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Argument preview: Justices to consider whether First Amendment applies to public-access channels

Next week the Supreme Court will hear oral argument in a case involving free speech and public-access television channels. Although the issue may sound somewhat obscure, internet giants like Facebook and YouTube are paying close attention, fearing that the court’s ruling could have ripple effects that limit their ability to control their content. The First Amendment provides that “Congress shall make no law” restricting freedom of speech. Through the 14th Amendment, the First Amendment also ap...
Tags: Google, Facebook, Twitter, New York, Featured, Supreme Court, Law, Congress, Youtube, Hawaii, Federal Communications Commission, Manhattan, Rhode Island, Howe, U S Court of Appeals, Anthony Kennedy


A “view” from the courtroom: Back to the bench for Justice Ginsburg

The court is returning to the bench this morning after its usual four-week winter recess. The recess, marked by noteworthy “shadow docket” actions on the death penalty, abortion rights and other matters, may have offered more news than the relatively sleepy February sitting. Today, though, the press section is filling up, and it is not because there is a groundswell of interest in today’s lone case for argument – a thorny patent dispute between a private business and the U.S. Postal Service over...
Tags: New York, Hollywood, Featured, Law, Congress, Abc, California, Washington, Alabama, Los Angeles, Syria, Cnn, Commerce, Oscar, Npr, Ross


Justices take up Clean Water Act case, rebuke Texas court in death penalty case

Last Friday the justices added the dispute over the decision to add a question about citizenship to the 2020 census to their merits docket. Today they issued more orders from last week’s conference, granting review in another case and throwing out – for the second time – the death sentence of a Texas inmate who argues that he cannot be executed because he is intellectually disabled. The Clean Water Act bars the discharge of any pollutant into “navigable waters” without a permit. In its lone gran...
Tags: Texas, Featured, Supreme Court, Law, Indiana, Hawaii, New York Times, Bill Cosby, Cosby, Lgbtq, CWA, Ruth Bader Ginsburg, Aaron Schock, Sonia Sotomayor, John Roberts, Schock


Picking the Next Supreme Court Justice

The Roberts Court, November 30, 2018. Seated, from left to right: Justices Stephen G. Breyer and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ruth Bader Ginsburg and Samuel A. Alito. Standing, from left to right: Justices Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh. Photograph by Fred Schilling, Supreme Court Curator's Office. Washington, D.C. – -(AmmoLand.com)- The Supreme Court has been in the news a lot lately on issues of interest to Second A...
Tags: Utah, Guns, Sixth Circuit, Supreme Court, Senate, Reagan, United States, Drake, Donald Trump, Ruth Bader Ginsburg, UC Berkeley, Dianne Feinstein, Trump, Thomas, Antonin Scalia, Lee


Symposium: Clarity of the record should bring clarity of purpose

Justin Levitt is a professor at Loyola Law School, Los Angeles; he runs the website “All About Redistricting.” Partisan gerrymandering is back. There are two cases before the Supreme Court this term: a Democratic gerrymander in Maryland and a Republican gerrymander in North Carolina. The cases are different – and though neither is perfect, the basic problem of partisan political entrenchment is unlikely to be presented more cleanly. The evidentiary record in each case is firmly turned up to 11. ...
Tags: Featured, Maryland, Supreme Court, Law, Kentucky, City, North Carolina, Kennedy, Cox, Gill, Riviera Beach, Anthony Kennedy, Thurgood Marshall, Tarheel, Justin Levitt, Larios


Doesn't the FIRST STEP Act add juice to Eighth Amendment challenge to extreme stacked 924(c) sentence in Rivera-Ruperto?

The question in the title of this post is prompted by the interesting intersection of an important sentencing reform in the new FIRST STEP Act and an important Eighth Amendment case that I have had my eye on for some time  finally getting before the Supreme Court.  Let me explain, starting with the FIRST STEP provision. For those particularly concerned about extreme mandatory minimum sentences, Section 403 of the FIRST STEP Act is a heartening overdue change to federal sentencing law.  This prov...
Tags: Supreme Court, Law, Congress, Court, Fbi, United States, Kennedy, First Circuit, Rivera, Barron, Anthony Kennedy, David Barron, Douglas A Berman, US Sentencing Commission, Paul Cassell, Weldon Angelos


Abortion Case Shows Roberts Firmly at Supreme Court’s Center

Since the retirement of Supreme Court Justice Anthony Kennedy last summer, Chief Justice John Roberts has become the court's new swing vote.
Tags: News, Supreme Court, Abortion, John Roberts, Anthony Kennedy


