Posts filtered by tags: Cases in the Pipeline[x]


 

Petitions of the week: A pair of cases on Trump and the emoluments clauses

This week we highlight two new cert petitions that ask the Supreme Court to decide whether business competitors of the Trump International Hotel have the right to sue the president under the Constitution’s emoluments clauses. Trump v. Citizens for Responsibility and Ethics in Washington and Trump v. District of Columbia involve challenges to President Donald Trump’s ownership interest through the Trump Organization in various properties and restaurants in New York and Washington, including the T...
Tags: New York, Featured, Maryland, Supreme Court, Law, Washington, United States, District Of Columbia, Donald Trump, Faa, Pitch, Sparks, Trump, Democratic, Goldman Sachs Group Inc, Levinson


Petitions of the week: Capital punishment, sex discrimination, Trump’s Twitter and more

This week we highlight recent cert petitions that ask the Supreme Court to weigh in on an obsolete sentencing practice for the death penalty, the extent of Title IX’s protections against sex discrimination, and President Donald Trump’s use of Twitter. In McMillan v. Alabama, an inmate on death row wants the court to review the constitutionality of his death sentence, which was imposed by a judge after the jury voted 8-4 for life imprisonment. A judicial override procedure for death sentences was...
Tags: Featured, Maryland, Supreme Court, Law, Alabama, United States, Williams, Donald Trump, Bose, Trump, HARRIS, 9th Circuit, Paxton, Tribe, U S Court of Appeals, McMillan


Petitions of the week: Warrantless home searches, border-wall funding and more

This week we highlight cert petitions that ask the Supreme Court to decide whether police, without a warrant, may enter a home and remove weapons under a “community caretaking” exception and whether Congress authorized the Trump administration’s spending on the U.S.-Mexico border wall. In Caniglia v. Strom, officers questioned Edward Caniglia at his home after his wife expressed concern that he might be suicidal. They took him to a hospital and then entered the home and removed two handguns. The...
Tags: Featured, Supreme Court, Law, Congress, Mexico, Defense, United States, Graham, Pentagon, Connor, Jackson, Taser, Donald Trump, Department Of Homeland Security, Sierra Club, Trump


Petitions of the week: Voter citizenship, union organizing and more

This week we highlight cert petitions that ask the Supreme Court to decide the constitutionality of a Kansas law on voter registration and a California law on union organizing. Schwab v. Fish involves a Kansas law that requires documentary proof of U.S. citizenship in order to register to vote. Two lawsuits, later consolidated, maintained that the requirement violates the 14th Amendment by burdening the right to vote and is preempted by the National Voter Registration Act. Section 5 of the NVRA,...
Tags: Featured, Supreme Court, Law, California, Kansas, Puerto Rico, U S Court of Appeals, Schwab, 2nd Circuit, Hassid, Cases in the Pipeline, NVRA, U S Court of Appeals for the 9th Circuit, Cedar Point Nursery, Andalusian Global Designated Activity Company, Big Port Service DMCC


Court adds extra argument time in Affordable Care Act case

The Supreme Court on Monday expanded the amount of time for oral argument in the constitutional challenge to the Affordable Care Act that the justices will hear this fall. In a brief order, the court granted a request from the House of Representatives to lengthen the Nov. 10 argument. The court allocated 40 minutes to each side, up from the usual 30 minutes per side. The justices also granted requests from the House and the Trump administration to participate in the argument. On the side defendi...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Montana, Court, House, House Of Representatives, Ohio, Trump, Cases in the Pipeline


Petitions of the week: Atlantic Ocean canyons, Utah wilderness roads and more

This week we highlight cert petitions that ask the Supreme Court to weigh in on a pair of disputes with environmental implications. Massachusetts Lobstermen’s Association v. Ross involves the intersection of two federal statutes and a stretch of the Atlantic Ocean containing three deep-sea canyons and four underwater mountains. The National Marine Sanctuaries Act governs the protection of marine areas, delegating authority to the president but also requiring a specific process for the designatio...
Tags: Utah, Featured, Supreme Court, Law, Congress, Barack Obama, United States, Donald Trump, Ross, Jones, Atlantic Ocean, U S Court of Appeals, 10th Circuit, Cases in the Pipeline, Wilderness Society, United States and United States


