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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


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


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


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


With Roberts’ Assist, SCOTUS Strikes Down Restrictive Louisiana Abortion Law

On Monday, the Supreme Court delivered a win for abortion rights activists by striking down a clinic restriction law out of Louisiana. It was a five to four decision, with Chief Justice John Roberts joining the liberals in a concurring decision.  Justice Stephen Breyer, writing for the majority, called the law “almost word-for-word identical” to a Texas law the Court struck down in 2016. The Court found that that “the law offers no significant health benefit” and that it will “make it im...
Tags: Health, Texas, News, Supreme Court, Court, Abortion, Louisiana, Donald Trump, John Roberts, Roberts, Roe, Stephen Breyer, Breyer, Anthony Kennedy, Hellerstedt, Whole Woman 's Health


The Supreme Court Will Not Defend the Second Amendment!

The Supreme Court Will Not Defend the Second Amendment!, iStock-1020504756 U.S.A. –-(AmmoLand.com)- These last few weeks, the Arbalest Quarrel has been working steadfastly on analyzing the NYC gun transport case. We felt a detailed analysis necessary as we had serious doubts the Court would grant cert in any of the ten pending Second Amendment cases. The NYC case provided our best chance for serious Court review of 2A, ten years after the McDonald decision. We intended to lay out what could h...
Tags: New York, Justice, Guns, Supreme Court, New York City, Court, US, High Court, New York Times, George Bush, Times, Andrew Cuomo, Press, Black Lives Matter, Ruth Bader Ginsburg, George W Bush


The Roberts’ Supreme Court Will Not Defend The Second Amendment!

Opinion Chief Justice John Roberts img: Steve Petteway / Public domain New York – -(AmmoLand.com)- These last few weeks, the Arbalest Quarrel has been working steadfastly on analyzing the NYC gun transport case. We felt a detailed analysis necessary as we had serious doubts the Court would grant cert in any of the ten pending Second Amendment cases. The NYC case provided our best chance for a serious Court review of 2A, ten years after the McDonald decision. We intended to lay out what could...
Tags: New York, Justice, Guns, Supreme Court, Scotus, New York City, Court, US, America, High Court, New York Times, George Bush, Times, Andrew Cuomo, Press, Black Lives Matter


Supreme Court Denies Writs On All Pending Second Amendment Cases

Opinion Supreme Court Denies Writs On All Pending Second Amendment Cases img iStock New York – -(AmmoLand.com)- The U.S. Supreme Court released its orders from the June 11, 2020 conference. No Second Amendment cases were relisted for consideration. Worse, there will be no Second Amendment cases reviewed this term; all were rejected. The High Court denied certiorari in all of them. This comes as no surprise to the Arbalest Quarrel. We expected this and were making this very point in a compreh...
Tags: New York, Guns, Supreme Court, Senate, New York City, Court, US, America, High Court, New Jersey, District Of Columbia, Trump, Thomas, U S Supreme Court, Roberts, Gurbir Grewal


Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump


Why Gorsuch’s Role In Pro-LGBT Ruling Cuts Conservatives So Deep

When conservative groups spent millions of dollars to keep Justice Antonin Scalia’s Supreme Court vacant until a GOP president could fill it, Monday’s sweeping pro-LGBT ruling was just the kind of opinion they were trying to prevent. The blockbuster opinion was written no less by Justice Neil Gorsuch, whose presence on the court was made possible by the Faustian bargain social conservatives made in electing Donald Trump. As a candidate, Trump promised that he’d nominate the type of judges tha...
Tags: News, Supreme Court, Senate, Lgbt, Gop, Donald Trump, Trump, Mat Staver, Tierney Sneed, Antonin Scalia, John Roberts, Scalia, Roberts, Walker, Ben Shapiro, Staver


Supreme Court Denies Writs On All Pending Second Amendment Cases

U.S. Supreme Court Image NRA-ILA U.S.A. –-(AmmoLand.com)- The U.S. Supreme Court released its orders from the June 11, 2020 conference. No Second Amendment cases were relisted for consideration. Worse, there will be no Second Amendment cases reviewed this term; all were rejected. The High Court denied certiorari in all of them. This comes as no surprise to the Arbalest Quarrel. We expected this and were making this very point in a comprehensive analysis of the New York City transport gun case...
Tags: Guns, Supreme Court, Senate, New York City, Court, US, High Court, New Jersey, District Of Columbia, Trump, Thomas, U S Supreme Court, Roberts, Gurbir Grewal, Anthony Kennedy, Kavanaugh


