Posts filtered by tags: Elena `` Kagan[x]


 

Justices voice skepticism about retroactive sentencing reductions for low-level crack-cocaine offenders

On Tuesday, the Supreme Court heard its last case of the term. The case, Terry v. United States, about sentencing reductions for certain offenses involving crack cocaine, comes just a few months before the petitioner, Tarahrick Terry, is scheduled to be released after serving 13 years in prison. But the court’s eventual decision will likely affect hundreds of similarly situated defendants languishing behind bars. It will resolve a circuit split, determine the scope of a decades-long push to ena...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Terry, Bias, Dorsey, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, U S Court of Appeals, Sotomayor


Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


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


Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by pr...
Tags: Featured, Supreme Court, Law, John Roberts, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Niz Chavez


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


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


Meandering argument sheds little light on mandatory awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. Hotels.com considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. It turns out, at least as far as the argument suggests, that nothing about that question is simple or obvious. The case involves two subsections of Rule 39 of the Federal Rules of Appellate Procedure. The first question is which party should pay costs. All agree that s...
Tags: Supreme Court, Law, Circuit, San Antonio, Thomas, John Roberts, Barrett, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Gorsuch, Merits Cases


Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

The justices explored possible ways to limit the doctrine of patent assignor estoppel during oral argument in Minerva Surgical Inc. v. Hologic Inc. on Wednesday. The doctrine works like this. An inventor files a patent application on an invention and assigns the patent rights to an assignee — perhaps in exchange for money from the assignee, or perhaps as part of a contract with the inventor’s employer. After a patent issues, the assignee contends that the inventor has infringed the patent. In t...
Tags: Featured, Supreme Court, Law, Wolf, John Roberts, Minerva, Stephen Breyer, Elena Kagan, Clarence Thomas, Hologic Inc, Ratner, Hologic, Hochman, Merits Cases, Neil Gorsuch, Robert Hochman


Court upholds life-without-parole sentence for Mississippi man convicted as juvenile

This article was updated on Thursday, April 22, at 7:40 p.m. The Supreme Court on Thursday declined to impose new restrictions on the ability of states to sentence juveniles to life without parole, rejecting a challenge from a Mississippi man, Brett Jones, who was convicted of the 2004 stabbing death of his grandfather, a crime committed when Jones was 15. Jones had argued that two recent Supreme Court decisions on mandatory life-without-parole decisions for juveniles – the court’s 2012 decisio...
Tags: Featured, Mississippi, Supreme Court, Law, Alabama, Louisiana, Jones, Montgomery, Miller, Thomas, Sonia Sotomayor, The Supreme Court, Howe, Sotomayor, Stephen Breyer, Elena Kagan


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


SCOTUS once again defends constitutional rights in California

In another divided decision, the United States Supreme Court has come down against California’s pandemic restrictions on the constitutionally protected free exercise of religion. For the fifth time, the justices held that the state’s rules illegally treat religious activities less favorably than secular ones. The decision released Friday in Tandon v. Newsom involved the restrictions on in-home gatherings for such purposes as Bible study or prayer. A majority of the court said the state could not...
Tags: Supreme Court, California, Opinion, Los Angeles, Sport, Soccer, Editorials, Joe, Gavin Newsom, Ninth Circuit, Stephen Breyer, Elena Kagan, United States Supreme Court, Tandon, Newsom, Sonia Sotomayor Kagan


Tandon steals Fulton’s thunder: The most important free exercise decision since 1990

On Feb. 24, 2020, the Supreme Court granted certiorari in Fulton v. City of Philadelphia, a case in which the petitioners and several amici are asking the Court to either (1) overrule Employment Division v. Smith, a 1990 decision holding that the free exercise clause does not provide a right to religious exemptions from general laws, or (2) sharply limit the impact of Smith by interpreting it as guaranteeing a “most favored nation” status for religious exemption claims. Under the latter theory,...
Tags: Featured, Supreme Court, Law, Congress, California, Philadelphia, Smith, Flores, State, Sonia Sotomayor, John Roberts, Fulton, Hialeah, Stephen Breyer, Elena Kagan, Kagan


California Lifts Attendance Limits On Houses Of Worship In Wake Of High Court Ruling

LOS ANGELES (CBS13/AP) — California on Monday lifted its limits on indoor worship services in the face of U.S. Supreme Court rulings that struck down the coronavirus public health mandates. However, the state Department of Public Health guidelines still said indoor gatherings were “strongly discouraged” and advised limiting the numbers to 25% of a building’s capacity for the two highest levels of the state’s four-tier COVID-19 restrictions. The recommended capacity for the two lower levels — tho...
Tags: New York, News, Supreme Court, California, Local, Los Angeles, Ruth Bader Ginsburg, US supreme court, Gavin Newsom, San Francisco Bay Area, State, U S Supreme Court, John Roberts, Santa Clara County, Elena Kagan, Kagan


Divided court blocks California’s COVID-related restrictions on in-home religious gatherings

A divided Supreme Court on Friday night granted a request by a California pastor to put COVID-related restrictions on in-home Bible study and prayer meetings on hold. The ruling, issued just before midnight, was the most recent in a series of challenges, dating back almost to the start of the pandemic, to restrictions on in-person gatherings. Chief Justice John Roberts indicated that he would have denied the request; Justice Elena Kagan filed a dissenting opinion, which was joined by Justices S...
Tags: Featured, Supreme Court, Law, California, State, Sonia Sotomayor, John Roberts, 9th Circuit, Howe, U S Court of Appeals, Stephen Breyer, Elena Kagan, Kagan, Jeremy Wong, Emergency appeals and applications


Amy Coney Barrett "may be giving Justice Elena Kagan a run for her money in the department of well-designed hypothetical questions" — according to Linda Greenhouse...

