Posts filtered by tags: Breyer[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


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




"The Supreme Court ruled Wednesday teachers at religious schools are foreclosed from bringing workplace discrimination cases against their employers."

"The 7-2 ruling said the lawsuits could not move forward due to the “ministerial exception” and court precedent, which has held the First Amendment protects religious institutions from some workplace discrimination complaints."The Washington Times reports.AND: A second case announced this morning — "In Little Sisters of the Poor v. Pennsylvania, the justices upheld a federal rule exempting employers with religious or moral objections from providing contraceptive coverage to their employees under...
Tags: Supreme Court, Education, Law, Court, Pennsylvania, Birth Control, Poor, Nuns, Thomas, Ginsburg, The Washington Times, Sotomayor, Breyer, Kagan, Clarence Thomas, RFRA


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


Opinion analysis: Fractured court rules in favor of political consultants in First Amendment challenge to federal robocall law but keeps robocall ban in place

On Monday, in a fractured set of opinions, the Supreme Court ruled in favor of an association of political consultants challenging the Telephone Consumer Protection Act of 1991. That statute bans robocalls to cellphones. In 2015 Congress added an exception to permit robocalls collecting government-backed debts. In Barr v. American Association of Political Consultants, the court decided that the 2015 exception violates the First Amendment’s speech clause. The consultants won the constitutional ar...
Tags: Featured, Supreme Court, Law, Congress, Town, Thomas, Reed, Sonia Sotomayor, John Roberts, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, TCPA


US supreme court gives conservatives the blues but what's really going on?

Donald Trump’s nomination of two justices seemed to have tilted the balance decisively but recent rulings have raised eyebrowsFor all the ominous twists of Donald Trump’s presidency, his placement on the US supreme court of two deeply conservative justices, Neil Gorsuch and Brett Kavanaugh, inspired a special kind of foreboding for many liberals.With three conservatives already sitting on the court, the creation by Trump of a seemingly impregnable, five-vote conservative supreme court majority a...
Tags: Texas, News, Justice, Supreme Court, Congress, California, Senate, US, Barack Obama, Joe Biden, Democrats, Louisiana, Donald Trump, Ruth Bader Ginsburg, George W Bush, Trump


Symposium: What’s “the use” of the Constitution’s distinctive treatment of religion if it is disregarded as discrimination?

Holly Hollman is general counsel for the Baptist Joint Committee for Religious Liberty, which submitted an amicus brief in support of the respondents in Espinoza v. Montana Department of Revenue.  The Supreme Court’s decision in Espinoza  v. Montana Department of Revenue purports to be “unremarkable,” particularly in light of Trinity Lutheran v. Comer, decided just three years ago. But the multiple opinions – four for the majority and three dissenting opinions – belie that assertion and demonst...
Tags: Featured, Supreme Court, Law, Montana, Washington, Missouri, Ohio, State, Sonia Sotomayor, U S Supreme Court, John Roberts, Roberts, Locke, Stephen Breyer, Breyer, Davey




Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. Booking.com sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark


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


Patent Law and Booking.Com: as a whole or by parts

Patent scholars and attorneys will recognize the battle in https://t.co/7wn2gtAbSC between the majority (Justice Ginsburg) and dissent (Justice Breyer) looks much the same to the debate over patentable subject matter. As a whole or by parts? — Dennis Crouch (@patentlyo) June 30, 2020 The difference: In trademark law Justice Breyer dissented against the 8-1 majority supported strong IP rights and focused on the booking dot com mark "as a whole" In patent law the 9-0 court agreed with Br...
Tags: Law, Patent, Ginsburg, Breyer, Dennis Crouch


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


Supreme Court Promotes Weaponization of Generic Domain Names–USPTO v. Booking.com

The USPTO believed that “generic.com” domain names were almost always generic and therefore unregistrable. On that basis, it denied registration for Booking.com. The Supreme Court holds that generic.com domain names aren’t necessarily generic, which means they have the potential to become protectable trademarks and registrable. Justice Ginsburg’s majority opinion holds: “Whether any given ‘generic.com’ term is generic… depends on whether consumers in fact perceive that term as the name of a cla...
Tags: Supreme Court, Law, E-commerce, Uspto, Domain Names, Trademark, Travelocity, Ginsburg, Breyer, Corp, U S Patent Trademark Office, Generic Corp, Generic Inc, Wine Corp


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


time to register your generic.com

United States Patent & Trademark Office (USPTO) v. Booking.Com B.V. (Supreme Court 2020) [Full Decision PDF] In this trademark case, the USPTO asked the court to implement its “nearly per se” rule that a generic term remains generic even if coupled with a generic top level domain (such as “.com”).  The 4th Circuit sided with BOOKING.COM and the Supreme Court has now affirmed: “[W]e discern no support for the PTO’s current view in trademark law or policy.” Id. According to the majority, the ques...
Tags: Supreme Court, Law, Uspto, Patent, Travelocity, Ginsburg, PTO, Goodyear, Sotomayor, Breyer, United States Patent Trademark Office USPTO, Booking com, Goodyear Rubber Co, Booking Com B V Supreme Court, Goodyear 's India Rubber Glove Mfg Co