Chief Justice Roberts emerges as key figure on U.S. Supreme Court

The role of Supreme Court swing vote had been filled by Justice Anthony Kennedy, who sided with its liberal bloc on divisive issues including abortion and gay rights before retiring last July. Following Republican President Donald Trump's appointment in the past two years of Justice Brett Kavanaugh, who replaced Kennedy, and Justice Neil Gorsuch, Roberts now appears to be the most centrist of the five conservative justices who make up the court's majority.
Tags: Science, Supreme Court, Donald Trump, Kennedy, U S Supreme Court, Roberts, Anthony Kennedy, Brett Kavanaugh, Neil Gorsuch Roberts


Supreme Court blocks restrictive Louisiana abortion law

A divided U.S. Supreme Court on Thursday stopped a Louisiana law imposing strict regulations on abortion clinics from going into effect in its first major test on abortion since the retirement of Justice Anthony Kennedy last summer. The court on a 5-4 vote granted an emergency application by Shreveport-based abortion provider Hope Medical Group for Women to block the Republican-backed law from going into effect while litigation continues. The four liberal justices were joined by conservative C...
Tags: Science, Supreme Court, Louisiana, Kennedy, U S Supreme Court, John Roberts, Roberts, Shreveport, Anthony Kennedy, Hope Medical Group


John Roberts Joins Liberals To Block Louisiana Abortion Law

WASHINGTON (AP) — A divided Supreme Court stopped Louisiana from enforcing new regulations on abortion clinics in a test of the conservative court’s views on abortion rights. The justices said by a 5-4 vote late Thursday that they will not allow the state to put into effect a law that requires abortion providers to have admitting privileges at nearby hospitals. Chief Justice John Roberts joined the court’s four liberals in putting a hold on the law, pending a full review of the case. Presiden...
Tags: Texas, News, Supreme Court, Washington, Ap, New Orleans, Louisiana, Donald Trump, John Roberts, Roberts, Clarence Thomas, Samuel Alito, Anthony Kennedy, Kavanaugh, June Medical Services, Brett Kavanaugh


Justices grant stay, block Louisiana abortion law from going into effect

In June 2016, an eight-member Supreme Court struck down a Texas law that required doctors who perform abortions to have the authority to admit patients at a local hospital. The makeup of the court has changed significantly since then: In 2017, Justice Neil Gorsuch was confirmed to replace the late Justice Antonin Scalia, who died a few weeks before the Texas case was argued, and Justice Anthony Kennedy retired in 2018 and was replaced by Justice Brett Kavanaugh. But although the court by most me...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Howe, Alito, U S Court of Appeals, Samuel Alito, Anthony Kennedy, Kavanaugh, 5th Circuit, What's Happening Now


Symposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases

Guy-Uriel E. Charles is the Bennett Boskey Visiting Professor of Law at Harvard Law School and Edward and Ellen Schwarzman Professor of Law at Duke Law School. Luis E. Fuentes-Rohwer is Professor of Law and Harry T. Ice Faculty Fellow at Indiana University Bloomington Maurer School of Law. In Lamone v. Benisek, a three-judge federal district court in Maryland concluded that Maryland Democrats intentionally moved 66,000 Republican voters out of Maryland’s Sixth Congressional District in order to ...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Green, Tennessee, North Carolina, Edward, Baker, White, Carr, Harvard Law School, Maryland Democrats, Sims, Reynolds


Trump’s SCOTUS Changes Embolden GOPers To Push Anti-Abortion Bills

President Donald Trump’s call for a ban on late-term abortions is unlikely to prevail in Congress, but Republican legislators in several states are pushing ahead with their own tough anti-abortion bills that they hope can pass muster with the Supreme Court. Two bills proposing to outlaw abortions after a fetal heartbeat is detected, as early as six weeks into a pregnancy, advanced out of House and Senate committees in the Mississippi Legislature this week, with GOP Gov. Phil Bryant pledging to...
Tags: New York, Texas, News, Mississippi, Supreme Court, Congress, Senate, Virginia, West Virginia, Indiana, Gop, North Dakota, Tennessee, House, New York Times, Iowa


Symposium: How to win the partisan gerrymandering cases

Daniel Tokaji is Associate Dean for Faculty and Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law at The Ohio State University Michael E. Moritz College of Law. No one said this would be easy. For decades, critics of partisan gerrymandering have been knocking on the U.S. Supreme Court’s door, seeking a ruling that extreme gerrymanders violate the U.S. Constitution. Even as the problem has worsened, the court has refused to open that door – though it hasn’t locked...
Tags: Featured, Maryland, Supreme Court, Law, Indiana, Pennsylvania, Williams, Wisconsin, Courts, Ohio, North Carolina, Kennedy, Anderson, Rhodes, Sonia Sotomayor, U S Supreme Court