... writing in (NYT). The California law, enacted in 1975 as the product of Cesar Chavez’s drive to organize the state’s farmworkers, authorizes the union to approach workers in the field before and after the working day for up to three hours on 120 days of a year. “So let me ask you this,” Justice Amy Coney Barrett said to [the lawyer arguing that any authorization of entry onto private property is a taking]. “What if California had a regulation that permitted union organizers to go onto the ...
Tags: Law, Labor, California, Linda Greenhouse, Cesar Chavez, Barrett, Elena Kagan, Pacific Legal Foundation, Ann Althouse, Amy Coney Barrett


Hardcore GOP Position For Defanging VRA Falls Apart Under SCOTUS Questioning

It appears likely that voter advocates will suffer at least some loss in their abilities to bring Voting Rights Act cases with the Arizona lawsuit heard by the Supreme Court Tuesday. But the oral arguments produced another seeming loser. Michael Carvin, the high-profile Republican lawyer who was representing the state GOP in the hearing. Carvin backtracked on the sweeping arguments in the GOP's briefs, prompting skepticism from the court’s left and right wing alike. “I want to make sure th...
Tags: News, Supreme Court, Court, Gop, Arizona, Vra, Trump, Tierney Sneed, State, Elena Kagan, Kagan, Kavanaugh, 9th Circuit U S Court of Appeals, Carvin, Brett Kavanaugh, Jessica Ring Amunson


GOP lawyer tells Supreme Court curtailing Sunday voting lawful

A Republican lawyer suggested to Supreme Court Justice Elena Kagan on Tuesday that a Georgia state bill prohibiting early voting on...
Tags: Supreme Court, Georgia, Gop, Elena Kagan


Litigation over clergy halts Alabama execution (and divides Justices in notable ways)

Though the federal government carried out the first three execution of 2021 last month, the first state execution in the US was scheduled to take place last night in Alabama.  But, as this local article explains, today "Willie B. Smith III remains alive on death row in Alabama, after the U.S. Supreme Court upheld a ruling that required Smith’s spiritual advisor to be in the execution chamber with Smith when he was given the lethal injection."  Here is more: The ruling came down around 11:08 p.m...
Tags: Texas, Supreme Court, Law, US, Alabama, Npr, Christian, Birmingham, Smith, Sonia Sotomayor, Buddhist, U S Supreme Court, John Roberts, Alabama Department of Corrections, Alito, Barrett


Newsom says state will revise indoor worship guides after Supreme Court ruling

A Pasadena-based church has won a partial injunction against California’s prohibition against indoor worship services to help limit the spread of coronavirus under a U.S. Supreme Court ruling issued late Friday night, Feb. 5. Restrictions on crowd size, singing and chanting can remain in place, however, according to the nation’s highest court. Gov. Gavin Newsom’s office said Saturday that those state measures were imposed to protect worshippers from getting infected, but that the state will issu...
Tags: Health, News, Supreme Court, Education, California, Government, Religion, Sport, Soccer, Community, Pasadena, Gavin Newsom, Southern California, U S Supreme Court, John Roberts, Los Angeles County


"A splintered Supreme Court on late Friday night partly lifted restrictions on religious services in California that had been prompted by the coronavirus pandemic...."

"With the pandemic raging, in-person worship services were entirely barred in Tier 1, which covers almost all of the state. In a brief, unsigned opinion, the court blocked that total ban but left in place a 25 percent capacity restriction and a prohibition on singing and chanting. Justices Clarence Thomas and Neil M. Gorsuch said they would have blocked all of the restrictions. Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan dissented, saying they would have left all of the restrict...
Tags: Hollywood, Supreme Court, Law, California, Nevada, State, Elena Kagan, Kagan, Clarence Thomas, Neil M Gorsuch, Samuel A Alito Jr, John G Roberts Jr, Gorsuch, Religion And Government, Ann Althouse, Brett M Kavanaugh


Wintry mix at the Supreme Court

Robert Barnes, the 15-year veteran Supreme Court reporter for The Washington Post, joins Amy Howe to take stock of the court’s term so far and look at what’s ahead. The two recap the January argument session — including Justice Elena Kagan’s now-famous Taylor Swift reference... The post Wintry mix at the Supreme Court appeared first on SCOTUSblog.
Tags: Featured, Taylor Swift, Supreme Court, Law, Washington Post, Robert Barnes, Elena Kagan, Amy Howe, SCOTUStalk