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


Symposium: June Medical decision is no cause for congressional complacency

Richard Blumenthal is the senior United States senator from Connecticut. He joined an amicus brief on behalf of 197 members of Congress in support of the petitioners in June Medical Services v. Russo. He is the Senate lead sponsor of the Women’s Health Protection Act. Today’s Supreme Court decision in June Medical Services v. Russo is a landmark legal victory against radical politicians relentlessly attacking reproductive rights cross the country. Roe v. Wade is safe—for now. This ruling is an i...
Tags: Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Connecticut, Louisiana, Donald Trump, Richard Blumenthal, John Roberts, Baton Rouge, U S Court of Appeals, Stephen Breyer, Breyer


Opinion analysis: Justices uphold condition for HIV/AIDS funding

Seven years ago, the Supreme Court ruled that nongovernmental organizations based in the United States cannot be required to have a policy that expressly opposes prostitution and sex trafficking in order to receive government funds to fight HIV/AIDS. However, by a vote of 5-3, the court held today in U.S. Agency for International Development v. Alliance for Open Society International that enforcement of a similar requirement against the foreign affiliates of the same U.S.-based NGOs does not vio...
Tags: Featured, Supreme Court, Law, Congress, Cnn, United States, Thomas, Sonia Sotomayor, U S Agency for International Development, Howe, U S Court of Appeals, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Kavanaugh


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


Shocker: Supreme Court Preserves Abortion Rights, Strikes Down Louisiana Hospital Privileges Law

The Supreme Court has struck down a Louisiana abortion law that opponents say would have closed all but one abortion clinic in the state and had lasting repercussions for reproductive rights across the country.The Louisiana law, known as Act 620, would have required abortion providers to have the ability to admit patients at local hospitals. Supporters said the legislation promoted safety and continuity of care; abortion-rights advocates say it was a medically unnecessary restriction would force...
Tags: Texas, News, Supreme Court, Court, States, Louisiana, Center For Reproductive Rights, Nancy Northup, Trump, Rose, Sonia Sotomayor, Wade, John Roberts, Roberts, Stephen Breyer, Breyer


Supreme Court strikes down abortion restrictions in 5-4 ruling

The Supreme Court today struck down Louisiana's restrictions on abortion, with Chief Justice John Roberts joining the liberals to form a 5-4 majority. Roberts wrote that the case is nearly identical to one decided recently that struck down Texas's restrictions. Though he dissented in that case, stare decisis. Breyer writes the lead opinion for the four liberal justices. Roberts concurs in the judgment on grounds of stare decisis, finding that Whole Woman's Health (from which he dissented...
Tags: Post, Politics, Texas, News, Supreme Court, Louisiana, John Roberts, Mark Joseph Stern, Roberts, Breyer


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


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


Empirical SCOTUS: Interesting meetings of the minds of Supreme Court justices

Unanimity in the Supreme Court used to be the norm. In the early years of court history there were few dissents, and so there was little opportunity to examine differences between the justices outside of how they authored their majority opinions. This practice has changed over the years, and decisions are more frequently divided rather than unanimous. Certain justices are also more likely to vote alongside, or against, one another. Differences in voting agreements can be somewhat staggering. ...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, William Rehnquist, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Assessing Originalism: Ten Years (Roughly) After Heller and Living Originalism (Part I)

Since posting my article “Optimistic Originalism and the Reconstruction Amendments” to SSRN, I have been planning (intending!) to do a series of posts that illustrate its themes.   Because the abstract is readily available, I will not summarize the article here.  I will use this post to highlight one particular aspect of its argument.   Then I will offer two broader reflections on the course of the originalism-nonoriginalism debate “ten years after” District of Columbia v. Heller (2008) and ...
Tags: Columbia, Ucla, Branding, Opm, McDonald, Scalia, Breyer, Heller, Konig, Jack Balkin, Balkin, Stephen Griffin, Eric Segall, Mike Ramsey, Lawrence Solum, City of Chicago Breyer


Does John Roberts Need to Check His Own Biases?

Evidence from recent Supreme Court arguments suggests that the chief justice, like most people, may have ideological and gender blind spots.
Tags: News, Supreme Court, Trump, John Roberts, Roberts, Ginsburg, Alito, Sonia, Sotomayor, Breyer, Kavanaugh, Donald J, Stephen G, Ruth Bader, Supreme Court (US, John G Jr


Empirical SCOTUS: Changes in Supreme Court oral argument format: The good, the bad and the ugly

Editor’s note: This is the first in a three-post series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. The first week of the Supreme Court’s telephonic oral arguments provided meaningful data points to compare old-style oral arguments with the new framework. These new arguments were not without mishaps, as justices and attorneys attempted to navigate this unfamiliar terrain. Using Supreme Court transcript data and audio recordings...
Tags: Featured, Supreme Court, Law, Pennsylvania, Department Of Homeland Security, Ruth Bader Ginsburg, Ross, Thomas, Peter, Sonia Sotomayor, Stewart, John Roberts, Blatt, Roberts, Liu, Ginsburg