On abortion, Trump agenda likely leads to Supreme Court, not Congress

Bolstered by Trump's appointment of two conservative justices, the nine-member court could soon begin to pare back abortion rights, starting with a major case from Louisiana that is one of several similar pending appeals. The addition of Trump appointees Brett Kavanaugh and Neil Gorsuch could alter the conservative-majority court's approach to abortion. Kavanaugh replaced Justice Anthony Kennedy, a conservative who backed abortion rights in key rulings in 1992 and 2016.
Tags: Science, Supreme Court, Congress, Louisiana, Trump, Anthony Kennedy, Kavanaugh, Brett Kavanaugh, Neil Gorsuch


Symposium: Why not continue the political struggle in partisan-gerrymandering cases?

Derek Muller is an associate professor of law at the Pepperdine University School of Law. “In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people’s representatives.” So wrote Justice Felix Frankfurter in his dissenting opinion in Baker v. Carr in 1962. It was, of course, a dissent. A majority of the Supreme Court in short order reorganized state legislatures according to its own understanding of fair representation — that...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, California, Massachusetts, Indiana, Arizona, Davis, Wisconsin, North Carolina, Baker, Carr, Democratic


Justices to tackle partisan gerrymandering … again: In Plain English

Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. But in March, the Supreme Court will hear oral argument on whether state officials can go too far, so that they actually violate the Constitution, when they draw maps that favor one political party at another’s expense. And with the r...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts, Fayetteville


Empirical SCOTUS: Looking back to assess the potential future of oral arguments

Over the past several years the Supreme Court has undergone substantial change. Not only has the face of the court shifted, but so has its center, with the departure of Justice Anthony Kennedy. Oral arguments offer the only vantage point into the interactions and dynamics between the justices and provide some context for how they might vote, along with possible voting coalitions. Through this lens we can get a sense of how these changes affected existing and newly appointed justices. This situat...
Tags: Supreme Court, Law, United States, Wyoming, Ruth Bader Ginsburg, Kennedy, Antonin Scalia, Ward, John Roberts, Roberts, Gamble, Ginsburg, Alito, Lambert, Sotomayor, Stephen Breyer


Trump's two justices mean Supreme Court could essentially flip abortion access ruling from 2016

In 2016, a closely divided Supreme Court delivered a ringing victory to abortion rights supporters by striking down a Texas abortion access law. Justice Anthony Kennedy, siding with the liberals on the bench, cast the critical 5-3 vote holding that the law constituted an undue burden on a woman's right to seek an abortion.
Tags: Texas, Supreme Court, Cnn, Trump, Anthony Kennedy


Trump's two justices mean Supreme Court could essentially flip abortion access

In 2016, a closely divided Supreme Court delivered a ringing victory to abortion rights supporters by striking down a Texas abortion access law. Justice Anthony Kennedy, siding with the liberals on the bench, cast the critical 5-3 vote holding that the law constituted an undue burden on a woman's right to seek an abortion.
Tags: Texas, News, Supreme Court, Stories, Trump, Anthony Kennedy


Justices asked to enter abortion fray

The hot-button issue of abortion returned to the Supreme Court today. Two doctors who perform abortions and an abortion clinic asked the justices to block a lower-court ruling that upheld a Louisiana law that, according to a federal trial court, would leave “only one physician providing abortion in the entire state.” The challengers – which would mean that the state could not enforce the law – to give them time to file a petition for review; the justices’ ruling on today’s request could tell u...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Howe, Roberts Court, U S Court of Appeals, Samuel Alito, Anthony Kennedy, 5th Circuit, What's Happening Now, Louisiana Alito


Justices asked to enter abortion fray (Updated)

[UPDATE: On January 29, Justice Samuel Alito directed the state to file a response to the challengers’ request by 3 p.m. on Thursday, January 31. ] The hot-button issue of abortion returned to the Supreme Court today. Two doctors who perform abortions and an abortion clinic asked the justices to block a lower-court ruling that upheld a Louisiana law that, according to a federal trial court, would leave “only one physician providing abortion in the entire state.” The challengers – which would m...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Howe, Roberts Court, U S Court of Appeals, Samuel Alito, Anthony Kennedy, 5th Circuit, What's Happening Now, Louisiana Alito


Justices to tackle important agency-deference question: In Plain English

This spring the Supreme Court will hear oral argument in Kisor v. Wilkie, a case that arises from a dispute over benefits for a Marine who served in the Vietnam War. Although it may sound dry, the case could be one of the most consequential ones of the term, because the justices will decide whether to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation – a doctrine sometimes known as “Auer deference.” The Supreme Court’s ruling could have a si...
Tags: Featured, Supreme Court, Law, Congress, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, John Roberts, Scalia, Howe, Clarence Thomas, Samuel Alito, Anthony Kennedy


