Posts filtered by tags: Alito[x]


Skirmishes over Non-Retroactivity Doctrine at the Supreme Court

Samuel Beswick In two judgments this term, Barr v. AAPC and Ramos v. Louisiana , the Supreme Court justices seem to have signaled their positions on the future of federal non-retroactivity doctrine. This doctrine, as I argue in a forthcoming article in the Yale Law Journal, is fundamentally flawed and should not be maintained. Non-retroactivity doctrine (also known as “prospective overruling” or prospective judicial law-making) came to prominence with the Warren and Burger Court...
Tags: Supreme Court, Congress, Court, Georgia, South Dakota, Davis, Louisiana, Harper, Branding, Guest Blogger, Thomas, University of British Columbia, Wayfair, Scalia, Roberts, Ginsburg

Symposium: On Trump tax returns, the latest battles may be over, but the war rages on

John Malcolm is vice president of the Institute for Constitutional Government at The Heritage Foundation. President Donald Trump is one step closer to having to disclose his financial records. But, as Yogi Berra said, “It ain’t over till it’s over.” The fight will go on, and the ultimate issue — will Trump have to disclose and, if so, to whom — will likely not be resolved until after the November election. First, some background. During his presidential run, Trump broke with precedent and refuse...
Tags: Featured, Supreme Court, Law, Congress, California, Court, United States, House, Bill Clinton, Party, Donald Trump, George W Bush, Irs, Jones, Clinton, Trump

Final Stat Pack for October Term 2019

A Supreme Court term unlike any other has finally come to an end. In March, some observers thought the term would end early after the court shut its doors and postponed oral arguments — the first time since the 1919 Spanish Flu outbreak that the court closed due to a pandemic. Instead, the term lasted longer than usual, extending well into July for the first time in decades. And in May, the court heard remote arguments over the telephone with a public live audio feed for the first time ever. Tho...
Tags: Featured, Supreme Court, Law, Pennsylvania, United States, Williams, Johnson, Donald Trump, Morrissey, Kennedy, Trump, Thomas, Peter, Sonia Sotomayor, John Roberts, Vance

Symposium: Channeling an old chief to reject a new immunity

Toby J. Heytens is solicitor general and Martine Cicconi is deputy solicitor general of the Commonwealth of Virginia, which filed an amicus brief on behalf of 15 states and the District of Columbia in support of the respondent in Trump v. Vance. Writing for the Supreme Court in Trump v. Vance, Chief Justice John Roberts began with a history lesson. “In the summer of 1807,” he narrated, “all eyes were on Richmond, Virginia,” where “Aaron Burr, the former Vice President, was on trial for treason.”...
Tags: New York, Featured, Law, Congress, Virginia, Manhattan, Department Of Justice, District Of Columbia, Donald Trump, Trump, Marshall, Thomas, State, Thomas Jefferson, John Roberts, Vance

Chief Justice Roberts Declares SG’s Arguments A Dead Parrot — See Also

Does A Pair Of 7-2 SCOTUS Decisions Mean The End Of Retirement Talk? Now that Alito and Thomas find themselves on the outs... The Latest In The Jones Day Gender Discrimination Litigation: Plaintiffs really want that black box opened. I Bet You Thought Staying Awake Was The Bare Minimum: You'd be wrong. "Let's Twerk For Diversity!" I just can't with people anymore.
Tags: Law, Thomas, Roberts, Alito, See Also

In the Supreme Court's Trump Tax Ruling, Voters Lose

The justices reiterated that no president is above the law, but voters still won’t see his taxes before November.
Tags: Elections, News, Income Tax, Bill, Clinton, Trump, Thomas, Nixon, Vance, Roberts, Internal Revenue Service, Alito, Clarence, United States Politics and Government, Donald J, Subpoenas

Opinion analysis: Disputes over Trump financial records to continue

This morning the Supreme Court issued its long-awaited rulings in the battle over efforts to obtain financial records belonging to President Donald Trump. By a vote of 7-2, the justices sent a pair of cases challenging congressional subpoenas for the records back to the lower courts for another look, holding that subpoenas involving the president must be subject to a tougher standard than the courts had applied. In a third case, in which the president challenged a subpoena by a Manhattan distric...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, House, House Of Representatives, Manhattan, Deutsche Bank, Donald Trump, Trump, Cyrus Vance, Thomas, John Roberts, Vance