Marriage Equality and the Sex Discrimination Argument for LGBTQ+ Rights: The Legacy of Ruth Bader Ginsburg

For the Balkinization symposium on William N. Eskridge, Jr., and Christopher Riano, Marriage Equality: From Outlaws to In-Laws (Yale University Press, 2020). William N. Eskridge Jr. & Christopher R. Riano   We are honored by the attention paid to our book, Marriage Equality: From Outlaws to In-Laws (Yale Press 2020). Jack Balkin has assembled a diverse array of learned and brilliant commentators who have approached the book from different angles:  they situate the tome in the context of ev...
Tags: Kitchen, Utah, New York, Texas, Supreme Court, Obama, Colorado, California, Washington, Virginia, Lgbt, Court, City, Barack Obama, Harvard, Canada


Argument analysis: Justices divided in procedural battle between Baltimore, oil companies in climate fight

Kannon Shanmugam argues for BP and other fossil fuel companies (Art Lien) In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. That principle may ultimately prove dispositive in BP v. Mayor and City Council of Baltimore, in which the justices heard oral argument on Tuesday regarding a procedural aspect of a major climate-change...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Exxon Mobil, United States, Bp, Baltimore, Chevron, Lucas, Harvard Law School, Sonia Sotomayor, John Roberts, Roberts, Howe


Argument analysis: Justices sympathetic to FCC in media ownership dispute

The Supreme Court heard oral argument on Tuesday morning in a dispute arising from the Federal Communications Commission’s attempts to deregulate local media ownership. After nearly an hour and a half of debate, the justices seemed inclined to uphold the FCC’s efforts – even if not on the ground that big broadcasters would prefer. FCC v. Prometheus Radio Project and National Association of Broadcasters v. Prometheus Radio Project, which the court consolidated for oral argument, center on the FCC...
Tags: Featured, Fcc, Supreme Court, Law, Congress, Federal Communications Commission, Sonia Sotomayor, Stewart, John Roberts, Roberts, Walker, Howe, Deutsch, Barrett, U S Court of Appeals, Sotomayor


Who will be the next solicitor general?

President-elect Joe Biden has not yet announced a nominee for solicitor general, the top lawyer who represents the government before the Supreme Court. SCOTUStalk host Amy Howe and SCOTUSblog’s media editor, Katie Barlow, discuss potential picks. The next solicitor general could be a Washington insider, or it could be someone unexpected — like Elena Kagan, who had never argued a case before the Supreme Court when President Barack Obama chose her as solicitor general in 2009. The two also discuss...
Tags: Featured, Supreme Court, Law, Washington, Barack Obama, Joe Biden, Elena Kagan, Amy Howe, Katie Barlow, SCOTUStalk


Over sharp dissents, court intervenes to allow federal government to execute 13th person in six months

The Supreme Court on Friday allowed the federal government to execute Dustin Higgs, reversing lower-court orders that had put the execution on hold and drawing strongly worded dissents from two justices. Higgs’ execution was the third federal execution this week, and it concludes a push by the Trump administration to carry out death sentences before the inauguration of President-elect Joe Biden, who opposes capital punishment. In a brief, unsigned ruling issued around 11 p.m., the justices rever...
Tags: Featured, Maryland, Supreme Court, Law, Court, Joe Biden, Indiana, Department Of Justice, Johnson, Trump, Higgs, U S Court of Appeals, Sotomayor, Breyer, Elena Kagan, 4th Circuit


Federal government executes Dustin Higgs, the 13th person to be killed since July. Justice Sonia Sotomayor writes scathing dissent: 'This is not justice.'

Supreme Court Chief Justice John Roberts, Supreme Court Associate Justice Anthony Kennedy, Supreme Court Associate Justice Stephen Breyer, Supreme Court Associate Justice Sonia Sotomayor and Supreme Court Associate Justice Elena Kagan look on as U.S. President Donald Trump addresses a joint session of the U.S. Congress on February 28, 2017 in the House chamber of the U.S. Capitol in Washington, DC. Trump's first address to Congress focused on national security, tax and regulatory reform, t...
Tags: Politics, Supreme Court, Congress, Washington, Court, US, Trends, House, Death Penalty, Department Of Justice, Johnson, Biden, Donald Trump, Justice Department, Death Penalty Information Center, Black


Court allows execution of Corey Johnson to proceed after COVID-19 diagnosis

The justices on Thursday night denied two last-minute appeals by Corey Johnson, who sought to postpone his execution so that he could recover from COVID-19, which he contracted in prison after spending most of his life on death row. Johnson also argued that he was ineligible for the death penalty on the basis of intellectual disability and that he should have been allowed to seek a sentencing reduction under a 2018 prison-reform law. In rejecting his appeals, the court cleared the final obstacle...
Tags: Featured, Maryland, Supreme Court, Law, Virginia, Indiana, Department Of Justice, Johnson, Donald Trump, Richmond, Trump, Higgs, D C Circuit, Sotomayor, Breyer, Elena Kagan