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Maybe Don’t Twist Breyer’s Arm About Retiring, Dems

Should he stay or should he go now? Just make a decision already.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Stephen Breyer, Breyer, Supreme Court Retirement Watch


The morning read for Friday, May 7

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Friday morning read: Will the Supreme Court Write Guantánamo’s Final Chapter? (Linda Greenhouse, The New York Times) The Democrats Are Doing Court Reform Backward (Simon Lazarus & Robert Litan, The New Republic) In Deciding Fulton v. Philadelphia, the Supreme Court Should Remember That F...
Tags: Supreme Court, Law, New York Times, Round-up, New Republic, Fulton, Linda Greenhouse, Breyer, Adam Gopnik, Simon Lazarus Robert Litan, Supreme Court Write Guantánamo, Philadelphia the Supreme Court, Ariane de Vogue Manu


Democrats wary of appearing to push Justice Breyer out despite their small window to replace him

Senior Democrats are treading carefully around Justice Stephen Breyer these days, worried that a progressive push to get him to retire could either anger him or come off as overtly political -- in either case potentially dashing their hopes of getting a young new liberal on the Supreme Court in his place.
Tags: Supreme Court, Cnn, Stephen Breyer, Breyer


Democrats wary of appearing to push Justice Breyer out

Senior Democrats are treading carefully around Justice Stephen Breyer these days, worried that a progressive push to get him to retire could either anger him or come off as overtly political -- in either case potentially dashing their hopes of getting a young new liberal on the Supreme Court in his place.
Tags: News, Supreme Court, Stories, Stephen Breyer, Breyer


Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit


Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer


Justices weigh available defenses to criminal re-entry for certain immigrants

The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. In Refugio Palomar-Santiago’s case, that prior removal order did exist. However, the Supreme Court’s 2004 decision in Leocal v. Ashcroft, decided after the entry ...
Tags: Featured, Supreme Court, Law, Congress, United States, Ross, Thomas, Sonia Sotomayor, Garcia, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Justices ponder narrow ruling in student speech case

The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school. Some justices expressed concern about whether allowing schools to regulate off-campus speech could sweep in too much speech by young people, while others worried that – particularly in the internet era – a contrary rule would give too little weight to the harmful effects that some speech, such as cyberbullying, can have at school even when it ...
Tags: Featured, Supreme Court, Law, Pennsylvania, Levy, Michael Jordan, Thomas, Sonia Sotomayor, Stewart, John Roberts, American Civil Liberties Union, Blatt, Roberts, David Cole, Howe, Alito


United States: Supreme Court Unanimously Concludes FTC Cannot Obtain Equitable Monetary Relief Through Section 13(b) Of The Federal Trade Commission Act - Winston & Strawn LLP

Justice Breyer wrote for a unanimous Supreme Court on Thursday in AMG Capital Management v. Federal Trade Commission, holding that § 13(b) of the Federal Trade Commission Act (FTCA)...
Tags: News, Supreme Court, United States, Federal Trade Commission, Breyer, Strawn LLP, AMG Capital Management, Obtain Equitable Monetary Relief Through Section


Justices doubtful on California donor-disclosure requirement

The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The requirement, the state insists, helps it to police charitable fraud. But two nonprofits argue that the rule violates the First Amendment by discouraging their donors from making contributions. After near...
Tags: Featured, Supreme Court, Law, California, Alabama, Irs, Charles Koch, Sonia Sotomayor, John Roberts, American Civil Liberties Union, Feinberg, Roberts, Howe, Alito, Shaffer, Barrett


Justices unanimously reject FTC’s authority to compel monetary relief

My post summarizing the oral argument in AMG Capital Management v. Federal Trade Commission suggested that it didn’t go well for the FTC because even Justice Stephen Breyer was unreceptive to the broad authority the commission was claiming in its efforts to recoup money from businesses accused of deceiving consumers. That understanding was born out Thursday when Breyer’s opinion for a unanimous court firmly and categorically rejected the commission’s argument. As Breyer explains, the case inv...
Tags: Featured, Law, Congress, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management, AMG Capital


United States: Supreme Court Finds Section 13(b) Does Not Allow For Monetary Remedies - Kelley Drye & Warren LLP

This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC. Judge Breyer issued the decision for a unanimous Court.
Tags: News, Supreme Court, United States, Ftc, Breyer, Kelley Drye, AMG Capital Management, Warren LLP, Supreme Court Finds Section


Skepticism and the shadow of Chevron in Sanchez v. Mayorkas argument

The humanitarian stakes were indiscernible in Monday morning’s oral argument in Sanchez v. Mayorkas, which examined whether noncitizens who have been granted Temporary Protected Status are eligible for the statutory procedure known as “adjustment of status” in order to become lawful permanent residents. Only Justice Brett Kavanaugh alluded to the 400,000 individuals granted TPS, most of whom have been living and working in the United States for decades, whose prospects of permanent residence wo...
Tags: Supreme Court, Law, Congress, United States, El Salvador, Biden, Chevron, Thomas, Sonia Sotomayor, John Roberts, Roberts, Sánchez, Alito, Gonzalez, Barrett, U S Court of Appeals


