Posts filtered by tags: Adam Liptak[x]


 

Thursday round-up

Adam Liptak reports for The New York Times that although “[a]bortion rights are at risk at the Supreme Court, … the short-term threat may not come from extreme laws like the one passed by Alabama lawmakers” this week: “The court led by Chief Justice John G. Roberts Jr. is more likely to chip away at the constitutional right to abortion established in 1973 in Roe v. Wade than to overturn it outright,” and “[i]t will have plenty of opportunities to do so.” Joan Biskupic writes at CNN that “in his ...
Tags: Apple, Florida, Justice, Supreme Court, Law, Washington Post, Alabama, Cnn, Pepper, Atlantic, New York Times, Louisiana, App Store, Usa Today, Hyatt, Round-up


Tuesday round-up

Yesterday the Supreme Court issued decisions in three cases. In Apple v. Pepper, a divided court held that a lawsuit against Apple by iPhone users who allege that Apple is violating federal antitrust laws by requiring them to buy apps only from the company’s App Store can go forward. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. Subscript Law has a graphic explainer for the opinion. At The Daily Caller, Kevin Daley reports that “Justice Brett Kavanaugh del...
Tags: Apple, Supreme Court, Law, Oregon, America, Pepper, United States, New York Times, Fca, Ohio, Silicon Valley, Npr, Nevada, App Store, Los Angeles Times, Hall


Is the latest SCOTUS sparring in capital cases only likely to get worse and worse?

The question in the title of this post is prompted by today's Supreme Court developments in older capital cases, some of which I missed when just blogging here about the morning order list.   Specifically, I missed that Justice Alito penned a lenghty dissent to a stay in a capital case from Texas six week ago(!), which in turn prompted a four-page defense of the stay by Justice Kavanaugh.  (This discussion can be found at this link following the original stay.)   Adam Liptak summarizes all the a...
Tags: Texas, Supreme Court, Law, Christopher Lee, Alabama, New York Times, Christian, Thomas, Buddhist, Adam Liptak, Alito, Breyer, Stephen G Breyer, Elena Kagan, Clarence Thomas, Kavanaugh


Monday round-up

Amy Howe reports for this blog, in a post first published at Howe on the Court, that on Friday, “Republican legislators from Ohio and Michigan … asked the Supreme Court to put lower-court rulings that found partisan gerrymandering in those states on hold while they appeal”; the legislators argue that the Supreme Court may decide this term in partisan-gerrymandering cases from North Carolina and Maryland “that partisan gerrymandering claims do not belong in court at all.” At Modern Democracy, Mic...
Tags: Maryland, Supreme Court, Law, Court, Cnn, New York Times, Ohio, Michigan, Npr, Louisiana, North Carolina, Donald Trump, The Washington Post, Paul Clement, Round-up, TVA


Ask the authors: “Plain words, easily understood”

The following is a series of questions prompted by the publication of Lee C. Bollinger and Geoffrey R. Stone’s “The Free Speech Century” (Oxford University Press, 2019). As Justice Oliver Wendell Holmes famously suggested in 1919 in Schenck v. United States, the Supreme Court’s first attempt to interpret the First Amendment’s free speech clause, the “most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” But what does free s...
Tags: New York, Featured, Supreme Court, Law, Congress, Book Reviews, Alabama, America, United States, South Africa, United Kingdom, New York Times, Bill Cosby, Cosby, Ohio, Lincoln


Tuesday round-up

Yesterday a unanimous court ruled in Thacker v. Tennessee Valley Authority that the TVA can generally be sued for personal-injury claims, and sent the case back for the lower court to determine whether this particular claim can proceed. Gregory Sisk analyzes the opinion for this blog. Y. Peter Kang and Jimmy Hoover report for Law360 (subscription required) that the ruling “reviv[es] a sports fisherman’s negligence suit against the quasi-government utility.” At Bloomberg Law, Jordan Rubin reports...
Tags: Google, New York, Supreme Court, Law, Bloomberg, New York Times, Joe Arpaio, Oracle, Trump, Round-up, TVA, U S Supreme Court, Howe, Adam Liptak, Department of Commerce, Mark Walsh


