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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


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


Thursday round-up

Richard Re has this blog’s analysis of yesterday’s argument in Franchise Tax Board of California v. Hyatt, in which the justices considered whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Mark Walsh provides a first-hand view of the argument for this blog. For The Washington Post, Robert Barnes reports that during the argument, “two of the court’s most experienced practitioners recounted the founding of the union and the framing ...
Tags: Supreme Court, Law, Indiana, Wyoming, Tennessee, The Washington Post, Hyatt, Round-up, Robert Barnes, Blair, Adam Liptak, Jess Bravin, Brent Kendall, Henry Schein Inc, Mark Walsh, Jessica Mason Pieklo


Wednesday round-up

The justices wrap up the first week of the January session today with one oral argument, in Franchise Tax Board of California v. Hyatt, in which the court will consider whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Richard Re previewed the case for this blog. Clotilde Le Roy and Jarrett Field have a preview at Cornell Law School’s Legal Information Institute. In his first Supreme Court opinion, Justice Brett Kavanaugh wrote for...
Tags: Supreme Court, Law, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, New Orleans, Fox News, Republican, Economist, Hyatt, Trump, Round-up


Monday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that on Saturday “the Supreme Court was asked to step into a clash over a grand jury subpoena that is widely believed to be related to Special Counsel Robert Mueller’s investigation into interference in the 2016 election,” when, “[i]n a filing made under seal, an unnamed corporation … apparently asked the justices to block the subpoena after the lower courts refused to do so”; on Sunday Chief Justice John Roberts...
Tags: Supreme Court, Law, Court, Bloomberg, Cnn, United States, New York Times, Fox News, Npr, Ruth Bader Ginsburg, Trump, Round-up, John Roberts, Larrabee, The Supreme Court, Roberts


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


Monday round-up

Briefly: For The New York Times, Adam Liptak takes a look at the history behind “an awkward and illuminating tradition at the Supreme Court: the group photographs prepared when a new justice joins the court.” As Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, on Friday the justices issued orders from their private conference; they added one case to their merits docket: maritime-law dispute The Dutra Group v. Batterton. At CNN, Joan Biskupic reports that Justi...
Tags: Supreme Court, Law, Court, Tennessee, New York Times, Ruth Bader Ginsburg, Round-up, Blair, Howe, Adam Liptak, Stephen Breyer, Joan Biskupic, Amy Howe, National Law Journal, Tony Mauro, Dutra Group


Friday round-up

Amy Howe analyzes yesterday’s argument in Gamble v. United States, which asks whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause that allows a defendant to be prosecuted for the same crime in both federal and state court, for this blog, in a post that was first published at Howe on the Court. At Fox News, Bill Mears reports that “[t]he justices raised tough questions Thursday about being tried twice for the same crime in different jurisdic...
Tags: Supreme Court, Law, Washington, Court, Atlantic, United States, New York Times, Fox News, Usa Today, Donald Trump, Ruth Bader Ginsburg, Wall Street Journal, Kennedy, Trump, Round-up, Hatch


Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe covers yesterday’s oral argument in Timbs v. Indiana, in which the justices considered whether the Eighth Amendment’s prohibition on excessive fines applies to the states. Robert Barnes reports for The Washington Post that the question “seemed to strike the Supreme Court … as something of a constitutional no-brainer,” and that the justices “seemed more than ready to rule for Tyson Timbs of Marion, Ind., who had his $42,0...
Tags: Apple, Usa, Texas, Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Indiana, Pepper, New York Times, Fca, Rover, Npr, Oklahoma


Wednesday round-up

Today the justices will hear oral argument in Timbs v. Indiana, in which they will consider whether the Eighth Amendment’s excessive fines clause applies to the states. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Julia Hollreiser and Benjamin Rodd have a preview at Cornell Law School’s Legal Information Institute. At The Economist’s Espresso blog, Steven Mazie writes that a “rare left-right coalition of anti-poverty activists, Christian conserva...
Tags: Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Indiana, Cnn, New York Times, Federal Communications Commission, Npr, Louisiana, Oklahoma, Usa Today, Economist, Trump


Tuesday round-up

There are two oral arguments on the Supreme Court’s agenda today. The first is in Nutraceutical Corp. v. Lambert, which involves the timeliness of an appeal from a denial of class-action certification. Howard Wasserman previewed the case for this blog. Amanda Wong and Jared Ham have a preview at Cornell Law School’s Legal Information Institute. Next is Carpenter v. Murphy, a capital case in which the justices will decide whether Congress has disestablished the boundaries of an Indian reservation...
Tags: Apple, Maryland, Supreme Court, Law, Obama, Congress, Washington Post, Virginia, Bloomberg, Indiana, Pepper, Atlantic, New York Times, Federal Communications Commission, Warren, Oklahoma


Justice Announces He Suffered ‘Mini-Stroke’ Over Citizens United

Justice Stevens seems to suffer from the same blindspots as his colleagues.
Tags: Supreme Court, Law, Citizens United, Courts, Stevens, Adam Liptak, John Paul Stevens


