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Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the constitutionality of invalidating a student-aid program because it affords students the choice of attending religious schools, whether the Fourth Amendment requires a caseworker who suspects abuse to obtain a warrant to strip-search a child, and the compatibility of the “physical realm” test with the Patent Act and Supreme Court precedent. The petitions of the week are: I. B. v. Woodard...
Tags: Cases in the Pipeline


Relist Watch: The Muller Report

John Elwood reviews Monday’s relists. I normally try to have Relist Watch written up by Wednesday after the court issues its order list. Here it is late Thursday and I’m just getting it out. It’s not just that I’m lazy, though I am. It’s that I’ve been mulling over the five new relists, and what I think their prospects are for Supreme Court review. In fact, I’ve been mulling these cases so deeply that you could call today’s installment the “Muller Report.” I like the ring of it. I’ve also spent ...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Washington, Oregon, San Francisco, Indiana, Dhs, United States, Nielsen, Illinois, Smith, Naacp, Ada


Abortion providers ask Supreme Court to take up appeal

In early February, the Supreme Court put a temporary hold on a Louisiana law that requires doctors who perform abortions in the state to have the authority to admit patients at a nearby hospital. Chief Justice John Roberts joined the court’s four more liberal justices in granting a request from abortion providers to bar the state from enforcing the law until the providers could file a petition for review of a ruling by the U.S. Court of Appeals for the Fifth Circuit upholding the law. That petit...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Scalia, Howe, Anthony Kennedy, U S Court of Appeals for the Fifth Circuit, 5th Circuit, Cases in the Pipeline, What's Happening Now, Brett Kavanaugh


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address the applicability of the government edicts doctrine to works that lack the force of law, the scope of a corporate issuer’s duty to update under Securities and Exchange Commission Rule 10b-5(b), and the ability of a nonsignatory to an arbitration agreement to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The petitions of the week are: Hagan v. Khoja 18-1...
Tags: Supreme Court, Law, Georgia, Securities And Exchange Commission, U S Court of Appeals, Hagan, Goldstein Russell, Vinson Elkins LLP, Cases in the Pipeline, Khoja, Recognition and Enforcement, Securities and Exchange Commission Rule, Public Resource Org Inc, GE Energy Power Conversion France SAS, Outokumpu Stainless USA LLC


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the ability of a court to exercise personal jurisdiction over a defendant when the defendant knew its conduct would have in-state effects but the conduct occurred outside the state, the possibility of the Federal Aviation Act’s pre-empting state-law design-defect claims, and whether the Portal-to-Portal Act modified the definition of “work” in the Fair Labor Standards Act. The petitions of the wee...
Tags: Supreme Court, Law, Canada, Morrison, 9th Circuit, Walden, National Australia Bank Ltd, U S Court of Appeals, Fiore, Goldstein Russell, FLSA, 2nd Circuit, CERCLA, Avco Corp, European Community, Integrity Staffing Solutions Inc


Relist Watch

John Elwood previews next Monday’s likely relists. This week’s installment is going to be brief, but at least it won’t be funny. It’s not just that I’m pressed for time, though I am: As I type this, the power is out for my entire neighborhood, and I sit hunched over my laptop in inky blackness. Apparently, the universe has decided that my gratuitous hyperlinks need to be given a rest. There was one grant out of last week’s relists, pushing the Kansas Supreme Court into an early lead as the most-...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Time, Indiana, Dhs, United States, Portland, Nielsen, Box, Smith, Naacp, Department Of Homeland Security, University Of California


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the requirements for a state drug offense to qualify as a “serious drug offense” under the Armed Career Criminal Act of 1984; the law a court is required to apply when weighing mitigating and aggravating evidence in a capital case; and whether, after receiving complete individual relief, a plaintiff retains standing to proceed as an adequate representative of a putative class. The petitions of the...
Tags: Supreme Court, Law, United States, Arizona, Oklahoma, McKinney, Arizona Supreme Court, U S Court of Appeals, Franklin, 2nd Circuit, Eddings, Cases in the Pipeline, Sulyma, Intel Corp Investment Policy Committee, ZocDoc Inc, Geismann