Supreme Court Slashes FTC's Power To Seek Monetary Awards

The U.S. Supreme Court slashed the Federal Trade Commission's power to seek monetary awards in court, throwing out a legal tool the consumer-protection agency has used to collect billions of dollars over the past decade. From a report: The justices on Thursday unanimously said the FTC can't seek consumer redress when it invokes a provision that lets the agency go straight to federal court to try to stop an alleged fraud. The ruling is a triumph for business trade groups, which urged the court to...
Tags: Congress, Tech, Federal Trade Commission, Ftc, U S Supreme Court, Volkswagen AG, Stephen Breyer, Breyer, Supreme Court Slashes FTC


Unanimous court curtails FTC’s ability to obtain restitution for deceptive practices

The Supreme Court on Thursday unanimously ruled against the Federal Trade Commission in a dispute with a payday loan company over the extent of the commission’s authority to seek monetary restitution from companies engaged in deceptive practices. In an opinion by Justice Stephen Breyer, the court held that Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek (and does not allow courts to award) “equitable monetary relief such as restitution or disgorgement.” That...
Tags: Featured, Supreme Court, Law, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management


SCOTUS affirms juve LWOP sentence, 6-3, in Jones v Mississippi

I am on the road today, and so I am not that surprised the Supreme Court has handed down the big sentencing opinion I have been awaiting all Term.  I hope to comment later today. UPDATE :  Thanks to airport wifi, I can now provide this link to the full opinion in Jones v. Mississippi, No. 18-1259 (S. Ct. April 22, 2021).  Here is how Justice Kavanaugh's opinion for the Court begins Under Miller v. Alabama, 567 U.S. 460 (2012), an individual who commits a homicide when he or she is under 18 may...
Tags: Mississippi, Supreme Court, Law, Court, Alabama, Louisiana, Jones, Montgomery, Miller, Breyer, Kagan, Ramos, Kavanaugh, Brett Jones, Miller Jones, Douglas A Berman


Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations

With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations. During nearly two hours of oral argument in Yellen v. Confederated Tribes of the Chehalis Reservation, the justices expressed doubts about the textual arguments advanced by both sides even as they seemed wary of the consequences of a ruli...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Paul Clement, Yellen, Thomas, Sonia Sotomayor, John Roberts, Roberts, Treasury Department, Alito, Barrett, Sotomayor


Biden says he’s willing ‘to compromise’ with Republicans on infrastructure bill – live

President meets with a bipartisan group of lawmakersBiden says everyone in US now eligible for Covid vaccine Biden directs agencies to stop using phrases like ‘illegal alien’Sign up to receive First Thing – our daily briefing by email 7.57pm BST Pressure among the left for Supreme Court justice Stephen Breyer to retire is growing. Another progressive group, Women's March, is calling on Supreme Court Justice Stephen Breyer to retire so Biden can replace him."The longer Breyer stays on the Cou...
Tags: Supreme Court, Senate, White House, US, Joe Biden, US news, US politics, Bill Clinton, Mitch McConnell, US Congress, Republican, Biden, Democratic, Democratic Party, Stephen Breyer, Breyer


Democratic Rep. Mondaire Jones calls on Supreme Court Justice Stephen Breyer to retire

Rep. Mondaire Jones (D-New York) speaks during a news conference outside the Supreme Court building to announce legislation to expand the number of seats on the court. Caroline Brehman/CQ-Roll Call, Inc via Getty Images Rep. Mondaire Jones is calling on Justice Stephen Breyer to retire from the Supreme Court. Jones wants Biden to appoint a new justice and backs expanding the court from nine to 13 members. "Court expansion is something that is deeply rooted in the American tradition," Jones...
Tags: Politics, New York, Supreme Court, Congress, California, Senate, White House, Massachusetts, Court, US, Barack Obama, Trends, Georgia, Joe Biden, Gop, United States


The morning read for Friday, April 16

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Friday morning read: The Supreme Court Is Making New Law in the Shadows (Stephen Vladeck, The New York Times) Don’t be fooled: The Supreme Court isn’t expanding anytime soon (Chris Cillizza, CNN) Biden administration asks Supreme Court not to hear challenge to all-male military draft (R...
Tags: Supreme Court, Law, Washington Post, US, Round-up, Robert Barnes, Breyer, Mark Walsh, New York Times Don, Stephen Vladeck, Chris Cillizza CNN Biden, Ruth Bader Ginsburg Columbia Law


How politically sustainable is Biden’s progressive policy agenda?

