding cars for nonpayment of fines and fees owed to the city. To retrieve their ca...
Tags: Featured, Supreme Court, Law, Congress, Chicago, United States, Sonia Sotomayor, John Roberts, Fulton, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, 7th Circuit, Clarence Thomas


Symposium: A close look at Barrett’s rulings on qualified immunity

This article is part of a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. Stephen Wermiel writes the “SCOTUS for law students” column for SCOTUSblog. He is a professor of practice at American University Washington College of Law, where he teaches constitutional law and a seminar on the Supreme Court. Among the hot-button issues that Judge Amy Coney Barrett has encountered in her nearly three years on the U.S. Court of Appeals for the 7th Circuit is the scope of qualifi...
Tags: Featured, Supreme Court, Law, Navy, Indiana, Chicago, DOE, Thomas, Ford Fusion, Sonia Sotomayor, Benner, John Doe, Barrett, U S Court of Appeals, Sotomayor, Purdue


Symposium: Sifting for clues in Barrett’s criminal law opinions

This article is part of a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. Evan Lee is a professor of law emeritus at UC Hastings College of the Law in San Francisco. Of the 21 criminal law opinions Judge Amy Coney Barrett has published while on the U.S. Court of Appeals for the 7th Circuit, seven were in favor of the defendant and 14 in favor of the government. It’s a small body of work, suggesting caution about drawing broad conclusions. Still, these opinions contain ...
Tags: Featured, Supreme Court, Law, San Francisco, Fbi, United States, Watson, Terry, Antonin Scalia, Senate Judiciary Committee, Moody, Barrett, U S Court of Appeals, 7th Circuit, UC Hastings College, Barr


Symposium: Barrett’s record suggests willingness to uphold abortion restrictions

This article is the first entry in a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. As a presidential candidate in 2016, Donald Trump pledged to appoint “pro-life” justices. As a result, he told Fox News anchor Chris Wallace, the Supreme Court would “automatically” overturn Roe v. Wade, the landmark 1973 decision establishing the right to obtain an abortion. At this ongoing week’s confirmation hearings for Judge Amy Coney Barrett, Trump’s nominee to fill the vacancy o...
Tags: Featured, Supreme Court, Law, Obama, Colorado, Planned Parenthood, Indiana, Chicago, Fox News, Catholic, Circuit, Louisiana, Donald Trump, Ruth Bader Ginsburg, Notre Dame, Sykes


Wisconsin voters ask Supreme Court to reinstate COVID-19 accommodations for upcoming elections

Two different groups of Wisconsin voters came to the Supreme Court on Tuesday, asking the justices to reinstate three modifications to election rules that a federal district judge had ordered for the upcoming election because of the coronavirus pandemic. The groups want the justices to block a ruling by the U.S. Court of Appeals for the 7th Circuit that paused those modifications. U.S. District Judge William Conley issued an order in four consolidated cases on Sept. 21 that, among other things, ...
Tags: Featured, Supreme Court, Law, Court, Wisconsin, Circuit, Legislature, Conley, Howe, U S Court of Appeals, 7th Circuit, Purcell, William Conley, Brett Kavanaugh, Ilana Rovner, Election litigation


Wisconsin voters ask Supreme Court to reinstate COVID-19 accommodations for upcoming elections (updated)

Two different groups of Wisconsin voters came to the Supreme Court on Tuesday, asking the justices to reinstate three modifications to election rules that a federal district judge had ordered for the upcoming election because of the coronavirus pandemic. The groups want the justices to block a ruling by the U.S. Court of Appeals for the 7th Circuit that paused those modifications. U.S. District Judge William Conley issued an order in four consolidated cases on Sept. 21 that, among other things, ...
Tags: Featured, Supreme Court, Law, Court, Wisconsin, Circuit, Legislature, Conley, Howe, Democratic National Committee, U S Court of Appeals, 7th Circuit, Purcell, Kavanaugh, William Conley, Brett Kavanaugh


Barrett hearings, day two: “I have no agenda”

Supreme Court nominee Amy Coney Barrett declined on Tuesday to answer questions about her views on the Affordable Care Act, abortion, same-sex marriage and a slew of other issues, saying repeatedly that she has made “no pre-commitments” about how she would decide any case if she were confirmed. Rebuffing Democrats, she also would not say whether she would recuse herself if a case involving the 2020 election came to the court. In a nearly 12-hour question-and-answer session with members of the Se...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, America, United States, Donald Trump, Ruth Bader Ginsburg, Madison, Black, Booker, Trump, Senate Judiciary Committee, Brown