Supreme Court rules LGBT people protected from job discrimination

By MARK SHERMAN WASHINGTON  — The Supreme Court ruled Monday that a landmark civil rights law protects LGBT people from discrimination in employment, a resounding victory for LGBT rights from a conservative court. The court decided by a 6-3 vote that a key provision of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex, among other reasons, encompasses bias against LGBT workers. “An employer who fires an individual for being homosexual or transgender fire...
Tags: New York, News, Supreme Court, Obama, Congress, Washington, Lgbt, Uncategorized, Atlanta, Georgia, Sport, Soccer, Switzerland, Lgbtq, Detroit, Ucla


An Unoriginal Joke, Part I

Charles Barzun Sometimes parody reveals more truth than even the parodist intended.  Last week I tweeted what was meant as an offhand joke about originalism but which was taken seriously by some.  But those who did take it seriously sparked a debate that ended up being fruitful in a way I had not remotely foreseen.  Eventually I’d like to say more about that, but first I want to state more explicitly the point I was trying to convey. The joke was this: I wrote, “I have a new theory of constitu...
Tags: Supreme Court, Washington, Court, University Of Virginia, Group, Branding, Guest Blogger, Scalia, Anthony Kennedy, Federalist Society, Bork, David Chalmers, Frege, Charles Barzun, Horace W Goldsmith


Wednesday round-up

At The Washington Free Beacon, Kevin Daley reports that Monday’s decision in Ramos v. Louisiana, in which a fractured court ruled that the Constitution requires a unanimous jury verdict in state criminal trials, “featured a continuing debate over the force of precedent” that “was something of a proxy for disputes over basic principles.” The editorial board of (subscription required) observes that the ruling “offers an illuminating look at the diversity of conservative thought.” Matt Ford write...
Tags: Supreme Court, Law, Court, New York Times, Wisconsin, Epa, Christian, Louisiana, Foley Hoag, ABA Journal, Round-up, New Republic, Josh Blackman, Adam Liptak, Ramos, Mark Walsh


Interim Stat Pack for October Term 2019

The Supreme Court has experienced a series of upheavals since October Term 2014 – and the current term is proving to be no exception. In February 2016, Justice Antonin Scalia passed away, leaving the court with eight members until Justice Neil Gorsuch came on board in April 2017. Then Justice Anthony Kennedy retired at the end of the 2017-2018 term. Justice Brett Kavanaugh took his place on the court in the second week of October Term 2018. Now with a slate of nine justices who could be on the ...
Tags: Featured, Supreme Court, Law, New York City, Department Of Homeland Security, Ruth Bader Ginsburg, Corrections, University Of California, Trump, Thomas, Antonin Scalia, Scalia, Equal Employment Opportunity Commission, Roberts, Ginsburg, Roberts Court


Ask the author: Lawyers’ law – Those who helped the Supreme Court shape the environmental law of the land

The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020). Lazarus is the Howard and Katherine Aibel Professor of Law at Harvard University, where he teaches environmental law, natural resources law, Supreme Court advocacy and torts. His previous works include “The Making of Environmental Law” (2004) and “Environmental...
Tags: Florida, Featured, Supreme Court, Law, Obama, Congress, White House, Massachusetts, Court, Book Reviews, Chicago, United States, Harvard University, Paris, Warren, Epa


Chief Justice Puts Schumer On Blast For Making ‘Threatening Statements’

Supreme Court Chief Justice John Roberts issued a blistering statement Wednesday in response to “threatening statements” he accused Senate Minority Leader Chuck Schumer (D-NY) of making about the justices earlier in the day. “This morning, Senator Schumer spoke at a rally in front of the Supreme Court while a case was being argued inside. Senator Schumer referred to two Members of the Court by name and said he wanted to tell them that ‘You have released the whirlwind, and you will pay the pric...
Tags: Texas, News, Supreme Court, Senate, Court, Louisiana, Trump, Ginsberg, John Roberts, Roberts, Schumer, Sotomayor, Chuck Schumer, Anthony Kennedy, Kavanaugh, Hellerstedt


