Posts filtered by tags: Alito[x]


Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg

Reargument analysis: Justices seek a “middle position” in takings litigation case

During yesterday’s argument in Knick v. Township of Scott – the second time the court has heard the case this term – the justices seemed to be looking for a compromise position. The court granted review in the case to decide whether to overrule a 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, which requires local-government takings plaintiffs to follow the state’s compensation procedures before alleging a taking in federal court. Williamson County is controversi...
Tags: Featured, Law, Congress, San Francisco, Pennsylvania, United States, Francisco, Sachs, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan

Argument analysis: Justices have strong views about removal of class actions

Yesterday morning’s argument in Home Depot U.S.A. v. Jackson was a notable one, as Justice Elena Kagan brought a strong view of the case to the bench and proceeded to dominate the argument. The case involves the removal of litigation from state court to federal court. Under Section 1441 (and predecessor provisions dating back to the 18th century), “the defendant or the defendants” generally has a right to remove “any civil action brought in a State court of which the [federal] district courts ha...
Tags: Home Depot, Featured, Law, Congress, Citibank, Jackson, Sonia Sotomayor, John Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito, Goldstein Russell

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito

Comedy tonight: Jurists play for laughs at Shakespeare Theatre mock trial

Justice Samuel Alito struggled to suppress a smile. Justice Stephen Breyer buried his head in his hands. Chief Judge Merrick Garland succumbed to a giggle fit. The esteemed panel knew it was in for an unconventional night of jurisprudence when, just a few sentences into her spiel, counsel representing the estate of the Duke of Buckingham referred to King Richard III as “Individual Number One.” The audience at the Sidney Harman Hall burst into applause – a raucous show of enthusiasm from a crowd ...
Tags: Supreme Court, Law, Richard III, Duke, Trump, Buckingham, Lancaster, Alito, Stephen Breyer, Garland, Samuel Alito, Henry VII, 5th Circuit, Sidney Harman Hall, Shakespeare Theatre Company, United States Court of Appeals

Argument analysis: When is the government not really the government for immunity from tort liability?

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity. The petitioner, Gary Thacker, argues that an entirely different analysis applies to the TVA, which Congress has made broadly subject to suit without expressly preserving policy immunity. Ann O’Connell Adams, assistant to the U.S. solicitor general (Art Li...
Tags: Featured, Supreme Court, Law, Congress, United States, Adams, Sonia Sotomayor, TVA, John Roberts, Roberts, Alito, Rouse, Tennessee River, Sotomayor, Stephen Breyer, Breyer

Justice Kavanaugh joins Chief and more liberal Justices in GVR of Kentucky capital case

This morning's Supreme Court order list is fairly short and is mostly denials of certiorari. But the last page of the order list should intrigue capital sentencing fans, and it contains an order in White v. Kentucky, No. 17-9467, in which the Court vacated the decision below "and the case is remanded to the Supreme Court of Kentucky for further consideration in light of Moore v. Texas, 581 U. S. ___ (2017)." This GVR is made extra interesting because Justice Alito issued this short dissent, whic...
Tags: Texas, Supreme Court, Law, Kentucky, Court, Indiana, Kennedy, Cooper, Webster, Scalia, Moore, Alito, Kavanaugh, Kaushal, Gorsuch, Douglas A Berman

"If we had the California republic, which is something some people in California would like, it would have a lot of leverage over Nevada that it doesn’t have now, wouldn’t it?"

"Nevada would have to be careful about what it did to California. But the situation now is different because they’re states in the union."Said Justice Alito, at oral argument yesterday in Franchise Tax Board of California v. Hyatt (transcript). The case, discussed at SCOTUSblog, raises the question "Whether Nevada v. Hall, a 1979 Supreme Court ruling that said a state could be haled into another state’s courts without its consent, should be overruled."Arguing for the man who sued California in N...
Tags: Supreme Court, Law, California, Nevada, Hall, Hyatt, Roberts, Alito, Erwin Chemerinsky, Ann Althouse, Federalism, Chemerinsky, Tax Board of California, Nevada UC Berkeley

Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt

Federal courts aficionados have been looking forward to the oral argument in Franchise Tax Board of California v. Hyatt, and the event did not disappoint. The question was whether to overrule the decades-old precedent Nevada v. Hall, which held that states lack sovereign immunity in one another’s courts. The argument largely broke down according to familiar ideological lines, but the discussion still had verve and creativity, in part thanks to the performances of veteran advocates Seth Waxman an...
Tags: Featured, Supreme Court, Law, California, Nevada, Ruth Bader Ginsburg, Hall, Hyatt, Sachs, Sonia Sotomayor, John Roberts, Waxman, Alito, William Rehnquist, Sotomayor, Stephen Breyer