Monday round-up

Briefly: Adam Liptak visits The New York Times’ podcast The Daily to talk about Department of Commerce v. New York, a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census that is “the biggest case in front of the Supreme Court this session.” At CNN, Joan Biskupic reports that “[r]ecent late-night orders, an abrupt dismissal of a case after oral arguments, and long-pending appeals that have fallen into a black hole at the Supreme Court have cast...
Tags: New York, Supreme Court, Law, America, Cnn, United States, New York Times, Michigan, Trump, Round-up, Adam Liptak, Kenneth Jost, Jost, Department of Commerce, Joan Biskupic, Varela


Thursday round-up

Yesterday the court ruled 5-4 in Lamps Plus Inc. v. Varela that the Federal Arbitration Act bars interpretation of an arbitration agreement under state law that would allow class arbitration based on general language commonly used in arbitration agreements. Greg Stohr reports at Bloomberg that the “ruling said courts shouldn’t allow class arbitration unless an agreement clearly authorizes that type of proceeding.” For , Jess Bravin reports that “[t]he case is the latest in a string of decisions...
Tags: New York, Justice, Supreme Court, Law, Bloomberg, United States, New York Times, Usa Today, Hopkins, Round-up, Reuters, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr


"Suppose the Secretary puts in a question about sexual orientation. Suppose he puts a question in about arrest record. Suppose he says, I'm going to have the whole survey in French..."

"We have no role to play no matter how extreme?" Justice Breyer questioned the Solicitor General, who was defending the decision to put a question about citizenship on the 2020 census. (Here's the pdf of the oral argument.)I couldn't find a story about the argument on the front page of the nytimes.com. I had to do a search, and I came up with this snippet:The Supreme Court’s conservative majority seems poised to allow the Trump administration to add a question on citizenship to the 2020 census. ...
Tags: Texas, Supreme Court, Law, Mexico, Commerce, House, United Nations, Statistics, Census, Trump, American Civil Liberties Union, Adam Liptak, Breyer, Census Bureau, Neil M Gorsuch, Gorsuch


Afternoon round-up: Oral argument in Department of Commerce v. New York

This morning, the justices heard 80 minutes of argument in one of the term’s highest-stakes cases, Department of Commerce v. New York, a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census. Amy Howe analyzed the argument for this blog, in a post that originally appeared at Howe on the Court, reporting that “the justices seemed divided along ideological lines, with the conservative justices appearing ready to uphold the use of the question.” Add...
Tags: Usa, New York, Law, Court, Nbc News, Los Angeles, Fox News, Trump, Round-up, Mark Sherman, Sonia Sotomayor, Robert Barnes, Lawrence Hurley, Howe, Adam Liptak, Jess Bravin


Monday round-up

This morning the Supreme Court will kick off its April session, the last of the term, with oral arguments in two cases. First up is Iancu v. Brunetti, in which the court will consider a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. Megan Carpenter previewed the case for this blog. Lauren Kloss and Nayanthika Ramakrishnan have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. At Blo...
Tags: New York, Supreme Court, Law, Alabama, Bloomberg, Commerce, New York Times, Round-up, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr, Department of Commerce, Brunetti, Amy Howe


Tuesday round-up

The justices decided two cases yesterday. In Bucklew v. Precythe, the court, by a vote of 5-4, rejected a death-row inmate’s argument that, because he suffers from a rare medical condition, executing him by lethal injection would be so painful that it would violate the Constitution’s ban on cruel and unusual punishment. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the decision “revealed fault lines and cons...
Tags: New York, Supreme Court, Law, Court, Indiana, New York Times, Nielsen, Los Angeles Times, Trump, Round-up, Thomas, Howe, Adam Liptak, Jess Bravin, Sullivan, Clarence Thomas


Monday round-up

For , Jess Bravin reports that last week’s order temporarily halting the execution of a Buddhist prisoner, Patrick Murphy, pending review of Murphy’s challenge to Texas’ refusal to allow a Buddhist priest to join him in the execution chamber “contrasted sharply with the court’s 5-4 vote last month rejecting a similar plea from a Muslim inmate in Alabama.” At The Economist’s Democracy in America blog, Steven Mazie calls the order “something of a surprise” “[g]iven the justices’ recent decision” ...
Tags: New York, Texas, Supreme Court, Law, Congress, Washington Post, Alabama, America, Bloomberg, New York Times, Ada, Ruth Bader Ginsburg, Chevron, Economist, Trump, Round-up