A “view” from the courtroom: “Strong feelings” in the latest abortion case

The court has just one case today to close out the argument portion of the February sitting, but it’s a big one. In June Medical Services LLC v. Russo, the justices will consider whether Louisiana’s law requiring abortion doctors to have admitting privileges at nearby hospitals conflicts with the court’s decision just four years ago in Whole Woman’s Health v. Hellerstedt striking down a similar law in Texas. There is also the cross-petition from Louisiana about whether abortion providers have th...
Tags: New York, Texas, Featured, Law, Congress, Chicago, Aclu, New Orleans, Dallas, Louisiana, Wall, Center For Reproductive Rights, Craig, John Roberts, East Texas, American Civil Liberties Union


Empirical SCOTUS: Things we haven’t seen before at the outset of a Roberts Court term

Editor’s note: The datasets in this piece were run before the court’s 5-4 decision in Kansas v. Garcia on March 3. The piece was originally published at Empirical SCOTUS. Justice Ruth Bader Ginsburg is traditionally one of the most active justices at the beginning of each Supreme Court term. It should come as no surprise therefore that she authored three of the court’s first 13 decisions for the 2019 term. She tends to have the backing of the full court in these early term decisions, and her maj...
Tags: Supreme Court, Law, United States, Arizona, Kansas, Donald Trump, Ruth Bader Ginsburg, Kennedy, Thompson, Trump, Thomas, Sonia Sotomayor, Antonin Scalia, Garcia, John Roberts, Scalia


SCOTUS Liberals Take Last Stand In The Face Of Almost Certain Abortion Case Defeat

The liberal contingent of the Supreme Court sounded off during Wednesday’s oral arguments about the legality of Louisiana’s abortion regulation law, which is nearly identical to a Texas law the court struck down two years ago. What’s changed since then is the composition of the Court, which has shifted to the right since Justice Anthony Kennedy’s 2018 departure. Kennedy had joined the liberals in ruling against the Texas law in the 2016 case Whole Woman’s Health v. Hellerstedt.  But Wedn...
Tags: Health, Texas, News, Supreme Court, Abortion, Louisiana, Department Of Justice, Ruth Bader Ginsburg, Madison, Wall, Kennedy, Sonia Sotomayor, John Roberts, Ginsburg, Alito, Roe


Argument analysis: Justices grapple with Louisiana abortion law (Updated)

In 2016, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions in that state to have the right to admit patients at nearby hospitals. In that case, Justice Anthony Kennedy joined the court’s four more liberal justices in concluding that the law made it harder for women to obtain abortions while not doing anything, despite the state’s argument to the contrary, to protect the health of pregnant women. Today the Supreme Court considered the const...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Ruth Bader Ginsburg, DOE, Wall, Kennedy, John Roberts, Roberts, Howe, Ginsburg, Alito, Stephen Breyer, Breyer


Supreme Court takes up first big abortion case of Trump era

By MARK SHERMAN WASHINGTON — The Supreme Court is taking up the first major abortion case of the Trump era, an election year look at a Louisiana dispute that could reveal how willing the more conservative court is to roll back abortion rights. The outcome could have huge consequences at a time when several states have passed laws, being challenged in the courts, that would ban abortions after a fetal heartbeat is detected, as early as six weeks. Abortion rights demonstrators rally outside of...
Tags: Politics, Texas, News, Supreme Court, Washington, Sport, Ap, Soccer, Abortion, Louisiana, Donald Trump, Center For Reproductive Rights, Trump, Mark Sherman, Landry, U S Supreme Court


Wednesday round-up

This morning the justices wrap up the February session with an oral argument in one of the marquee cases of the term, June Medical Services v. Russo, which involves a challenge to a Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Eric Cummings and Andrew Kingsbury have a preview at Cornell Law School’s Legal Information Institute. At Subscrip...
Tags: Supreme Court, Law, California, Washington Post, Court, Cnn, Liberty, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Ruth Bader Ginsburg, Chevron, Wall Street Journal


The Supreme Court Is Hearing a New Case on Abortion. The Decision Could Impact Women for a Generation

Kathaleen Pittman likes to leave the door of her office at Hope Medical Group for Women open at the end of the day. That way she can watch patients leave after their abortions, and absorb the palpable sense of relief in the clinic’s hallways. “Being able to see them before the procedure, after the procedure, and just have them say how grateful they are that they were able to make it in when they did, that just can make all the difference in the world,” Pittman says. “Aside from the crazines...
Tags: Health, Texas, Hope, News, Supreme Court, Uncategorized, Alabama, New York Times, New Orleans, Abortion, Nebraska, Louisiana, Jackson, Republican, Donald Trump, Pew Research Center