Justices appoint Utah law professor to defend structure of Federal Housing Finance Agency

The Supreme Court on Monday appointed Aaron Nielson, a professor at Brigham Young University’s J. Reuben Clark Law School, as a “friend of the court” in Collins v. Mnuchin, in which the justices are likely to hear argument this fall. Nielson, an expert on administrative law, will defend the constitutionality of the structure of the Federal Housing Finance Agency after the federal government declined to do so. The case is a dispute between shareholders of Fannie Mae and Freddie Mac and the FHFA, ...
Tags: Utah, Featured, Supreme Court, Law, Washington, Treasury, Collins, Paul Clement, Kirkland Ellis, Freddie Mac, Brigham Young University, Howe, Alito, U S Court of Appeals, Elena Kagan, Consumer Financial Protection Bureau


Petitions of the week: Title VII for the military, Medicaid work requirements and more

This week we highlight cert petitions pending before the Supreme Court that ask the court to assess, among other things, whether Title VII of the Civil Rights Act of 1964 protects uniformed servicemembers and whether Medicaid coverage for certain beneficiaries can be tied to work or other requirements. In Jackson v. Braithwaite, a Black man who served in the Marines sued under Title VII, claiming that he was denied promotions and training opportunities because of his race. The U.S. Court of Appe...
Tags: Supreme Court, Law, California, Arkansas, Jackson, Medicaid, Puerto Rico, Lange, Gresham, Department of Health and Human Services, Braithwaite, Cases in the Pipeline, Azar, Puerto Rico Oversight Management, Vazquez Garced, In Jackson


Petitions of the week: Religious employees, religious developers and more

This week we highlight cert petitions pending before the Supreme Court that ask the court to assess, among other things, claims of religious discrimination under Title VII of the Civil Rights Act of 1964 and standing requirements under the Religious Land Use and Institutionalized Persons Act. In Dalberiste v. GLE Associates Inc., a Seventh-Day Adventist claims he did not receive a reasonable accommodation from a Florida firm so that he could have Saturdays off to observe the Sabbath. He asks the...
Tags: Florida, Supreme Court, Law, U S Court of Appeals, Barr, FTI Consulting Inc, 2nd Circuit, Cases in the Pipeline, Pomona New York, Hardison, Merit Management Group LP, U S Courts of Appeals, Robert R McCormick Foundation, Michigan State University Board of Trustees, Trans World Airlines Inc, Dalberiste


Petitions of the week: Abortion, alcohol, appointments and more

This week we highlight cert petitions pending before the Supreme Court that ask the court to assess the constitutionality of a Mississippi abortion law, a Texas liquor law and a federal law governing the appointment of patent judges. In Dobbs v. Jackson Women’s Health Organization, Mississippi asks the court to weigh in on the state’s Gestational Age Act, which bans abortions after 15 weeks of pregnancy except in cases of medical emergencies or severe fetal abnormalities. The state wants the cou...
Tags: Health, Texas, Mississippi, Supreme Court, Law, Congress, Senate, United States, Graham, Wal Mart Stores, Dobbs, Duke University, Casey, U S Patent and Trademark Office, Federal Circuit, Hellerstedt


Petitions of the week: Political donations, gun rights, the emoluments clause and more

This week we highlight cert petitions pending before the Supreme Court that ask the court to weigh in on a variety of hot-button constitutional and political issues. One petition, in Lieu v. Federal Election Commission, asks the court to decide whether federal limits on political donations can, under the First Amendment, be applied to donations to so-called “super PACs.” Another petition, in Zoie H. v. Nebraska, asks the court to review, under the Second and Sixth Amendments, a state law that al...
Tags: Supreme Court, Law, United States, Nebraska, Donald Trump, Trump, Northwestern University, Hughes, Federal Election Commission, Blumenthal, Rupert, Cooley, Raines, Cases in the Pipeline, Lieu, Zoie