Monday round-up

This morning the Supreme Court begins its December sitting with oral arguments in two cases. The first is Apple v. Pepper, in which the justices will consider whether IPhone-app purchasers can bring an antitrust suit against Apple. Amy Howe previewed the case for this blog, in a post that was first published at Howe on the Court. Basem Besada and Isaac Idicula preview the case for Cornell Law School’s Legal Information Institute, and SubscriptLaw offers a graphic explainer. This morning’s second...
Tags: Apple, Supreme Court, Law, Nbc News, Cnn, Pepper, New York Times, The Washington Post, Cornell, Trump, Round-up, U S Supreme Court, Robert Barnes, The Supreme Court, Howe, Adam Liptak


Friday round-up

At NPR, Nina Totenberg reports that “[i]n a rare moment of direct criticism, Supreme Court Chief Justice John Roberts rebuked President Trump on Wednesday for the president’s description of a federal judge who ruled against his asylum policy as ‘an Obama judge,’” and that “[w]ithin hours, the president fired back on Twitter, launching an unusual conflict between the executive and judicial branches.” At AP, Mark Sherman reports that “[b]efore now, it has been highly unusual for a president to sin...
Tags: Supreme Court, Law, Obama, Congress, Nbc News, Ap, New York Times, Npr, Ruth Bader Ginsburg, Trump, Round-up, Mark Sherman, Lyle Denniston, John Roberts, Robert Barnes, Roberts


Monday round-up

The Supreme Court added two cases to its docket on Friday, including In re Department of Commerce, et al., a dispute arising out of a challenge to the administration’s decision to include a question about citizenship on the 2020 census form; the court scheduled oral argument in the case for February 19, 2019. Amy Howe covers the order list for this blog, in a post that was first published at Howe on the Court. At Bloomberg, Greg Stohr reports that “[t]he justices will consider the Trump administ...
Tags: Usa, New York, Supreme Court, Law, Congress, Washington Post, Commerce, New York Times, Npr, Kevin Johnson, Justice Department, US supreme court, Trump, Round-up, Lyle Denniston, Whitaker


Thursday round-up

Amy Howe analyzes yesterday’s oral argument in Republic of Sudan v. Harrison, which involves service of process on foreign governments under the Foreign Sovereign Immunities Act, for this blog, in a post that first appeared at Howe on the Court. Jess Bravin reports for that “Sudan’s government argued … that it shouldn’t have to pay a $315 million judgment for helping terrorists attack a U.S. warship because the plaintiffs sent the legal papers to the wrong place.” At NPR, Nina Totenberg report...
Tags: Supreme Court, Law, Washington Post, Ap, New York Times, Arizona, Sudan, Npr, Trump, Round-up, Robert Barnes, Tucson, Howe, Adam Liptak, Jess Bravin, Nina Totenberg


Tuesday round-up

This morning the Supreme Court will hear oral argument in two cases. First up is Bucklew v. Precythe, in which an inmate argues that because he suffers from a rare medical condition, execution by lethal injection will cause him intolerable pain and would violate the Eighth Amendment. Amy Howe previewed the case for this blog, in a post first published at Howe on the Court. Benjamin Rodd and Julia Hollreiser have a preview at Cornell Law School’s Legal Information Institute. [Disclosure: Goldstei...
Tags: Usa, Supreme Court, Law, Obama, Washington Post, Cbs News, Virginia, Bloomberg, United States, Idaho, Alaska, New York Times, Warren, Fox News, Usa Today, Frost


Monday round-up

As the second week of the November argument session begins, the justices have two cases on their agenda today. The first is Sturgeon v, Frost, in which the court will revisit the question of whether the National Park Service can regulate activities on navigable waters within the national park system in Alaska. Sandi Zellmer previewed the case for this blog. Luis Lozada and Tyler Schmitt have a preview at Cornell Law School’s Legal Information Institute. At Greenwire (subscription or registration...
Tags: Florida, Maryland, Supreme Court, Law, Washington Post, Oregon, Virginia, Los Angeles, Bloomberg, Alaska, Warren, Frost, Ruth Bader Ginsburg, Sturgeon, Cornell, Trump


Forthcoming paper on influence of law clerks recalls Rehnquist article from 1957

The specter of the law clerk as a legal Rasputin, exerting an important influence on the cases actually decided by the Court, may be discarded at once. … It is unreasonable to suppose that a lawyer in middle age or older, of sufficient eminence in some walk of life to be appointed as one of nine judges of the world’s most powerful court, would consciously abandon his own views as to what is right and what is wrong in the law because a stripling clerk just graduated from law school tells him to...
Tags: Featured, Justice, Supreme Court, Law, Court, New York Times, Jackson, EPPS, Sen, Brown, U S Supreme Court, Allen, Adam Liptak, Adam Feldman, William Rehnquist, Heritage Foundation