Relist Watch

John Elwood reviews Monday’s relists. After last week’s relist commotion, this week the changes are fewer, more subtle, and bad news for petitioners. Eight-time relist Newton v. Indiana, 17-1511, involving whether Miller v. Alabama applies to discretionary sentences of life without parole imposed for juvenile offenses, has been downgraded to a “hold” for last week’s grant in Mathena v. Malvo, 18-217, (itself relisted seven times) which basically covers the same issue. (The news isn’t that bad fo...
Tags: Featured, Supreme Court, Law, Congress, Alabama, Indiana, Dhs, Catholic Church, Kansas, Catholic, Nielsen, Naacp, Department Of Homeland Security, University Of California, Newton, Puerto Rico


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address whether federal preclusion principles limit the what defenses a defendant can raise when a plaintiff asserts new claims and when a state law might be exempt from the dormant commerce clause. The petitions of the week are: Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. 18-1086 Issue: Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defen...
Tags: Cases in the Pipeline


Relist Watch

John Elwood reviews Monday’s relists. Exciting times on the relist front! After a couple of light weeks, we had a flurry of action Monday. From last installment’s two new relists, the Supreme Court called for the views of the solicitor general in one case involving what accommodations employers must make for their employees’ religious exercise. The court denied cert in the other case, which involved claims of racial bias in jury deliberations, prompting Justice Sonia Sotomayor to issue an opinio...
Tags: Featured, Supreme Court, Law, Congress, Alabama, Nike, Indiana, Dhs, Chicago, United States, Social Security, Michael Jordan, Kansas, Jordan, Louisiana, Nielsen


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the time limit for seeking review in the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703(b)(1)(A) can be extended, the constitutional limitation on venue selection in a criminal trial, and whether a federal court must grant a motion for a judgment of acquittal when the evidence is in equipoise. The petitions of the week are: Graviss v. Department of Defense 1...
Tags: Supreme Court, Law, Department Of Defense, United States, Hoffman, U S Court of Appeals for the Federal Circuit, Renteria, Cases in the Pipeline, Graviss


Relist Watch

John Elwood previews next Monday’s likely relists. With my long-awaited argument finally out of the way, my preparations will no longer keep me from creating humorous and informative posts on the relisted cases the Supreme Court is considering; instead, my lack of talent will. We had fairly little movement at the last conference. We got an opinion respecting the denial of certiorari in two cases that had been relisted five times. And one new grant in a case involving Yeezy’s latest persona. But ...
Tags: Featured, Supreme Court, Law, Congress, Colorado, Virginia, Alabama, Georgia, Indiana, Dhs, Walgreens, United States, Ford, Wheeler, Davis, Kansas


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the constitutionality of requiring an ultrasound as part of informed consent before an abortion, the standard for establishing that a statement is a true threat unprotected by the First Amendment, and whether Congress can abrogate a statutory promise to pay by limiting the availability of appropriations. The petitions of the week are: Knox v. Pennsylvania 18-949 Issue: Whether, to establ...
Tags: Supreme Court, Law, Congress, Indiana, Pennsylvania, United States, Knox, Cases in the Pipeline, Moda Health Plan Inc, Kentucky Inc, Maine Community Health Options, Land of Lincoln Mutual Health Insurance Co


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address whether Congress abrogated state sovereign immunity through the Copyright Remedy Clarification Act and the framework for evaluating a First Amendment retaliation claim based on an employee’s association with a public-sector union. The petitions of the week are: Township of Millburn v. Palardy 18-830 Issue: Whether, and how, the Supreme Court’s two-step framework for evaluating First Amendment retaliation cla...
Tags: Supreme Court, Law, Congress, Cooper, Allen, Millburn, Cases in the Pipeline, Palardy


Relist Watch

John Elwood reviews Monday’s relists. With the recent reduction in trusted sources for Supreme Court news, untrusted news sources must do our best to fill the gap. So even though I have an argument approaching, I will once again try to rise to the occasion. Happily for me, it’s a light week for relists. First the old business. The court finally resolved that tangle of 56 Armed Career Criminal Act cases pretty much the way I expected. Otherwise, from last week’s installment, we had one denial, ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, Kanye West, United States, Wheeler, Kansas, Louisiana, Nielsen, Naacp