Thomas & Alito Retirement Hoopla Canceled Now That Gorsuch & Kavanaugh Are Cucks

Trump's recent appointments weren't willing to burn constitutional law to the ground to help Trump and that rankles the older conservatives.
Tags: Supreme Court, Law, Courts, Trump, Thomas, Alito, Clarence Thomas, Samuel Alito, Kavanaugh, Gorsuch, Brett Kavanaugh, Neil Gorsuch

Blackman, Barnett, and the Bostock decision

Josh Blackman and Randy Barnett argue in National Review that the Supreme Court was wrong to hold that discrimination against LGBT people is sex discrimination.  They claim that Justice Gorsuch’s opinion for the Court misunderstands Title VII of the Civil Rights Act, which forbids employers   to “discriminate against” employees “because of . . . sex.”  They argue that this phrase, in its ordinary meaning in 1964 (when the Civil Rights Act was passed), did not simply mean, as Justice Gorsu...
Tags: Supreme Court, Congress, Court, Barnett, Branding, Hopkins, National Review, Antonin Scalia, Bradley, Josh Blackman, Phillips, Blackman, Alito, Clayton County, Gorsuch, Randy Barnett

Torrance, Hermosa Beach Catholic schools at heart of SCOTUS discrimination decision

The Supreme Court sided with two South Bay Catholic schools — one in Torrance, the other in Hermosa Beach — in a ruling Wednesday, July 8, that expands the number of employees at religious schools and other institutions who can’t sue for employment discrimination. The 7-2 ruling stemmed from cases involving two teachers whose contracts were not renewed and argued their respective schools discriminated against them. In one case, Agnes Morrissey-Berru sued Our Lady of Guadalupe school, in Hermosa ...
Tags: News, Supreme Court, Education, La, Religion, Court, Los Angeles, Sport, Soccer, Fund, Associated Press, Catholic, Las Vegas, Kristen, Trump, San Bernardino

Opinion analysis: Court rules that Catholic elementary school teachers are “ministers,” cannot sue for employment discrimination

In 2012, the Supreme Court ruled that a doctrine known as the “ministerial exception,” which bars ministers from suing churches and other religious institutions for employment discrimination, prohibited a lawsuit filed by a teacher at a Lutheran school who was also an ordained minister. Today, by a vote of 7-2, the court held in Our Lady of Guadalupe School v. Morrissey-Berru that the exception also forecloses lawsuits by two teachers at Catholic elementary schools in southern California. Althou...
Tags: Featured, Supreme Court, Law, California, Los Angeles, Css, United States, Philadelphia, Catholic, Jesus Christ, Sonia Sotomayor, Fulton, 9th Circuit, The Supreme Court, Torrance, Howe

Opinion analysis: Court rejects challenge to exemptions from birth-control mandate

The Affordable Care Act’s birth-control mandate requires most employers to provide their female employees with health insurance that includes access to certain forms of contraceptives. In 2017, the Trump administration issued new rules that expanded an exemption from the mandate to allow private employers with religious or moral objections to opt out of providing coverage without any notice. Today, by a vote of 7-2, the Supreme Court in Little Sisters of the Poor v. Pennsylvania rejected a chall...
Tags: Featured, Supreme Court, Law, Obama, Congress, Court, Pennsylvania, United States, New Jersey, Fda, Catholic, Ruth Bader Ginsburg, ACA, Trump, Thomas, Sonia Sotomayor

Empirical SCOTUS: Precedent: Which justices practice what they preach

Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to precedent in her dissent from last term’s decision in Knick v. Township of Scott, which overturned the court’s precedent on the issue of eminent domain in the state law context in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City: “[I]t promotes the evenhanded, predictable, and...
Tags: Texas, Supreme Court, Law, Court, United States, Louisiana, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, Wade, John Roberts, Lawrence, Scalia, Roberts, Gamble