A “view” from the courtroom: Comity Central

This term of the court has had plenty of arguably boring cases on statutory interpretation, pre-emption and procedure. But every now and then a low-key case comes along that results in an argument amounting to a heady constitutional seminar. Today’s lone case for argument, Franchise Tax Board of California v. Hyatt, will be one of those. Seth P. Waxman for petitioner (Art Lien) When the court takes the bench, Justice Ruth Bader Ginsburg is again absent as she recuperates from her recent lu...
Tags: New York, Featured, Maryland, Supreme Court, Law, California, Georgia, United States, Hawaii, Social Security, Broadway, Nevada, University Of California Berkeley, Social Security Administration, Ruth Bader Ginsburg, Hall

The justices return, without Ginsburg or any new grants (Updated)

[Editor’s Note: This post was updated to cover the four cases in which the Supreme Court asked the U.S. solicitor general to file briefs.] The justices returned to the bench today for the first arguments of the new year. Justice Ruth Bader Ginsburg, who had surgery on December 21 to remove two cancerous growths from her lungs, was not on the bench this morning; a court spokeswoman indicated that she would still participate in today’s cases based on the briefs and transcripts. The justices issued...
Tags: Texas, Featured, Supreme Court, Law, Virginia, New York City, Court, Georgia, Indiana, United States, Citigroup, Argentina, Ohio, Atkins, Lgbtq, Ruth Bader Ginsburg

Supreme Court order list full of (state-friendly) criminal justice per curiams and notable cert denial with statements

The Supreme Court is full back in action for the New Year, beginning with this new long order list with the always-expected long list of denials of certiorari and denials of rehearing. But the list also includes these two notable per curiam rulings: City of Escondido v. Emmons, No. 17-1660, which summarily reverses/vacates a Ninth Circuit ruling that two officers were not entitled to qualified immunity in a excessive force case. Shoop v. Hill, No. 18-56, which summarily vacates a Sixth Circuit ...
Tags: Sixth Circuit, Supreme Court, Law, US, Georgia, Ohio, Ginsburg, Alito, Ninth Circuit, Sotomayor, Emmons, Kagan, Escondido, Hester, Shoop, Gorsuch

Friday round-up

Briefly: Tony Mauro reports at that “Justice Samuel Alito Jr., who until now recused himself in a pending copyright case, Rimini Street Inc. v. Oracle USA Inc., will participate after all”; “[b]ecause of a family inheritance several years ago, Alito and his wife have had holdings in numerous corporations, unlike most other justices,” [and Alito] has sold several of the stocks over time, often in anticipation of an oral argument that posed a conflict of interest.” At Rewire.News, Jessica...
Tags: Google, Usa, Supreme Court, Law, Court, Bloomberg, Tennessee, Trump, Round-up, Frank, U S Supreme Court, Whitaker, Blair, Roberts, Fifth Circuit, Alito

SCOTUS Map: December 2018

Civility and collegiality continued to be a theme in the Supreme Court justices’ appearances this month. On a December 7 visit to Duquesne University, Justice Sonia Sotomayor recounted a conversation about civility with the other justices. Previous justices were at times openly hostile to one another, and the court’s current era of collegiality is perhaps more of an exception than the rule. According to Sotomayor, retired Justice Sandra Day O’Connor was in large part responsible for this chang...
Tags: Hollywood, Featured, Nbc, Supreme Court, Law, Congress, Washington, America, Cnn, United States, Netherlands, Npr, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Variety

Reading Tea Leaves on Abortion Rights

Will the conservative majority deliver on Trump’s promise to overturn Roe v. Wade?
Tags: Texas, News, Abortion, Kansas, Louisiana, Medicaid, Trump, Thomas, Roberts, Alito, Clarence, Planned Parenthood Federation of America, Kavanaugh, Gorsuch, Donald J, Supreme Court (US

Argument analysis: Majority appears ready to uphold “separate sovereigns” doctrine

When Terance Gamble was pulled over by police in Alabama three years ago for having a faulty headlight, he probably didn’t think that prosecutors would make a federal case out of it. And he certainly wouldn’t have imagined that his case would make national headlines – not so much for its own sake, but because of what a win for Gamble might mean for prosecutions arising from Special Counsel Robert Mueller’s investigation into possible Russian interference in the 2016 election. Both of these thing...
Tags: England, Featured, Supreme Court, Law, Alabama, United States, Donald Trump, Ruth Bader Ginsburg, John Roberts, Louis, Roberts, Gamble, Howe, Ginsburg, Alito, Stephen Breyer