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the proper test for an equal-terms claim under the Religious Land Use and Institutionalized Persons Act, the constitutionality of a state’s prohibiting political action committees from transferring money to other political action committees, an ERISA plaintiff’s burden of proof, and whether an order denying a motion for relief from an automatic stay is a final order in bankruptcy court. The petiti...
Tags: Supreme Court, Law, Tree Of Life, U S Court of Appeals, Cases in the Pipeline, Missouri Ethics Commission, 1st Circuit, U S Courts of Appeals, Brotherston, Putnam Investments LLC, Ritzen Group Inc, Jackson Masonry LLC, Tree of Life Christian Schools, City of Upper Arlington Ohio


Relist Watch

John Elwood reviews Tuesday’s relists. I have an argument coming up, so I’m going to be fairly summary today. There was a fair amount of turnover at the February 15 conference, with one relist getting the nod (while its companion case had to settle for a hold) and one lucky petitioner winning summary reversal. Although the court to a former congressman who sought to challenge criminal charges he was facing, Justice Sonia Sotomayor at least filed an opinion acknowledging that the issue he raise...
Tags: Florida, Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, United States, Social Security, Wheeler, English, Kansas, Ohio


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the availability of tribal sovereign immunity in inter partes review, a probate-estate beneficiary’s ability to establish a direct injury for a RICO claim in certain circumstances, and the state subsidies pre-empted by the Federal Power Act. The petitions of the week are: D’Addario v. D’Addario 18-890 Issues: (1) Whether the beneficiary of a probate estate can establish the direct injury...
Tags: Supreme Court, Law, Star, Rhodes, Federal Energy Regulatory Commission, Patent Trial and Appeal Board, Goldstein Russell, D'Addario, Cases in the Pipeline, Mylan Pharmaceuticals Inc, Electric Power Supply Association, Saint Regis Mohawk Tribe


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the scrutiny applicable to a government policy of pretrial detainment for misdemeanor and traffic-offense arrestees based solely on their inability to pay a predetermined bail amount, the requirements for a patent to satisfy Section 101 of the Patent Act, the expenses encompassed in the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145, and whether the use of an acoustic device can...
Tags: Supreme Court, Law, Maguire, U S Court of Appeals, United States Patent and Trademark Office, Cases in the Pipeline, Iancu, NantKwest Inc, Vanda Pharmaceuticals Inc, Edrei, Hikma Pharmaceuticals USA Inc, City of Calhoun Georgia


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address what a plaintiff must prove to be entitled to patent damages based on the entire market value of a product; the constitutionality of appointing a labor union to represent and speak for nonmember, public-sector employees; and the proper way to assess prejudice under Strickland v. Washington.  The petitions of the week are: Uradnik v. Inter Faculty Organization 18-719 Issue: Whether it violates the First Amend...
Tags: Supreme Court, Law, Washington, Alabama, Strickland, Fairchild Semiconductor International Inc, Cases in the Pipeline, Power Integrations Inc, Uradnik, Inter Faculty Organization


Relist Watch

John Elwood previews February’s likely relists. We’re now in the middle of the Supreme Court’s nearly month-long midwinter hiatus between conferences. This means that the court hasn’t actually relisted the cases that it wishes to consider again after the January 18 conference, and probably won’t do so until closer to February 11. Still, we have a pretty good idea of which cases will be relisted. But before we head on to that, let’s bid farewell to the relisted cases that moved on to fairer clime...
Tags: Texas, Featured, Mississippi, Supreme Court, Law, Congress, Planned Parenthood, Virginia, Freedom, Alabama, Indiana, Dhs, United States, Williams, House Of Representatives, Davis


