Posts filtered by tags: Elena Kagan[x]


 

Argument analysis: Justices seem divided about government right to challenge patents in administrative process

The justices have a light calendar this week, with only two arguments. If the first argument of the week (Return Mail Inc. v. U.S. Postal Service) is any guide, they’ve spent their extra time focusing carefully on the relatively thin session. At first glance, Return Mail is a simple statutory case, involving another in a long line of drafting flaws in the AIA (Congress’ 2011 patent-reform bill, the Leahy-Smith America Invents Act). But the argument presented a highly engaged bench, with all of t...
Tags: Featured, Law, Congress, Post Office, Postal Service, AIA, Stewart, John Roberts, Cato Institute, Ginsburg, U S Postal Service, Alito, PTO, Sotomayor, Stephen Breyer, Breyer


A “view” from the courtroom: Back to the bench for Justice Ginsburg

The court is returning to the bench this morning after its usual four-week winter recess. The recess, marked by noteworthy “shadow docket” actions on the death penalty, abortion rights and other matters, may have offered more news than the relatively sleepy February sitting. Today, though, the press section is filling up, and it is not because there is a groundswell of interest in today’s lone case for argument – a thorny patent dispute between a private business and the U.S. Postal Service over...
Tags: New York, Hollywood, Featured, Law, Congress, Abc, California, Washington, Alabama, Los Angeles, Syria, Cnn, Commerce, Oscar, Npr, Ross


Justices take up Clean Water Act case, rebuke Texas court in death penalty case

Last Friday the justices added the dispute over the decision to add a question about citizenship to the 2020 census to their merits docket. Today they issued more orders from last week’s conference, granting review in another case and throwing out – for the second time – the death sentence of a Texas inmate who argues that he cannot be executed because he is intellectually disabled. The Clean Water Act bars the discharge of any pollutant into “navigable waters” without a permit. In its lone gran...
Tags: Texas, Featured, Supreme Court, Law, Indiana, Hawaii, New York Times, Bill Cosby, Cosby, Lgbtq, CWA, Ruth Bader Ginsburg, Aaron Schock, Sonia Sotomayor, John Roberts, Schock


Not taking the time to look carefully.

From Intelligencer, a subdivision of New York Magazine. Here's my screen shot. Click to enlarge and clarify. The picture caption reads "Justice Kagan, top right, wrote the dissent."In case it's not obvious to you, Justice Kagan is not even in that picture.The executed man, Domineque Ray, asked to have his imam present. The Eleventh Circuit court granted a stay of execution. The Supreme Court majority took into account that Ray's application for a stay was "last minute." (I'm reading now.) Just...
Tags: Supreme Court, Law, Court, Islam, Death Penalty, Ray, State, Elena Kagan, Kagan, Eleventh Circuit, This Court, Establishment Clause, Ann Althouse, Courts of Appeals, Here Ray, New York Magazine Here


Divided court allows Alabama execution to go forward

A divided Supreme Court cleared the way for Alabama to execute a Muslim inmate after denying his request to have an imam at his side in the execution chamber, even though the prison would allow a Christian chaplain to be present in the chamber. By a vote of 5-4, imposed yesterday by the U.S. Court of Appeals for the 11th Circuit. The Atlanta-based court had put the execution of Domineque Ray, who was convicted of raping and murdering 15-year-old Tiffany Harville in 1995, on hold, reasoning tha...
Tags: Featured, Supreme Court, Law, Alabama, Atlanta, Ray, Sonia Sotomayor, Howe, Elena Kagan, Kagan, 11th Circuit, What's Happening Now, U S Court of Appeals for the 11th Circuit, Justices Ruth Bader Ginsburg Stephen Breyer, Domineque Ray, Tiffany Harville


Symposium: How to win the partisan gerrymandering cases

Daniel Tokaji is Associate Dean for Faculty and Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law at The Ohio State University Michael E. Moritz College of Law. No one said this would be easy. For decades, critics of partisan gerrymandering have been knocking on the U.S. Supreme Court’s door, seeking a ruling that extreme gerrymanders violate the U.S. Constitution. Even as the problem has worsened, the court has refused to open that door – though it hasn’t locked...
Tags: Featured, Maryland, Supreme Court, Law, Indiana, Pennsylvania, Williams, Wisconsin, Courts, Ohio, North Carolina, Kennedy, Anderson, Rhodes, Sonia Sotomayor, U S Supreme Court