The Constitution and Genealogy

Charles Barzun It is not often that the Supreme Court ratifies an entirely new form of judicial argument. But that may be what happened this past term. Historical arguments about the social and political origins of legislation used to be, except in rare cases, treated as irrelevant to their constitutional validity. Now such histories—which we might call “genealogies”—may be relevant to constitutional analysis as a matter of law. (Put differently, what could have been before plausibly charact...
Tags: Supreme Court, Montana, Oregon, Court, United States, New York Times, Catholic, Louisiana, University Of Virginia, US supreme court, Branding, Guest Blogger, Thomas, Roberts, Alito, Ramos

Justice Alito Meets Method Acting

In his dissent in Bostock v. Clayton County, in which the Supreme Court held that the Civil Rights Act of 1964 prohibits employment discrimination against gay people, Justice Alito offered the following argument: “it is imperative to consider how Ameri­cans in 1964 would have understood Title VII’s prohibition of discrimination because of sex. To get a picture of this, we may imagine this scene. Suppose that, while Title VII was under consideration in Congress, a group of average Amer­ic...
Tags: England, Supreme Court, Congress, Poland, Louisiana, Hamlet, Branding, Gertrude, Fischer, Jefferson, Alito, Clayton County, Gorsuch, Andrew Koppelman, David Hackett Fischer, Bostock

Dare criminal justice reformers imagine SCOTUS without both Justice Alito and Justice Thomas?

Because there are no more juicy criminal law or sentencing cases left on the SCOTUS docket as an unusual Term winds down, I cannot help but spend time speculating about the future of the Court.  In an election year, of course, that includes imagining who might be appointed (and might be doing the appointing) for the next four years.  But this recent Fox News piece, headlined "Supreme Court rumor: Hugh Hewitt claims Alito retirement being floated," has me eager to imagine some SCOTUS transitions ...
Tags: Supreme Court, Law, Washington Post, Senate, White House, Conservative, Joe Biden, Gop, Fox News, Costa, Trump, Thomas, Hewitt, John Roberts, Hugh Hewitt, Pence

Symposium: A takedown of the Blaine Amendments

James Hirsen is an attorney, author, commentator and former professor at Trinity Law School. He filed an amicus brief on behalf of the Justice and Freedom Fund, Institute for Faith and Family and North Carolina School Choice in support of the petitioners in Espinoza v. Montana Department of Revenue. The Supreme Court’s decision in Espinoza v. Montana Department of Revenue will shape how the First Amendment’s religion clauses apply to state and local restrictions on how public money is spent. In ...
Tags: Featured, Justice, Supreme Court, Law, Montana, United States, Missouri, House, Catholic, State, John Roberts, Roberts, Alito, Blaine, Montana Department of Revenue, Elena Kagan

Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg

Retirement Is For Quitters — See Also

Kathryn Rubino made a Lebowski joke in yesterday's See Also and it's inspired me to keep going with my all Lebowski rundowns from Monday. Strong Men Also Cry, Strong Men Also Cry: Thomas and Alito allegedly considering retirement and prepare to disappoint a lot of Trump officials hoping for another vacancy. Well, Okay, You're Not Privy To All The New Shit: The state bar examiners may not be following the news, but there's an upsurge in COVID cases and they're going to go ahead with July bar ex...
Tags: Law, St Louis, Trump, Thomas, Larry, Alito, Troutman Sanders, Pepper Hamilton, Lebowski, Kathryn Rubino, See Also

Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools

In 2015, the Montana legislature created a scholarship program that provided a dollar-for-dollar tax credit for donations to private scholarship organizations. Those organizations used the money to fund scholarships for children to attend private schools – which, in Montana, are primarily religious schools. In 2018, the Montana Supreme Court struck down the tax-credit program, holding that it violated the state constitution’s ban on aid for churches and religious schools. Today the U.S. Supreme ...
Tags: Featured, Supreme Court, Law, Montana, Court, Catholic, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, U S Supreme Court, John Roberts, Institute for Justice, Stillwater, Roberts, Howe, Ginsburg

Symposium: RIP state “Blaine Amendments” – Espinoza and the “no-aid” principle

Steven Green is the Fred H. Paulus Professor of Law and director of the Center for Religion, Law & Democracy at Willamette University College of Law. He filed an amicus brief on behalf of a number of religious groups in support of the respondents in Espinoza v. Montana Department of Revenue. There is so much contained in the various opinions in Espinoza v. Montana Department of Revenue that a college instructor could use that one case to teach an entire course about American church-state law: di...
Tags: Featured, Supreme Court, Law, Colorado, California, Montana, Senate, Pennsylvania, Ruth Bader Ginsburg, Mitchell, Thomas, U S Supreme Court, The Supreme Court, Alito, William Rehnquist, Locke