Thursday round-up

Amy Howe analyzes yesterday’s oral argument in Kisor v. Wilkie, in which the justices considered whether to overrule precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations, for this blog, in a post that first appeared at Howe on the Court; she reports that the justices were “deeply divided in a case in which their ruling could have implications not only for veterans but also for other areas of the law ranging from the environment to immigra...
Tags: Supreme Court, Law, Bloomberg, Cnn, Alaska, New York Times, SEC, Louisiana, Smith, Frost, Sturgeon, Securities And Exchange Commission, National Park Service, Round-up, Reuters, John Roberts


Afternoon round-up: Today’s oral argument in partisan gerrymandering cases

Today the Supreme Court heard oral argument in two cases, Lamone v. Benisek and Rucho v. Common Cause, which challenge the constitutionality of election maps in Maryland and North Carolina, respectively. The justices are being asked whether the states went too far in favoring one political party over the other when drawing their election maps. Amy Howe has this blog’s analysis, which was first published at Howe on the Court. She writes that after two hours of argument, “there were clear divides ...
Tags: Post, Maryland, Supreme Court, Law, Bloomberg, New York Times, Fox News, Associated Press, Arnold Schwarzenegger, Usa Today, North Carolina, The Washington Post, Los Angeles Times, Round-up, Reuters, Mark Sherman


Tuesday round-up

This morning the court will hear oral arguments in two partisan-gerrymandering cases. First up is Rucho v. Common Cause, a challenge to North Carolina’s federal congressional map, adopted by the state’s Republican-controlled legislature in 2016. Connor O’Neill previews the case for Cornell Law School’s Legal Information Institute. This morning’s second argument is in Lamone v. Benisek, in which Republican voters are challenging a single Maryland congressional district. Matt Farnum and Trevor O’B...
Tags: Maryland, Supreme Court, Law, Court, New York Times, Federal Communications Commission, Npr, Nielsen, North Carolina, Kevin Johnson, Cornell, Economist, Round-up, Lyle Denniston, Howe, Adam Liptak


Wednesday round-up

The justices will hear argument in one case this morning: Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution. Amy Howe previewed the case for this blog, in a post that was first published at Howe on the Court. Cecilia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. At AP, Jeff Amy and Mark Sherman report that “[t]he state, defending the co...
Tags: New York, Mississippi, Supreme Court, Law, Congress, Oregon, Court, America, Georgia, Bloomberg, Ap, Atlantic, United States, Hawaii, Liberty, New York Times


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


Thursday round-up

Briefly: For The New York Times, Adam Liptak reports that “a group of hip-hop stars, including Chance the Rapper, Meek Mill, Killer Mike, Yo Gotti, Fat Joe and 21 Savage,” filed a brief yesterday “urg[ing] the Supreme Court to hear their fellow rapper’s First Amendment challenge to his conviction” “for threatening police officers — in a song.” At SCOTUS OA, Tonja Jacobi and Matthew Sag predict a 6-3 win for the proponents of the Peace Cross in The American Legion v. American Humanist Associatio...
Tags: Supreme Court, Law, Indiana, Atlantic, Liberty, New York Times, Davis, Chevron, Round-up, Thomas, International Finance Corporation, Adam Liptak, Jam, Loos, Stephen Breyer, Breyer


Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding a patent case to its docket for next term and declining to review two related cases involving public funding of religious institutions. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Jurist, Erin McCarthy Holliday covers the patent case, Iancu v. NantKwest, which asks whether a federal law allowing a patent applicant to seek review of a patent denial in district court but re...
Tags: Supreme Court, Law, Washington Post, Wall Street, Court, Bloomberg, Ap, Cnn, House, New York Times, New Jersey, Ruth Bader Ginsburg, Los Angeles Times, Round-up, Thomas, Copyright Office


The Scandal of the Peace Cross: Secularists Take Aim at a Monument

Does the simple existence of a large, concrete cross on public land that honors veterans from World War I violate the United States Constitution? The Supreme Court took up that question during the oral arguments of The American Legion v. American Humanist Association. The issues at stake, like the monument itself, loom large over the landscape. The case centers on the memorial Peace Cross in Bladensburg, Maryland, and it is one of the most important cases to appear before the Supreme Court on re...
Tags: Maryland, Supreme Court, Congress, Court, Articles, America, Blog, Blogging, United States, New York Times, Npr, The Washington Post, Wall Street Journal, Lemon, US supreme court, Jesus Christ