Petitions of the week

This week we highlight petitions pending before the Supreme Court that ask the court to decide, among other things, whether a petitioner who has no available remedy in habeas, through no lack of diligence on his part, is barred by Heck v. Humphrey from pursuing a Section 1983 claim challenging the validity or duration of his incarceration and whether an arbitrator may compel class arbitration without finding actual consent, and instead based only on a finding that the agreement does not unambigu...
Tags: Supreme Court, Law, United States, Small, Humphrey, Olson, Jock, Cases in the Pipeline, Barnhart, Hardison, Hueso, Sterling Jewelers Inc, Heck, Amatuzio, Memphis Light Gas Water, Trans World Airlines Inc


Before the summer recess, one last set of grants

This afternoon the Supreme Court issued a final set of orders – often called the “clean-up” orders – before its summer recess. The justices sent several cases back to the lower courts for another look in light of the court’s recent decisions holding that, for purposes of the federal Major Crimes Act, much of eastern Oklahoma remains a Native American reservation and that the Trump administration did not violate the Affordable Care Act or the notice provisions of federal laws governing administra...
Tags: Facebook, Featured, Supreme Court, Law, Georgia, SEC, Oklahoma, Collins, Federal Trade Commission, Securities And Exchange Commission, Ftc, Trump, Freddie Mac, 9th Circuit, Treasury Department, Liu


Relist Watch: The final countdown

SCOTUSblog reviews the relists at October Term 2019’s final conference. Before the justices leave town for the summer (or in this age of lockdown, stay home but change out of their “work” sweatpants into their “casual” sweatpants), they have one last impromptu conference to consider — and usually dispose of — all of the cases remaining after their last scheduled conference. Yesterday, the little yellow square on the Supreme Court’s calendar over July 8 signifying an “opinion day” turned into a g...
Tags: Featured, Supreme Court, Law, Congress, Court, Treasury, Collins, Federal Trade Commission, Securities And Exchange Commission, Ftc, Agency, Freddie Mac, Liu, CFPB, U S Court of Appeals, Consumer Financial Protection Bureau


Petitions of the week

This week we highlight petitions pending before the Supreme Court that ask the court to decide, among other things, whether evidence of how other departments of corrections have obtained and successfully administered an alternative execution method is relevant to showing the method is feasible and available under Glossip v. Gross, whether the Sixth and 14th Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental health records held by a private party and wh...
Tags: Supreme Court, Law, Gross, Colorado, Idaho, Michigan, Jordan, Nevada, Summers, Perez, Walden, Georgia Department of Corrections, Glossip, Phipps, Cases in the Pipeline, Malwarebytes Inc


Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


Court will take up dispute over secret materials from Mueller report

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices added another high-profile case to their docket for the fall, involving a dispute over efforts by members of Congress to obtain secret materials from the investigation by Special Counsel Robert Mueller. Mueller submitted a report last year to Attorney General William Barr on possible Russian interference in the 2016 election, and Barr released a redacted version of that report in April 2019...
Tags: Featured, Supreme Court, Law, Congress, Washington, D C Circuit, Howe, House Judiciary Committee, Mueller, Barr, Cases in the Pipeline, William Barr, Robert Mueller Mueller, Court The post Court


Relists Return

John Elwood reviews Monday’s relists. After a couple of weeks with no new relists, the Supreme Court is back this week with a vengeance. The court has scheduled an impromptu conference for Wednesday, July 1. In most years, an impromptu conference scheduled for the last week of June would be the mop-up conference for the entire term in which all outstanding business for the term is resolved. But the court still has enough outstanding opinions in argued cases that things may continue for a while y...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Colorado, Kentucky, Germany, Virginia, Hungary, United States, Williams, Tennessee, Sharp, Atkins