Argument analysis: Justices wrestle with scope of cross-examination of social security experts

On Tuesday, the Supreme Court heard argument in an important Social Security Disability Insurance case, Biestek v. Berryhill. At issue was whether the Social Security Administration may ground a decision to deny benefits on the opinion of a vocational expert who refuses to disclose the data on which that opinion relies. Under the regulations, once a claimant has demonstrated that a severe impairment prevents her or him from returning to past relevant work, the agency must show that jobs exist in...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, SSA, Yang, Roberts, Ginsburg, Alito, Sotomayor, Stephen Breyer, Elena Kagan

Of Brownies and Other Nutty Desserts: Supreme court considers whether the “on sale” bar is limited to public sales

Guest Post by Dmitry Karshtedt, Professor at GW Law.  Prof. Karshtedt attended the Supreme Court oral arguments in Helsinn v. Teva, and provides the following discussion.  A transcript of the arguments is available here: Helsinn Transcript. The oral argument in Helsinn Healthcare v. Teva Pharmaceuticals had a little bit of everything. First, the Court extensively aired the statutory interpretation question whether the phrase “otherwise available to the public” in the America Invents Act (AIA) ex...
Tags: Supreme Court, Law, Congress, Court, United States, Jay, AIA, Patent, Ginsburg, Alito, PTO, Sotomayor, Breyer, Kagan, Teva, Kavanaugh

Argument analysis: Justices appear divided in debate over anti-fraud securities rules

The dividing lines were apparent at Monday’s argument in Lorenzo v Securities and Exchange Commission, as several justices seemed to think it self-evident that the conduct of petitioner Francis Lorenzo amounted to a fraudulent scheme under the federal securities laws, while at least one justice, Neil Gorsuch, appeared ready to rule for Lorenzo. To understand the debate, some background is useful. This case follows from the Supreme Court’s 2011 decision in Janus Capital v First Derivative Traders...
Tags: Featured, Supreme Court, Law, SEC, Janus Capital, Securities And Exchange Commission, Sonia Sotomayor, Alito, Sotomayor, Kagan, Lorenzo, Janus, Robert Heim, Gorsuch, Merits Cases, Heim

Argument analysis: Court appears ready to rule that Constitution’s bar on excessive fines applies to the states

Petitioner Tyson Timbs outside court after oral argument Today the Supreme Court heard oral argument in the case of Tyson Timbs, an Indiana man who lost his 2012 Land Rover after he pleaded guilty to drug charges. The state argued that it could seize the car because it had been used to transport drugs, but Timbs countered that requiring him to forfeit the $42,000 car – which he had purchased with the proceeds from his father’s life insurance policy – would violate the Eighth Amendment’s ban o...
Tags: Featured, Supreme Court, Law, Indiana, Kia, Sonia Sotomayor, John Roberts, Fisher, Roberts, Howe, Alito, Stephen Breyer, Breyer, Elena Kagan, Kagan, Indiana Supreme Court

Argument analysis: Laughing and tolling the time to appeal class certification orders

Anyone who believes civil procedure is not funny should read the transcript of Tuesday’s argument in Nutraceutical Corp. v. Lambert, which showed eight interruptions for laughter in a case considering whether the 14-day period for appealing a class-certification decision is subject to equitable tolling based on concerns for fairness and justice. No one knew interlocutory appeals could be so humorous. The main provision at issue in the case is Federal Rule of Civil Procedure 23(f), which provides...
Tags: Featured, Law, Congress, California, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, Lambert, U S Court of Appeals, Sotomayor, Breyer, Elena Kagan, Kagan

Argument analysis: Justices dubious about ramifications of broad Indian reservation in Oklahoma

This morning brought the justices a capital case of a different kind. Carpenter v. Murphy doesn’t raise issues of actual innocence, ineffective assistance of counsel or permissible methods of execution. Rather, it presents the justices with a different kind of question: whether the location in eastern Oklahoma where Patrick Murphy is alleged to have committed murder still lies within the borders of a reservation granted to the Creek Nation when it was forcibly relocated to that territory in the ...
Tags: Featured, Supreme Court, Law, Congress, Sherlock Holmes, Oklahoma, Ruth Bader Ginsburg, John Roberts, Creek Nation, Murphy, Blatt, Alito, Carpenter, Stephen Breyer, Elena Kagan, Kagan

Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests

In Monday’s argument in Nieves v. Bartlett, the justices pushed all sides for a compromise approach to handle the broad range of cases that might qualify as First Amendment retaliatory arrests, an approach that would neither allow all claims nor defeat all claims. The case arises from the arrest of respondent Russell Bartlett at Alaska’s Arctic Man Festival, which Chief Justice John Roberts described as “10,000 mostly drunk people in the middle of nowhere” patrolled by eight police officers. In ...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Ruth Bader Ginsburg, Wall, Wilson, Sonia Sotomayor, John Roberts, 9th Circuit, Moore, Roberts, Ginsburg, Alito

Argument analysis: Justices poised to allow antitrust dispute against Apple over apps to go forward

The Supreme Court heard oral argument this morning in a dispute between technology giant Apple and a group of iPhone users over the sale of apps from Apple’s App Store. The iPhone users are seeking massive damages from Apple, complaining that the company is violating federal antitrust laws by requiring the users to buy apps exclusively from the App Store. But as it comes to the justices, the case is about whether the iPhone users can bring their lawsuit at all: Apple contends that they cannot, b...
Tags: Apple, Featured, Supreme Court, Law, Congress, United States, Illinois, Wall, Sonia Sotomayor, John Roberts, Howe, Alito, Joe Smith, Sotomayor, Stephen Breyer, Breyer

Roberts thinks the 9th circus court is impartial Quote: Roberts said Wednesday the U.S. doesn’t have “Obama judges or Trump judges, Bush judges or Clinton judges.” He commented in a statement released by the Supreme Court after a query by The Associated Press. Roberts said on the day before Thanksgiving that an “independent judiciary is something we should all be thankful for.” I foolishly used to like this guy. :mad: Grassley co...
Tags: Supreme Court, Obama, Weapon, General Discussion, Clinton, Trump, Bush, Grassley, Roberts, Alito, Prez, Associated Press Roberts

Academic highlight: Hasen on political polarization and the Supreme Court

Common sense tells us that increased political polarization affects the U.S. Supreme Court as well as the political branches, and now legal scholars have the data to prove it. In a forthcoming paper, “Polarization and the Judiciary,” Richard Hasen surveys the academic literature on the subject, and then draws some conclusions of his own. As Hasen explains, the research shows that polarization influences the appointment and confirmation process, along with the cases the court accepts and how it d...
Tags: Featured, Supreme Court, Law, Congress, Senate, Wisconsin, John F Kennedy, Smith, Donald Trump, Ruth Bader Ginsburg, Gallup, Sonia Sotomayor, Antonin Scalia, U S Supreme Court, Paul Smith, Alito

Who Owns the Supreme Court?

The Trump administration is treating it like a wholly owned subsidiary.
Tags: News, Supreme Court, Obama, United States, Francisco, Kennedy, Ross, Barack, Trump, Thomas, Roberts, Alito, Homeland Security Department, Clarence, Deferred Action for Childhood Arrivals, Commerce Department

Argument analysis: Court hard to read in Sudan service dispute

The Supreme Court heard oral argument today in a lawsuit alleging that the Republic of Sudan provided support to the al Qaeda terrorists who bombed the USS Cole in 2000, killing 17 sailors and injuring 42 others. The question before the court was not whether Sudan can be held liable; a federal court has already entered a default judgment of over $300 million against it. Instead, the justices are considering a threshold question: whether the plaintiffs in the case – the victims and their families...
Tags: Featured, Supreme Court, Law, Congress, Washington, United States, Sudan, State Department, Yemen, Ruth Bader Ginsburg, Ross, Sonia Sotomayor, John Roberts, Andrew, Roberts, U S State Department

Argument analysis: Yukon-Charley continues to commandeer gray cells

Alaska hunter John Sturgeon is asking the Supreme Court to slam the door on the National Park Service’s ability to apply its nationwide hovercraft ban to the Nation River within the Yukon-Charley Rivers National Preserve. Sturgeon’s attorney, Matthew Findley, told the justices during oral argument yesterday that the Alaska National Interest Lands Conservation Act prevents the Park Service — but not other federal agencies — from exercising authority over waters in park units in Alaska. This is th...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Epa, Environmental Protection Agency, Sturgeon, Chevron, Yellowstone, Yellowstone National Park, Sonia Sotomayor, John Roberts, Coast Guard, Roberts

United States: Fosamax In U.S. Supreme Court – Justice Alito Un-Recuses - Reed Smith

An unexpected bit of good news as we go into November. Bexis will be presenting at the Reed Smith annual client CLE program on big-deal pending cases.
Tags: News, United States, Reed Smith, Alito, Fosamax In U S Supreme Court