President Joe Biden’s policy agenda has been unmistakably progressive. But is it sustainable? The president, who ran for office as a uniting figure, has come to disregard bipartisanship in favor of an ever more-progressive set of priorities. Last month, Biden and congressional leaders rammed through a $1.9 trillion spending package without a single Republican vote. Now, Senate Democrats are once again eyeing means of bypassing the usual 60 vote-requirement to advance legislation to speed up Bide...
Tags: Supreme Court, Congress, California, Opinion, Senate, Los Angeles, Sport, Joe Biden, Soccer, Editorials, Biden, Stephen Breyer, Breyer, Peter Suderman, Supreme Court Last


Will Justice Breyer Retire? Reading The Clerk Hiring Tea Leaves

Law clerk hiring can offer hints into a justice's retirement plans; what does Justice Breyer's tell us?
Tags: Politics, Supreme Court, Law, Scotus, Retirement, Courts, Federal Judges, Stephen Breyer, Breyer, Clerks, Supreme Court clerks, SCOTUS clerkships, Clerkships, SCOTUS Clerks, Law Clerks, Retirements


The morning read for Tuesday, April 13

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: “Shadow Dockets” Are Normal. The Way SCOTUS Is Using Them Is the Problem. (Steve Vladeck, Slate) The Supreme Court’s ‘Shadow Docket’ Is Looking Increasingly Shady (Charles Pierce, Esquire) The Roberts Court, First Amendment Fanaticism, and the Myth of Originalism (E...
Tags: Supreme Court, Law, Round-up, Breyer, Steve Vladeck, Adam Carrington, Daniel Cotter, Eric Segall Dorf


Liberals ramp up calls for Supreme Court Justice Breyer to retire after he panned court packing in speech

Many on the left had quietly hoped that Justice Stephen Breyer would retire in 2021, opening up a seat on the Supreme Court for...
Tags: Supreme Court, Stephen Breyer, Breyer


Psaki: Biden won't pressure Breyer to retire

“He believes that’s a decision Justice Breyer will make when he decides it’s time to no longer serve on the Supreme Court,” press...
Tags: Supreme Court, Biden, Breyer, Psaki


U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)

By Guest Blogger Tyler Ochoa [BONUS: Prof. Ochoa will be speaking on this case April 13, 6pm Pacific. Free registration.] On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java SE Application Programming Interface (API) in creating its Android operating system was a fair use.  Google LLC v. Oracle America, Inc., No. 18-956.  Writing for the majority, Justice Breyer declined to answer the first question presented in the petition for certoriari: “Wh...
Tags: Apple, Google, Android, Usa, Supreme Court, Microsoft, Law, Congress, Court, Copyright, United States, Sun, Sony, Silicon Valley, Warhol, Lotus


United States: Supreme Court Holds That Google's Use Of Oracle's Java API Is "Fair Use" - Cadwalader, Wickersham & Taft LLP

Justice Breyer delivered the Opinion of the Court, in which Justices Roberts, Sotomayor, Kagan, Gorsuch and Kavanaugh joined.
Tags: Google, News, Supreme Court, United States, Breyer, Kavanaugh, Taft LLP, Opinion of the Court, Roberts Sotomayor Kagan Gorsuch


In Harvard speech, Breyer speaks out against “court packing”

Emphasizing that the Supreme Court’s authority hinges on the public’s trust in the court, Justice Stephen Breyer used a speech on Tuesday at Harvard Law School to argue against efforts to expand the number of seats on the Supreme Court. The 82-year-old Breyer contended that public trust in the court rests in the public’s perception that “the court is guided by legal principle, not politics” and would therefore be eroded if the court’s structure were changed in response to concerns about the inf...
Tags: Featured, Supreme Court, Law, Senate, Barack Obama, Joe Biden, Harvard, Mitch McConnell, Biden, Albert Camus, Ruth Bader Ginsburg, Harvard Law School, Antonin Scalia, Howe, Stephen Breyer, Breyer


Justice Stephen G. Breyer said something very obvious about Supreme Court authority.

But he's authoritative, and he's pushing back liberal politicos, and he said it in a speech at Harvard Law School, so it's news, reported here, at "Justice Breyer says expanding the Supreme Court could erode trust" (WaPo). In remarks prepared for a speech at Harvard Law School, Breyer wrote that the court’s authority depends on “a trust that the court is guided by legal principle, not politics.” He added: “Structural alteration motivated by the perception of political influence can only feed tha...
Tags: Supreme Court, Law, Congress, Senate, Court, Harvard, Biden, Separation of Powers, Gore, Trump, Bush, Harvard Law School, WaPo, Breyer, Stephen G Breyer, Ann Althouse


The morning read for Wednesday, April 7

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Wednesday morning read: Justice Breyer Rejects ‘Conservative’ Tag for U.S. Supreme Court (Greg Stohr, Bloomberg) Justice Breyer says expanding the Supreme Court could erode trust (Robert Barnes, The Washington Post) Why Is the Supreme Court Hesitating on Abortion? (Ed Kilgore, New York...
Tags: Supreme Court, Law, Washington Post, United States, Round-up, Josh Blackman, Robert Barnes, Breyer, Supreme Court Hesitating, U S Supreme Court Greg Stohr Bloomberg, Kilgore New York magazine SCOTUS, Knight Foundation Thomas, Howard Wasserman PrawfsBlawg In Terry