Morning Docket: 02.06.19

* Only four Supreme Court justices attended President Donald Trump’s State of the Union address last night. Chief Justice John Roberts was accompanied in the front row by Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh — who still likes beer, but was unable to participate in any #SOTU drinking games. [USA Today] * Biglaw partnership classes are getting smaller and smaller, which is making it that much harder for women and minorities to advance at their firms. In fact, it’s becoming a s...
Tags: Florida, Supreme Court, Law, Cbs News, Usa Today, Women's Issues, Donald Trump, Ruth Bader Ginsburg, Sexual Harassment, Law Schools, Biglaw, Reuters, John Roberts, Elena Kagan, Jacksonville Business Journal, Jerry Sandusky


Four Justices, But Not Ginsburg, Planning to Attend Trump Speech

Chief Justice John Roberts and Justice Elena Kagan are planning to join Trump’s two appointees, Justices Neil Gorsuch and Brett Kavanaugh, according to Supreme Court spokeswoman Kathy Arberg. Justice Ruth Bader Ginsburg won’t be attending.
Tags: News, Supreme Court, Ruth Bader Ginsburg, Trump, John Roberts, Elena Kagan, Kathy Arberg, Brett Kavanaugh, Neil Gorsuch, Ginsburg Planning to Attend Trump Speech


Symposium: Why not continue the political struggle in partisan-gerrymandering cases?

Derek Muller is an associate professor of law at the Pepperdine University School of Law. “In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people’s representatives.” So wrote Justice Felix Frankfurter in his dissenting opinion in Baker v. Carr in 1962. It was, of course, a dissent. A majority of the Supreme Court in short order reorganized state legislatures according to its own understanding of fair representation — that...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, California, Massachusetts, Indiana, Arizona, Davis, Wisconsin, North Carolina, Baker, Carr, Democratic


Justices to tackle partisan gerrymandering … again: In Plain English

Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. But in March, the Supreme Court will hear oral argument on whether state officials can go too far, so that they actually violate the Constitution, when they draw maps that favor one political party at another’s expense. And with the r...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts, Fayetteville


Empirical SCOTUS: Looking back to assess the potential future of oral arguments

Over the past several years the Supreme Court has undergone substantial change. Not only has the face of the court shifted, but so has its center, with the departure of Justice Anthony Kennedy. Oral arguments offer the only vantage point into the interactions and dynamics between the justices and provide some context for how they might vote, along with possible voting coalitions. Through this lens we can get a sense of how these changes affected existing and newly appointed justices. This situat...
Tags: Supreme Court, Law, United States, Wyoming, Ruth Bader Ginsburg, Kennedy, Antonin Scalia, Ward, John Roberts, Roberts, Gamble, Ginsburg, Alito, Lambert, Sotomayor, Stephen Breyer


SCOTUS To Hear Challenge to New York Gun Travel Ban

By John Crump SCOTUS To Hear Challenge to New York Gun Travel Ban Washington, D.C. –-(Ammoland.com)- It has been almost ten years since the Supreme Court of The United States has taken up a gun law related case. In that case, Dick Hiller defeated the Washington DC gun ban. The court ruled that the Second Amendment protected an individual's right to possess a firearm. Since then the court has refused to take up any further gun cases until now. SCOTUS will review a New York City ban on transf...
Tags: Facebook, New York, Maryland, Guns, Supreme Court, Washington, New York City, United States, Washington Dc, Lawsuits, John, Ruth Bader Ginsburg, Nra, Sonia Sotomayor, John Roberts, National Rifle Association


Justices to review New York gun rights case

In 2008, the Supreme Court ruled that the Second Amendment protects an individual’s right to have a handgun at home for self-defense. Two years later, the justices made clear that this right also applies against state and local governments. Since then the Supreme Court has repeatedly declined to say anything more about how far states and cities can go in restricting gun rights, but today it granted a plea to weigh in, this time in a case from New York City. The request for review came from the N...
Tags: New York, Featured, Supreme Court, Law, Obama, California, Washington, New York City, Defense, United States, Donald Trump, Ash Carter, Kennedy, Trump, Carter, 9th Circuit