U.S. Supreme Court (Finally) Takes Another Second Amendment Challenge to Gun Control

Opinion Knife Rights' NYC Gravity Knife Case Appeal Headed To U.S. Supreme Court Fairfax, VA – -(Ammoland.com)- This week, the U.S. Supreme Court agreed to hear a Second Amendment challenge to a gun control law for the first time in nearly 10 years. Arguments in the case will likely be heard during the court’s next term, which starts in October of 2019. During the opening decade of the 21st Century, the U.S. Supreme Court issued two landmark rulings that many hoped would revitalize the Secon...
Tags: Guns, Supreme Court, Scotus, New York City, America, Chicago, United States, District Of Columbia, Michael Bloomberg, Kennedy, Trump, Nra, Antonin Scalia, U S Supreme Court, McDonald, Anthony Kennedy


Ask the authors: The Supreme Court and the law of and for elites

The following is a series of questions posed by Ronald Collins to Neal Devins and Lawrence Baum on the occasion of the publication of their book “The Company They Keep: How Partisan Divisions Came to the Supreme Court” (Oxford University Press, 2019, 272 pp., cloth: $29.95). Neal Devins is the Sandra Day O’Connor Professor of Law at the College of William and Mary. Lawrence Baum is an emeritus professor of political science at Ohio State University. Welcome, Neal and Lawrence, and thank you fo...
Tags: Featured, Supreme Court, Law, Obama, Congress, White House, Book Reviews, Ronald Reagan, Arizona, William, Republican, Kerry, Donald Trump, Miranda, Fdr, East Bay


Supreme Court takes up gun rights for 1st time in 9 years

By MARK SHERMAN WASHINGTON — The Supreme Court said Tuesday it will take up its first gun rights case in nine years, a challenge to New York City’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits. The court’s decision to hear the appeal filed by three New York residents and New York’s National Rifle Association affiliate could signal a revived interest in gun rights by a more conservative court. The case won’t be argued until October. The challengers are r...
Tags: New York, News, Supreme Court, Washington, New York City, Uncategorized, Sport, Soccer, Donald Trump, Paul Clement, Mark Sherman, Carter, The Supreme Court, Anthony Kennedy, Clement, Zachary Carter


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


"Sources confirmed to Fox News that the White House has quietly reached out to a small number of GOP lawmakers and conservative legal advocates, reassuring them it would be ready for any court vacancy."

"Under new White House Counsel Pat Cipollone, a ready list of top-tier candidates is being updated. The low-key, unofficial heads-up is similar to when rumors of Justice Anthony Kennedy's retirement were rampant in 2017 and 2018. He announced last June he would leave the court."From "Ginsburg absence shakes court: White House makes preparations, coming weeks seen as key" (Fox News). [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, White House, Gop, Fox News, Ginsburg, Anthony Kennedy, Ann Althouse, Pat Cipollone


Gorsuch Elected As Trustee Of The Colonial Williamsburg Foundation

WILLIAMSBURG, Va. (AP) — U.S. Supreme Court Justice Neil Gorsuch has been elected to serve as a trustee of the Colonial Williamsburg Foundation. Gorsuch was nominated to the high court by President Donald Trump and took his seat in April 2017. He previously served on the 10th U.S. Circuit Court of Appeals and at the U.S. Department of Justice as principal deputy associate attorney general. Colonial Williamsburg is the world’s largest living history museum. In a statement released by the founda...
Tags: News, Donald Trump, Williamsburg, U S Supreme Court, U S Department of Justice, Va AP, Anthony Kennedy, Colonial Williamsburg, 10th U S Circuit Court of Appeals, Gorsuch, Colonial Williamsburg Foundation, Neil Gorsuch, Retired Supreme Court, Summer Concepcion


Experts Predict New SCOTUS Majority Will Take On Extreme Gerrymandering

The Supreme Court is slated to hear two blockbuster cases involving extreme partisan gerrymandering this spring—the last best chance for the nation’s highest court to take action on this pivotal issue before the 2020 census and once-a-decade redistricting process the following year. With swing vote Anthony Kennedy retired from the bench and Justice Brett Kavanaugh cementing the court’s 5-4 conservative majority, there’s a legitimate fear that their ruling may not institute a fairer system. Af...
Tags: News, Maryland, Supreme Court, Atlantic, Pennsylvania, Gop, Wisconsin, Republican, North Carolina, Smith, Kennedy, Martin O'malley, Wolf, Democratic, Allegra Kirkland, Democratic Party