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


Tuesday round-up

This morning the justices will hear oral argument in two criminal cases, both involving federal supervised release. First up is United States v. Haymond, a constitutional challenge to a statutory provision that requires judges to impose additional prison time on sex offenders who violate the terms of their supervised release. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Matt Farnum and Trevor O’Bryan preview the case for Cornell Law School’s Legal Information Inst...
Tags: Supreme Court, Law, California, Washington Post, Ap, United States, New York Times, Fox News, Jackson, Ruth Bader Ginsburg, Wall Street Journal, Cornell, Hyatt, American Legion, Round-up, National Review


Three Things About the "Peace Cross" Case that Everyone Should--But Not Quite Everyone Does--Agree Upon

On Wednesday, the Supreme Court will hear argument in American Legion v. American Humanist Association , Nos. 17-1717 & 18-18, the case involving the constitutionality of the Bladensburg “Peace Cross.”  (See Adam Liptak's story in the Times today.) If you’re in the D.C. area and you haven’t seen it, do yourself a favor:   take a visit.   It’s only five miles from the Court—just a twelve-minute drive if it’s not rush hour.   And you should go in the evening.   Approaching from the south...
Tags: Europe, Maryland, Supreme Court, Congress, Court, United States, Hawaii, Jesus, Red Cross, Times, Christ, Armed Forces, Branding, American Legion, Trump, Hurley


Wednesday round-up

This morning, in Mission Product Holdings Inc. v. Tempnology LLC, the justices will consider whether a trademark licensee retains any rights under a licensing agreement when the licensor goes bankrupt. Ronald Mann previewed the case for this blog. Cecelia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. Yesterday the court released additional orders from Friday’s conference, adding an important Clean Water Act case to their docket for next term and in...
Tags: Texas, Mississippi, Maryland, Supreme Court, Law, Kentucky, Court, Cnn, Atlantic, New York Times, Epa, Flowers, Ruth Bader Ginsburg, American Legion, Trump, Round-up


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


Monday round-up

Amy Howe covers last week’s Supreme Court news, including action “in cases asking the justices to intervene in cases involving the death penalty and abortion,” in a podcast at Howe on the Court. At First Mondays (podcast), Howe joins the hosts to expand on those topics. At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privil...
Tags: Supreme Court, Law, Alabama, America, Bloomberg, Federal Communications Commission, Louisiana, Economist, ABA Journal, Round-up, John Roberts, Fourth Circuit, Robert Barnes, Roberts, Howe, Adam Liptak


Friday round-up

Last night the Supreme Court, by a vote of 5-4, with Chief Justice John Roberts joining the more liberal justices, blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals from going into effect pending appeal. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. For , Brent Kendall and Jess Bravin report that “[b]y staying the effect of the lower-court ruling, the justices likely committed themselves to giving a ful...
Tags: Supreme Court, Law, Court, Alabama, New York Times, Federal Communications Commission, Louisiana, Round-up, John Roberts, Fourth Circuit, Roberts, Howe, Adam Liptak, Jess Bravin, Brent Kendall, Michael Dorf


Wednesday round-up

Yesterday the Supreme Court issued orders from last Friday’s conference. The justices agreed to review a challenge to New York City’s restrictions on the transportation of licensed handguns, in a case that may not be heard until next term. They also denied the federal government’s request to review lower-court orders banning implementation of the Trump administration’s ban on service in the military by most transgender people, but, by a 5-4 vote, they reinstated the ban while appeals are pending...
Tags: New York, Supreme Court, Law, Obama, Washington Post, Washington, New York City, Bloomberg, Cnn, Npr, Oklahoma, Usa Today, Ruth Bader Ginsburg, Trump, Round-up, U S Supreme Court


Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe analyzes yesterday’s oral argument in Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing. For The Washington Post, Robert Barnes reports that “Supreme Court justices indicated … that they thought Tennessee’s tough residency requirements for those who want to run liquor stores have more to do with protecting in-state economic interests...
Tags: New York, Supreme Court, Law, Congress, Court, Bloomberg, United States, Tennessee, Medicare, Jackson, Ruth Bader Ginsburg, The Washington Post, Trump, Round-up, Reuters, U S Supreme Court