No new grants today

This morning the Supreme Court issued orders from the justices’ private conference last week. The court did not grant any new cases for oral argument in the fall, but with another conference now scheduled for Wednesday, more grants could come as soon as Thursday morning. The justices invited the federal government to file briefs in two cases: PennEast Pipeline Co. v. New Jersey, about whether the Natural Gas Act authorizes private companies to exercise the federal government’s eminent domain p...
Tags: Featured, Supreme Court, Law, Washington, New Jersey, Department Of Justice, Doj, Sonia Sotomayor, D C Circuit, Howe, House Judiciary Committee, FMC Corp, Robert Mueller, Shoshone Bannock Tribes, Tanya Chutkan, Cases in the Pipeline


Relist Watch: And then there were none

John Elwood reviews the empty space where Monday’s relists would be. I don’t know for sure what the justices will be talking about at their conference this week. But I do know what they won’t be talking about: relisted cases. That’s because there aren’t any. This is the first time I can recall that happening since March 2012. The court denied cert on the sole returning relist, the state of Kansas’ petition in Kansas v. Boettger, 19-1051, asking whether the First Amendment prohibits a state fro...
Tags: Featured, Law, United States, Kansas, Vermont, Thomas, State, Benedict, Clarence Thomas, Elonis, Cases in the Pipeline, John Elwood, Boettger


Petitions of the week

This week we highlight petitions pending before the Supreme Court that ask the court to decide, among other things, whether an impeachment trial before a legislative body is a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure, whether and to what extent the manner in which the federal government can execute federal prisoners is governed by state execution protocols and whether statistical surveys may be used to establish commonality and predominance in a c...
Tags: Supreme Court, Law, Department Of Justice, House Committee, Tyson Foods Inc, U S Court of Appeals, Stone, 7th Circuit, Reese, Barr, Goldstein Russell, Roane, Tackett, Cases in the Pipeline, Bouaphakeo, CNH Industrial N V


No new grants on today’s order list

One week after finally denying review in a large batch of cases asking them to weigh in on issues relating to qualified immunity for police officers and the rights of gun owners, this morning the justices issued a relatively quiet list of orders from their private conference last week. The justices did not add any new cases to their merits docket for next term, nor did they ask for the federal government’s views in any cases. The justices denied review in Kansas v. Boettger, the only case that...
Tags: Facebook, Featured, Supreme Court, Law, Congress, Fbi, Pennsylvania, Kansas, Trump, Howe, Clarence Thomas, United States the Supreme Court, Anthony Elonis, Elonis, Cases in the Pipeline, American Institute for International Steel


Petitions of the week

This week we highlight petitions pending before the Supreme Court that ask the court to decide, among other things, whether a police officer can access “semiprivate” areas within a home’s curtilage to conduct an investigation without a warrant, whether the U.S. Court of Appeals for the 9th Circuit erred when it granted habeas relief based on a de novo finding that a Sixth Amendment violation had occurred, and whether the U.S. Court of Appeals for the 4th Circuit misapplied Supreme Court preceden...
Tags: New York, Supreme Court, Law, Vermont, Thomas, United Parcel Service Inc, 9th Circuit, Barnes, Brecht, U S Court of Appeals, Abrahamson, Tompkins, United Parcel Service, Retzlaff, Shinn, 4th Circuit


Relist Watch: And then there was one

John Elwood reviews Monday’s relist. Whatever the opposite of “status quo watch” is, that is what we have this week. In one remarkable day, the Supreme Court denied review to the 10 relisted firearm cases (over the dissenting opinion of Justice Clarence Thomas, joined by Justice Brett Kavanaugh and, somewhat surprisingly, no one else); the nine relisted qualified immunity cases (over the dissenting opinion of Thomas, who argued that “[b]ecause our [42 U.S.C.] §1983 qualified immunity doctrine ap...
Tags: Texas, Featured, Supreme Court, Law, California, United States, Archer, Kansas, Rogers, Thomas, Alito, Andrus, Clarence Thomas, Henry Schein Inc, Samuel Alito, Texas Court of Criminal Appeals