Supreme Court Allows Trump's Ban On Transgender Troops To Go Into Effect

In a 5-4 decision Tuesday, the U.S. Supreme Court allowed the Trump administration to implement its policy banning transgender people from serving in the military while the legal battle over the restrictions continues in lower courts.The move is a provisional victory for the administration, its first since President Donald Trump surprised everyone in the summer of 2017 by tweeting his intention to ban transgender troops from serving. The policy, which was refined by then Secretary of Defense Ji...
Tags: Fashion, Music, Supreme Court, Obama, Defense, Lgbtq, Donald Trump, Kamala Harris, Trump, U S Supreme Court, Elena Kagan, Shannon Minter, National Center for Lesbian Rights, Ruth Bader Ginsburg Stephen Breyer Sonia Sotomayor, Jim Mattis, Supreme Court Allows Trump


"The Supreme Court on Tuesday revived the Trump administration’s policy of barring most transgender people from serving in the military."

"In a brief, unsigned order, the justices temporarily allowed the ban to go into effect while the case moves forward. The vote was 5 to 4. Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan dissented. The policy, announced on Twitter by President Trump and refined by the defense secretary at the time, Jim Mattis, generally prohibits people identifying with a gender different from their biological sex from military service. It makes exceptions for several hundred tra...
Tags: Supreme Court, Law, Defense, Transgender, Trump, Elena Kagan, Ann Althouse, Jim Mattis, Trump And The Military


Supreme Court lets military transgender ban go into effect

In a 5-4 decision, the U.S. Supreme Court today allowed the enforcement of President Trump's ban on transgender people from the military. The Trump administration was earlier blocked from implementing the policy by lower courts; today's ruling lifts those injunctions while the legal battle continues. The split was partisan: John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh pemitted the restrictions to go into effect, with Ruth Bader Ginsburg, Stephen Breyer, Sonia Sot...
Tags: Post, News, Supreme Court, Law, Rights, Transphobia, Trump, U S Supreme Court, Elena Kagan, Ruth Bader Ginsburg Stephen Breyer Sonia Sotomayor, Brett Kavanaugh


Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg


Reargument analysis: Justices seek a “middle position” in takings litigation case

During yesterday’s argument in Knick v. Township of Scott – the second time the court has heard the case this term – the justices seemed to be looking for a compromise position. The court granted review in the case to decide whether to overrule a 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, which requires local-government takings plaintiffs to follow the state’s compensation procedures before alleging a taking in federal court. Williamson County is controversi...
Tags: Featured, Law, Congress, San Francisco, Pennsylvania, United States, Francisco, Sachs, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Argument analysis: Justices have strong views about removal of class actions

Yesterday morning’s argument in Home Depot U.S.A. v. Jackson was a notable one, as Justice Elena Kagan brought a strong view of the case to the bench and proceeded to dominate the argument. The case involves the removal of litigation from state court to federal court. Under Section 1441 (and predecessor provisions dating back to the 18th century), “the defendant or the defendants” generally has a right to remove “any civil action brought in a State court of which the [federal] district courts ha...
Tags: Home Depot, Featured, Law, Congress, Citibank, Jackson, Sonia Sotomayor, John Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito, Goldstein Russell


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals, Sotomayor, Stephen Breyer


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected)

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Corrections, United, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals


Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito


Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond

Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. At the granular level, the case, Azar v. Allina Health Services, concerns whether the Department of Health and Human Services was permitted to change, without notice and comment, an important reimbursement formula for hospitals that treat many low-income patients. That question alone determines the fate of $3 to $4 billion. But the stakes are higher because the case requires...
Tags: Featured, Supreme Court, Law, Congress, Medicare, Ruth Bader Ginsburg, National Labor Relations Board, Shah, Thomas, Sonia Sotomayor, APA, HHS, D C Circuit, Department of Health and Human Services, Sotomayor, Bowen


Argument analysis: When is the government not really the government for immunity from tort liability?