Argument preview: Abortion debate returns to the Roberts Court

Editor’s Note: An earlier version of this post ran on January 27, 2020, as an introduction to this blog’s symposium on June Medical Services v. Russo, as well as at Howe on the Court, where it was originally published. When he ran for president in 2016, then-candidate Donald Trump promised that, if elected, he would appoint “pro-life” Supreme Court justices, which would result in the overturning of Roe v. Wade, the landmark 1973 decision establishing a woman’s right to an abortion. In the three ...
Tags: Health, Texas, Featured, Supreme Court, Law, Congress, Court, Idaho, Louisiana, Donald Trump, Center For Reproductive Rights, Kennedy, Trump, Thomas, Antonin Scalia, John Roberts


Pete Buttigieg Is Not Intersectional Enough

Last Friday, a group of disgruntled “queer activists” interrupted Pete Buttigieg’s campaign event in San Francisco. One of the protesters, Adiel Pollydore, told the Guardian that she decided to protest in part because “Pete Buttigieg represents a very small percentage of the experiences of queer and trans people in this country, being white and being cisgender and being a man, being someone who is highly educated. We know queer and trans folks of color, especially black queer and trans folks, li...
Tags: News, Supreme Court, San Francisco, Kennedy, Mike Pence, Pete, Pauline, Anthony Kennedy, Electoral College, Obergefell, Buttigieg, Andrew Sullivan, Masha Gessen, Pete Buttigieg, Gessen, Adiel Pollydore


‘Anything Good in This Country Has Had to Be Wrestled Free.’ What Whitney Houston’s Rendition of the National Anthem Taught Me About America

“No union is more profound than marriage, for it ­embodies the highest ideals of love, fidelity, devotion, sacrifice and family,” the pastor said at our wedding ceremony, borrowing from Justice Anthony Kennedy’s opinion in Obergefell v. Hodges, the Supreme Court case that made same-sex marriage equality the law of the land. I realize now that I didn’t understand the gravity of those words. Everything I did that day was a leap of faith, but when you’re in a church, all you need is faith, isn...
Tags: News, Washington, Relationships, Uncategorized, America, Afghanistan, David, United States, Whitney Houston, Whitney, Random House, South Carolina, Michael, Martin, Eric, Anthony Kennedy


Symposium: Resurrecting the fountainhead of removal doctrine

Ilya Shapiro is director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, where Trevor Burrus is a research fellow and editor-in-chief of the Cato Supreme Court Review. They filed an amicus brief in support of the petitioner in Seila Law v. Consumer Financial Protection Bureau. The Consumer Financial Protection Bureau has been controversial since its creation. First proposed by then-Harvard Law professor Elizabeth Warren, the CFPB administers 19 federal consumer-pro...
Tags: Featured, Supreme Court, Law, Congress, California, Washington, Senate, America, United States, United, Ftc, Fed, Morrison, Antonin Scalia, Taft, Scalia


Symposium: Does the president have the right to fire the director of the CFPB without cause?

Alan B. Morrison is the Lerner Family Associate Dean for Public Interest & Public Service Law at George Washington University Law School. He filed an amicus brief on behalf of neither party in Seila Law, LLC v. Consumer Financial Protection Bureau. For many years, supporters of the unitary executive theory have been hoping that the Supreme Court would take on the question of whether Congress can protect the heads of independent federal agencies from removal by the president except for cause, as ...
Tags: Featured, Supreme Court, Law, Obama, Congress, California, Barack Obama, United States, House Of Representatives, Federal Communications Commission, Donald Trump, National Labor Relations Board, Kennedy, Paul Clement, Securities And Exchange Commission, Trump


"What If Ordinary Juries Were More Like Impeachment Juries?"

The question in the title of this post is from this great new piece from The Appeal by Sarah Lustbader.  The piece thoughtfully builds off this post of mine from the past weekend titled "Some GOP Senators, fully aware of the mandatory minimum sentence, embrace a form of jury nullification to justify acquittal of Prez Trump."  Here is how it concludes: Rubio and Alexander are probably trying to hold on to their jobs; it’s hard to believe that they are taking a principled stance about mandatory m...
Tags: Supreme Court, Law, Washington Post, Virginia, Gop, United States, Ohio, Republican, St Louis, Turner, Rubio, Alexander, Powers, Stevenson, Anthony Kennedy, Seth Stevenson