Court grants two new cases

The Supreme Court added two new merits cases to its docket for next term, even as the issues that it declined to take up dominated today’s orders from the justices’ private conference last week. The justices also asked the federal government for its views on a dispute between Texas and California over the latter’s ban on government-funded travel to states that it regards as having laws or policies that discriminate against gays, lesbians and transgender people. Last term, in Henry Schein Inc. ...
Tags: Texas, Featured, Supreme Court, Law, California, United States, Archer, Nashville, Thomas, Howe, Baxter, Clarence Thomas, Henry Schein Inc, Cases in the Pipeline, John Elwood, Albence


Court sends case of Texas death-row inmate back for new look (Corrected)

The justices revived the case of Terence Andrus, a Texas inmate who was sentenced to death for the 2008 shootings of two people during an attempted carjacking in a grocery-store parking lot. The lawyer who was appointed to defend Andrus didn’t meet with him for almost eight months, and then only met with him outside of court six times in roughly four years; the lawyer admits that he did not do any work until just before jury selection began. At the trial, the lawyer did not present any evidence ...
Tags: Texas, Featured, Supreme Court, Law, Washington, Court, Corrections, Howe, Alito, Strickland, Andrus, Samuel Alito, Texas Court of Criminal Appeals, Cases in the Pipeline, Justices Clarence Thomas, Neil Gorsuch Alito


Court sends case of Texas death-row inmate back for new look

The justices revived the case of Terence Andrus, a Texas inmate who was sentenced to death for the 2008 shootings of two people during an attempted carjacking in a grocery-store parking lot. The lawyer who was appointed to defend Andrus didn’t meet with him for almost eight months, and then only met with him outside of court six times in roughly four years; the lawyer admits that he did not do any work until just before jury selection began. At the trial, the lawyer did not present any evidence ...
Tags: Texas, Featured, Supreme Court, Law, Washington, Court, Howe, Alito, Strickland, Andrus, Samuel Alito, Texas Court of Criminal Appeals, Cases in the Pipeline, Justices Clarence Thomas, Neil Gorsuch Alito, Capital Cases


After long wait, court spurns gun-rights challenges

In late April the Supreme Court sent a challenge to the constitutionality of New York City’s ban on the transport of handguns outside the city back to the lower court without ruling on whether the ban was constitutional. By a vote of 6-3, the justices concluded that the case was moot – that is, no longer a live controversy – because the city had changed the rule last year. In a concurring opinion, Justice Brett Kavanaugh suggested that the lower courts “may not be properly applying” the Supreme ...
Tags: New York, Featured, Supreme Court, Law, New York City, Court, New Jersey, Rogers, Thomas, Howe, Clarence Thomas, Kavanaugh, Grewal, Cases in the Pipeline, Brett Kavanaugh, Thomas Rogers


Court turns down government’s “sanctuary state” petition

After considering a major case involving immigration — this time, an effort by the federal government to invalidate one of California’s so-called “sanctuary state” laws — at 12 consecutive conferences, the justices declined to add the case to their docket. Passed in 2017, S.B. 54 (known as the California Values Act) prohibits state and local law enforcement officials from cooperating with federal immigration officials – for example, by providing information about individuals in custody, or trans...
Tags: Featured, Supreme Court, Law, California, Howe, U S Court of Appeals, Clarence Thomas, Samuel Alito, Cases in the Pipeline


Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, whether the due process clause requires that a child receive an individualized hearing before being placed in criminal court to be tried as an adult, whether qualified immunity is an affirmative defense that state actors must assert or a shield that federal appellate courts may raise on their own initiative, and whether a district court’s discretion to vary from the U.S. Sentencing Commission’s se...
Tags: Supreme Court, Law, United States, Louisiana, Farmer, Pearson, Board, 9th Circuit, Callahan, Gamble, Hamner, Estelle, University of New Mexico, U S Court of Appeals, Brennan, Kimbrough