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the availability of accommodations under the Americans with Disabilities Act to an armed, violent and mentally ill suspect being brought into custody; a parent’s ability to change a child’s habitual residence by unilaterally removing the child to another country for a period of time; and whether a statutory requirement that a court order a nonresident plaintiff to post a bond for costs under certa...
Tags: Supreme Court, Law, Bentley, Moreno, Vos, Cases in the Pipeline, Zank, City of Newport Beach California, Vooys


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address the standard for removal of a juror for misconduct during deliberations, a court’s ability to enable a defendant to earn income to pay restitution, and whether a horizontal agreement to boycott a supplier can escape per se condemnation under Section 1 of the Sherman Act under certain circumstances. The petitions of the week are: Sample v. United States 18-759 Issue: Whether a district court may reduce a prison s...
Tags: Supreme Court, Law, United States, Fattah, Cases in the Pipeline, American Media Inc, Anderson News LLC


Relist Watch

John Elwood reviews Monday’s relists. I’m today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the full 30 days to file reply briefs before oral argument. After this Friday, the court’s next scheduled conference isn’t until February 15 – almost a month from now. And any cases granted at that conference will ...
Tags: Texas, Featured, Supreme Court, Law, Congress, Virginia, New York City, Freedom, Alabama, Indiana, Dhs, United States, House Of Representatives, Kansas, Louisiana, Nielsen


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address whether depriving a criminal defendant of trial counsel against his will violates the Sixth Amendment and a jailer’s liability under 42 U.S.C. § 1983 for detaining a person for an extended period without providing a hearing for arraignment and bail review. The petitions of the week are: Moya v. Garcia 18-689 Issue: Whether, when a jailer detains a person for an extended period with no access to a court hearing f...
Tags: Supreme Court, Law, California, Garcia, Moya, Mays, Goldstein Russell, Cases in the Pipeline, Carruthers, Faretta


Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, when an “offer[] to sell” under the Patent Act occurs, the scope of the review Strickland v. Washington requires to determine whether an error rendered counsel’s representation constitutionally deficient, the validity of a foreclosure sale that violated 12 U.S.C. § 4617(j)(3), and the scope of a federal court’s jurisdiction when determining whether resolution of a state-law claim would involve a c...
Tags: Supreme Court, Law, Washington, Connecticut, Freddie Mac, Strickland, LLC, Fannie Mae, Goldstein Russell, Skakel, Cases in the Pipeline, Federal Home Loan Mortgage Corp, Federal Housing Finance Authority, Renesas Electronics America Inc, Alaska Airlines Inc, Schurke


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the constitutional adequacy of the “aggravating circumstances” used by a state to sentence a person to death, the scope of a defendant’s Sixth and 14th Amendment right to conflict-free counsel, and whether the use of a name is a “means of identification of another person” under 18 U.S.C. § 1028A. The petitions of the week are: Acklin v. Alabama 18-640 Issue: Whether a criminal defendant is d...
Tags: Supreme Court, Law, Alabama, United States, Idaho, Hall, Santana, ACKLIN, Cases in the Pipeline


Justices rebuff government on asylum ban

Last week the federal government went to the Supreme Court, asking the justices to block a ruling by a federal judge that bars the Trump administration from denying asylum to immigrants who enter the United States illegally from Mexico. Today the justices turned down the government’s request, which means that the government will not be able to enforce its new policy on asylum while the government appeals to the U.S. Court of Appeals for the 9th Circuit and, if it comes to that, the Supreme Court...
Tags: Featured, Supreme Court, Law, Obama, Congress, Mexico, White House, Reagan, United States, Department Of Justice, Donald Trump, Clinton, Trump, Bush, John Roberts, 9th Circuit


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, when an “offer[] to sell” occurs under the Patent Act, the constitutionality of a court-martial of a retired military service member, and the correct legal standard for determining whether a lien is a “statutory lien” under the Bankruptcy Code. The petitions of the week are: Larrabee v. United States 18-306 Issues: (1) Whether the Constitution permits the court-martial of a retired military ...
Tags: Supreme Court, Law, Congress, United States, Larrabee, Humphrey, Bureau of Consumer Financial Protection, Cases in the Pipeline, Mnuchin, Executor, State National Bank of Big Spring, Renesas Electronics America Inc, Peaje Investments LLC