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity. The petitioner, Gary Thacker, argues that an entirely different analysis applies to the TVA, which Congress has made broadly subject to suit without expressly preserving policy immunity. Ann O’Connell Adams, assistant to the U.S. solicitor general (Art Li...
Tags: Featured, Supreme Court, Law, Congress, United States, Adams, Sonia Sotomayor, TVA, John Roberts, Roberts, Alito, Rouse, Tennessee River, Sotomayor, Stephen Breyer, Breyer


Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases

The week’s second argument, Rimini Street v. Oracle USA, has the justices considering the scope of fees available to a prevailing party in litigation under the federal Copyright Act. Sitting for the second week without Justice Ruth Bader Ginsburg, the bench was remarkably quiescent. To the extent the justices evinced any strong interest in the case, they seemed skeptical about allowing broad fee awards. The case calls for a reading of Section 505 of the Copyright Act, which defines the recove...
Tags: Featured, Law, Congress, Court, Ruth Bader Ginsburg, Paul Clement, Sonia Sotomayor, John Roberts, Perry, Roberts, Sotomayor, Elena Kagan, Kagan, RIMINI, Clement, Mark Perry


Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt

Federal courts aficionados have been looking forward to the oral argument in Franchise Tax Board of California v. Hyatt, and the event did not disappoint. The question was whether to overrule the decades-old precedent Nevada v. Hall, which held that states lack sovereign immunity in one another’s courts. The argument largely broke down according to familiar ideological lines, but the discussion still had verve and creativity, in part thanks to the performances of veteran advocates Seth Waxman an...
Tags: Featured, Supreme Court, Law, California, Nevada, Ruth Bader Ginsburg, Hall, Hyatt, Sachs, Sonia Sotomayor, John Roberts, Waxman, Alito, William Rehnquist, Sotomayor, Stephen Breyer


Argument analysis: Searching for the least unnatural reading

The second argument on Monday was in Obduskey v. McCarthy Holthus LLP, a case about whether law firms that handle nonjudicial foreclosures are “debt collectors” within the meaning of the Fair Debt Collection Practices Act. If the argument clarified anything, it’s that the FDCPA is a messy statute. This case arises from a crowded corner of consumer law involving significant state and federal regulations that do not always play well together. Colorado foreclosure law requires a firm initiating a n...
Tags: Featured, Law, Congress, Colorado, United States, Ruth Bader Ginsburg, Bond, Mccarthy, Wells Fargo, Fdcpa, Sonia Sotomayor, John Roberts, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Argument analysis: Justices wade deep into the copyright weeds

Tuesday’s argument in Fourth Estate v. Wall-Street.com featured competing interpretations of the phrase “registration of the copyright claim has been made” in 17 U.S.C.§ 411(a), which requires copyright registration as a prerequisite for filing an infringement suit. Because much of the argument focused on niceties of textual interpretation, I’ll quote the language of the relevant subsection: [N]o civil action for infringement of the copyright in any United States work shall be instituted until p...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Copyright Office, Sonia Sotomayor, John Roberts, Ellis, U S Court of Appeals, Elena Kagan, Kagan, Kavanaugh, 11th Circuit, Fourth Estate


Argument analysis: Gleaning the FDA’s meaning for impossibility pre-emption

Much of the federal government may be in shutdown mode, but the Supreme Court is still open for business. The Supreme Court opened its January session Monday morning with argument in Merck Sharp & Dohme Corp. v. Albrecht, a case about the workings of the Food & Drug Administration (still partially open) and when the agency’s actions may insulate drug manufacturers from state tort suits through “impossibility pre-emption.” An important and often-used litigation defense for manufacturers, impossib...
Tags: Featured, Supreme Court, Law, Merck, United States, Fda, Sonia Sotomayor, Stewart, John Roberts, Albrecht, Roberts, Ginsburg, Levine, Sotomayor, Stephen Breyer, Breyer


Academic highlight: Epps and Sitaraman on how to save the Supreme Court

The Supreme Court faces a crisis of legitimacy. The process of selecting new justices has become both contentious and overtly partisan, as illustrated by the Republican-controlled Senate’s refusal to hold hearings or a vote for President Barack Obama’s Supreme Court nominee, followed by the fractious hearings and party-line vote to replace “swing” Justice Anthony Kennedy with Brett Kavanaugh. Now that Kennedy has retired, all nine justices are expected to cast votes in line with the preferences ...
Tags: Featured, Supreme Court, Law, Obama, Congress, Senate, Court, Barack Obama, Republican Party, Kennedy, EPPS, U S Supreme Court, Franklin Roosevelt, Elena Kagan, Anthony Kennedy, Academic Round-up