Thursday round-up

Yesterday the justices heard oral argument in Frank v. Gaos, in which the court has been asked to make it harder for companies to settle class-action lawsuits without providing direct compensation to class members, through a process known as “cy pres.” Richard Wolf reports for USA Today that the court “appeared divided along ideological lines,” with “[t]he more conservative justices … hostile to plaintiffs and defendants devising their own settlements and leaving potential beneficiaries penniles...
Tags: New York, Supreme Court, Law, Washington Post, Mexico, Bloomberg, Idaho, New York Times, Fox News, Usa Today, Ruth Bader Ginsburg, Faa, Trump, Round-up, Frank, Robert Barnes


Ted Frank argues at SCOTUS

“Mr. Frank [former Overlawyered blogger Ted Frank] argued his own case on Wednesday, a rarity in the Supreme Court, and he exhibited comprehensive knowledge of the law and an only occasionally halting style.” [Adam Liptak, New York Times] The transcript of oral argument, in which several Justices expressed doubt that the lower court had adequately pinned down standing issues, is here. More on Frank v. Gaos and the cy pres issues it raises: Richard Wolf/USA Today, Daniel Fisher, Jim Copland, SCOT...
Tags: Supreme Court, Law, Uncategorized, New York Times, Usa Today, Frank, Adam Liptak, Richard Wolf, GAOS, Cy Pres, Ted Frank, Ted Frank -RSB, Daniel Fisher Jim Copland


Tuesday round-up

This morning, the justices will hear oral argument in two cases. First up is Washington State Department of Licensing v. Cougar Den Inc., which asks whether an 1855 treaty created a right for members of an Indian tribe to avoid taxes on off-reservation commercial activities that involve travel on public highways. Bethany Berger previewed the case for this blog. Matt Farnum and Trevor O’Bryan have a preview for Cornell Law School’s Legal Information Institute. At Greenwire (subscription required)...
Tags: Supreme Court, Law, California, India, United States, Idaho, New York Times, Usa Today, Border Patrol, Law360, Trump, Round-up, International Finance Corporation, Greenwire, Howe, Adam Liptak


Wednesday round-up

Yesterday, retired Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court, released a letter announcing that she has been diagnosed with dementia and is withdrawing from public life. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. Additional coverage comes from Jessica Gresko at the Associated Press, Nina Totenberg at NPR, Lawrence Hurley at Reuters, Ariane de Vogue and Veronica Stracqualursi at CNN, Richard Wolf for USA Today, Robert Barnes for ...
Tags: Usa, Supreme Court, Law, Washington Post, Bloomberg, Cnn, United States, New York Times, Associated Press, Npr, Nielsen, The Washington Post, Wall Street Journal, Trump, Round-up, Robert Barnes


Tuesday round-up

Amy Howe reports for this blog that last night the Supreme Court “gave the federal government a partial victory … in a dispute over discovery in the challenge to the government’s decision to reinstate a question about citizenship on the 2020 census” when,  “[w]ithout any publicly recorded objections, the justices kept on hold plans to depose Wilbur Ross, the Secretary of Commerce, about the decision.” At The Washington Post, Robert Barnes and Tara Bahrampour report that “[t]he court’s action mak...
Tags: Supreme Court, Law, Court, United States, Commerce, Liberty, New York Times, Associated Press, Epa, Louisiana, Usa Today, North Carolina, The Washington Post, Wall Street Journal, Justice Department, Ross


'NYT' Reporter Digs Into Conservative Group's Secret Judicial Training Program

NPR's Michel Martin speaks with New York Times' reporter Adam Liptak about his exposé into the Heritage Foundation's Federal Clerkship Training Academy.
Tags: News, New York Times, Npr, Adam Liptak, Michel Martin, Secret Judicial Training Program


Heritage Foundation Suspends Clerkship Boot Camp After NY Times Questions Secrecy, Loyalty Oaths

New York Times: A Conservative Group’s Closed-Door ‘Training’ of Judicial Clerks Draws Concern, by Adam Liptak: The closed-door “training academy” was aimed at a select group: recent law school graduates who had secured prestigious clerkships with federal judges. It was organized by the Heritage Foundation, a conservative group that has... [Author: Paul Caron]
Tags: Taxes, New York Times, Adam Liptak, Heritage Foundation, Paul Caron, Legal Education, Conservative Group


Ted Frank to argue cy pres at the Supreme Court

Congratulations to Ted Frank, profiled Oct. 15 by Adam Liptak at the New York Times for arguing his own case (Frank v. Gaos, on class action settlements) before the U.S. Supreme Court. The article does not mention one of Ted’s most salient public roles, namely co-blogging for years as my most inspired recruit at Overlawyered and at Point of Law. Frank v. Gaos is a challenge to the cy pres elements of a privacy class action against Google [Federalist Society podcast with Ted, NLJ via CEI]. Ilya S...
Tags: Google, Supreme Court, Law, Court, Uncategorized, Ted, New York Times, Frank, U S Supreme Court, Adam Liptak, GAOS, Ilya Shapiro, Cy Pres, Ted Frank, Class Action Settlements, James Beck