A Look At Judge Barrett’s Notable Opinions And Votes On Race, Abortion, Voting

Judge Amy Coney Barrett, President Donald Trump’s nominee for the Supreme Court, has written roughly 100 opinions in more than three years on the 7th U.S. Circuit Court of Appeals. Her opinions include cases on guns, sexual assault on campus, immigration and employment discrimination. She also has signed onto several opinions, including two dealing with abortion, that are sure to be questioned in this week’s confirmation hearing. Summaries of some of her notable opinions: ___ ABORTION Barrett ...
Tags: News, Supreme Court, Navy, Washington, America, Indiana, Chicago, United States, Wisconsin, Colbert, John, Smith, Donald Trump, Clinton, Trump, Mike Pence


Barrett hearings, day one: Opening statements on health care, religion and the Supreme Court’s role

Judge Amy Coney Barrett told the Senate Judiciary Committee on Monday afternoon that “courts are not designed to solve every problem or right every wrong” after a day of polarized back-and-forth in which senators quarreled over the Supreme Court’s prominent role in health care, abortion, voting rights and electoral politics. Barrett sat in silence, wearing a mask, for most of the day as all 22 members of the committee took turns giving 10-minute opening statements. It was the first of four days ...
Tags: Utah, Texas, Featured, Supreme Court, Law, California, Washington, White House, Barack Obama, Connecticut, Catholic, Donald Trump, Ruth Bader Ginsburg, Delaware, Mike Lee, Centers For Disease Control And Prevention


Empirical SCOTUS: A comprehensive look at Judge Amy Coney Barrett

Judge Amy Coney Barrett, now a Supreme Court nominee, has followed a well-worn path of nominees before her. President Donald Trump nominated her to the U.S. Court of Appeals for the 7th Circuit on Nov. 2, 2017. He then nominated her to the Supreme Court, just under three years later, on Sept. 26, 2020. Chief Justice John Roberts, nominated by President George W. Bush to the U.S. Court of Appeals for the District of Columbia Circuit, similarly served less than three years as an appeals court judg...
Tags: Featured, Supreme Court, Law, Conservative, United States, Watson, Circuit, Republican, Donald Trump, George W Bush, Trump, Bush, Democratic, U S Supreme Court, John Roberts, North Carolina State University


Depicting Randy Orton’s Tattoos in a Video Game Could Be Copyright Infringement–Alexander v. WWE 2K

[To be honest, I’m struggling to blog new IP law developments during a time when we may be witnessing the last days of the American republic. Candidly, I’m hoping you won’t distract yourself from the urgent existential threats our country faces. Maybe file this blog post away to read after the elections?] This case involves wrestler Randy Orton and his tattoos. Catherine Alexander inked 6 tattoos for him between 2002-08. Orton and Alexander did not have a written license agreement. Alexander say...
Tags: Law, Copyright, Alexander, 7th Circuit, Orton, Randy Orton, Take Two Interactive Software Inc, Licensing/Contracts, Aaron Perzanowski, Solid Oak, Solid Oak Sketches, Catherine Alexander, Whitmill


R. 11 Sanctions and Serving “the Motion”

The following question is one I taught in Civil Procedure earlier this semester: May a motion for Rule 11 sanctions be granted when the moving party fails to serve the motion on the nonmoving party prior to filing? In my class, I taught that R.11(c)(2) prohibits a party from filing a R.11 motion for sanctions without first serving “the motion” on the non-moving party (and waiting 21 days). My students: What if we the moving party provides notice by sending an email to say that they are plannin...
Tags: Law, Milwaukee, Khan, Illinois, Patent, Court of Appeals, 7th Circuit, Federal Circuit, Crouch, Seventh Circuit, Easterbrook, Wright Miller, Hemosphere Inc, In Khan, Khan Petition, Nisenbaum


Far fewer Americans back SCOTUS hearings for Barrett today than supported Garland's hearings in 2016

Republicans see this year's Supreme Court fight differently than they did in 2016. Americans do too.When former President Barack Obama moved to fill an election-year Supreme Court vacancy in 2016, a Monmouth University poll found 73 percent of voters said the nominee, Merrick Garland, should get a hearing. But this time around, Monmouth found just 53 percent say President Trump's nominee Amy Coney Barrett should be considered.Trump formally nominated the conservative 7th Circuit judge on...
Tags: News, Supreme Court, Scotus, Senate, Barack Obama, Joe Biden, Ruth Bader Ginsburg, Trump, Antonin Scalia, Monmouth University, Barrett, Garland, 7th Circuit, Monmouth, Merrick Garland, Amy Coney Barrett