Symposium: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer

Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey

Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals

Roberts Fights Off Conservatives To Preserve Abortion Rights…For Now

The Supreme Court on Monday struck down an abortion clinic restriction law out of Louisiana. It was a 5–4 decision, with Chief Justice John Roberts joining the liberals in a concurring decision — and saying precedent required him to do so. The Court had clear precedent to work with: just four years ago, it overturned a law out of Texas in Whole Woman’s Health v. Hellerstedt. Both laws centered on admitting privileges for doctors at nearby hospitals. Justice Stephen Breyer, writing for ...
Tags: Texas, News, Supreme Court, Court, Abortion, Louisiana, Donald Trump, Thomas, John Roberts, Roberts, Alito, Roe, Casey, Stephen Breyer, Breyer, Clarence Thomas

SCOTUS denies, by 7-2 vote, cert petition from federal death row defendants challenging federal execution protocol

As reported in this AP article, the "Supreme Court on Monday refused to block the execution of four federal prison inmates who are scheduled to be put to death in July and August."  Here is more: The justices rejected an appeal from four inmates who were convicted of killing children.  Justices Ruth Bader Ginsburg and Sonia Sotomayor noted that they would have blocked the executions from going forward. The court's action leaves no obstacles standing in the way of the executions, the first of wh...
Tags: Supreme Court, Law, Scotus, Washington, Indiana, Ap, Arkansas, Iowa, Kansas, Ruth Bader Ginsburg, Justice Department, Nelson, Sonia Sotomayor, Alito, Barr, Danny Lee

Opinion analysis: Court confirms limitations on federal review for asylum seekers

In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal allows an immigration official to make the immediate decision to deport a person without a hearing if the person is apprehended within 100 miles of a border and if they cannot prove they have liv...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Court, Afghanistan, United States, Cuba, Ruth Bader Ginsburg, Sri Lanka, Executive Branch, Thomas, Sonia Sotomayor, 9th Circuit, Alito

Supreme Court rules for Trump administration in deportation case

By MARK SHERMAN WASHINGTON — The Supreme Court ruled Thursday that the Trump administration can deport some people seeking asylum without allowing them to make their case to a federal judge. The high court’s 7-2 ruling applies to people who are picked up at or near the border and who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal. The justices ruled in the case of man who said he fled persecution as a member of Sri Lanka’s Tamil minority, b...
Tags: News, Supreme Court, Congress, California, Washington, Mexico, Immigration, Uncategorized, Sport, Soccer, United States, San Diego, Un, SEC, Associated Press, Guatemala

Trump administration sent $1.4bn in stimulus checks to dead people - live

US treasury sent over 1m payments to deceased peopleSupreme court ruling bolsters Trump’s deportation powerPolice officers fired in North Carolina over racial slurs video1.48m more Americans file for unemploymentCoronavirus cases continue to soar in USSign up to our First Thing newsletter 4.25pm BST Trump is once again complaining about Fox News, his favorite news network that has recently attracted more of the president’s criticism.In this case, Trump lashed out against a Fox commentator wh...
Tags: US, World news, US news, Fox, Fox News, North Carolina, Donald Trump, Trump, Black Lives Matter Movement, Alito, Samuel Alito, Lafayette Square, Katharina Obser, Refugee Commission

Interim Stat Pack for October Term 2019

OT 2019 has turned out to be a term of unexpected twists and turns. From coronavirus and an oral argument sitting in May — instead of March and April — with remote arguments for the first time ever, to fewer decided cases than in any term since the 19th century, to Chief Justice John Roberts siding with the court’s liberals in some of the most significant decisions of the term, nothing seems to be going according to common expectations. This interim Stat Pack contains data for all decided and ar...
Tags: Featured, Law, Georgia, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, Republican National Committee, John Roberts, Roberts, Alito, Democratic National Committee, Samuel Alito, Regents, Kavanaugh, Brett Kavanaugh, Office of the Solicitor General