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Friday round-up

As Amy Howe reports for this blog, the court issued revisions to its rules yesterday that reduce the word limits for merits briefs and “require the parties to a case before the Supreme Court to identify any lower-court cases that are directly related to the Supreme Court proceedings.” At Bloomberg Law, Kimberly Robinson reports that practitioners welcomed the latter changes, which are “intended to reduce ‘missed’ conflicts, where the justices recognize late in proceedings that there are grounds ...
Tags: Supreme Court, Law, Bloomberg, Smith, Patterson, Round-up, McDonough, Heritage Foundation, Jessica Mason Pieklo, Amy Howe, Bucklew, Goldstein Russell, Walgreen Co, The George Washington Law Review, Elizabeth Slattery, Neil Gorsuch


Monday round-up

This morning the Supreme Court will kick off its April session, the last of the term, with oral arguments in two cases. First up is Iancu v. Brunetti, in which the court will consider a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. Megan Carpenter previewed the case for this blog. Lauren Kloss and Nayanthika Ramakrishnan have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. At Blo...
Tags: New York, Supreme Court, Law, Alabama, Bloomberg, Commerce, New York Times, Round-up, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr, Department of Commerce, Brunetti, Amy Howe


Monday round-up

For , Jess Bravin reports that last week’s order temporarily halting the execution of a Buddhist prisoner, Patrick Murphy, pending review of Murphy’s challenge to Texas’ refusal to allow a Buddhist priest to join him in the execution chamber “contrasted sharply with the court’s 5-4 vote last month rejecting a similar plea from a Muslim inmate in Alabama.” At The Economist’s Democracy in America blog, Steven Mazie calls the order “something of a surprise” “[g]iven the justices’ recent decision” ...
Tags: New York, Texas, Supreme Court, Law, Congress, Washington Post, Alabama, America, Bloomberg, New York Times, Ada, Ruth Bader Ginsburg, Chevron, Economist, Trump, Round-up


Friday round-up

Last night the Supreme Court halted the execution of a Buddhist prisoner, Patrick Murphy, pending review of Murphy’s challenge to Texas’ refusal to allow a Buddhist priest to join him in the execution chamber. Amy Howe has this blog’s coverage. At Bloomberg, Greg Stohr reports that “[[t]he order marked an abrupt shift for the court, which last month voted 5-4 to let Alabama execute a Muslim man without his imam.” Robert Barnes reports for The Washington Post that “[t]he court’s conservatives wer...
Tags: Texas, Mississippi, Supreme Court, Law, Congress, Washington Post, Alabama, America, Bloomberg, Alaska, Louisiana, Flowers, Ada, Chevron, Economist, Trump


Thursday round-up

Amy Howe analyzes yesterday’s oral argument in Kisor v. Wilkie, in which the justices considered whether to overrule precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations, for this blog, in a post that first appeared at Howe on the Court; she reports that the justices were “deeply divided in a case in which their ruling could have implications not only for veterans but also for other areas of the law ranging from the environment to immigra...
Tags: Supreme Court, Law, Bloomberg, Cnn, Alaska, New York Times, SEC, Louisiana, Smith, Frost, Sturgeon, Securities And Exchange Commission, National Park Service, Round-up, Reuters, John Roberts


Thursday round-up

Mark Walsh has a first-hand look at yesterday’s argument in Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution, for this blog. At NPR, Nina Totenberg reports that the court “signaled strongly … that it is likely to rule for a death row inmate in Mississippi who was prosecuted six times for the same crime by a prosecutor with a history of racial bias in jury selection.” At The National...
Tags: Mississippi, Supreme Court, Law, America, Bloomberg, Indiana, Kansas, Npr, Nielsen, Flowers, Wall Street Journal, Los Angeles Times, Economist, Round-up, Frank, Garcia


Friday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday Justices Samuel Alito and Elena Kagan testified about the Supreme Court’s budget at a congressional hearing, “field[ing] questions about cameras in the courtroom, law clerk diversity, partisan attacks on the judiciary, and the #MeToo movement.” Jess Bravin reports for that, according to Kagan, “Chief Justice John Roberts is weighing whether to create a code of conduct for members of the Supreme C...
Tags: Supreme Court, Law, Washington Post, Court, Indiana, Round-up, John Roberts, Jeffrey Toobin, Cato Institute, Robert Barnes, Howe, Jess Bravin, Alito, Elena Kagan, Kagan, Heritage Foundation


Friday round-up

At Take Care, Nelson Tebbe and Micah Schwartzman worry that “some liberal justices might refuse to call out th[e] egregious violation of Establishment Clause principles in The American Legion v. American Humanist Association, a challenge to a World War I memorial shaped like a cross on public property, “[i]n an effort to gain concessions or to limit the possible damage that this case might do to decades of Establishment Clause precedent.” Additional commentary comes from Andrew Seidel at Rewire....
Tags: Justice, Supreme Court, Law, Congress, Oregon, Politico, Court, Alabama, Los Angeles, Bloomberg, United States, Idaho, Ford, Liberty, Ruth Bader Ginsburg, Madison


Thursday round-up

Amy Howe covers yesterday’s oral argument in The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property, for this blog, in a post that first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the court “seemed ready … to allow a 40-foot cross honoring soldiers who died in World War I to remain in place on public land in Maryland.” For , Jess Bravin reports that the “justice...
Tags: Usa, Maryland, Supreme Court, Law, Washington Post, Washington, India, Alabama, America, Bloomberg, Cnn, Atlantic, United States, Idaho, New York Times, Houston


Friday round-up

At The Economist’s Democracy in America blog, Steven Mazie covers the court’s decision Tuesday in Timbs v. Indiana, in which the justices ruled unanimously “that the constitution protects people accused of crimes from having outlandish sums seized by city or state authorities.” Subscript Law offers a graphic explainer for the decision. At Bloomberg Law, Jordan Rubin and Kimberly Robinson report that in separate concurrences, Justices Clarence Thomas and Neil Gorsuch supported “incorporating the ...
Tags: Supreme Court, Law, Indiana, New York Times, Cosby, Ruth Bader Ginsburg, Wall Street Journal, Round-up, Thomas, Maui Hawaii, Sullivan, McKee, Steven Mazie, Clarence Thomas, Heritage Foundation, Mark Walsh


Wednesday round-up

This morning, in Mission Product Holdings Inc. v. Tempnology LLC, the justices will consider whether a trademark licensee retains any rights under a licensing agreement when the licensor goes bankrupt. Ronald Mann previewed the case for this blog. Cecelia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. Yesterday the court released additional orders from Friday’s conference, adding an important Clean Water Act case to their docket for next term and in...
Tags: Texas, Mississippi, Maryland, Supreme Court, Law, Kentucky, Court, Cnn, Atlantic, New York Times, Epa, Flowers, Ruth Bader Ginsburg, American Legion, Trump, Round-up


Monday round-up

Amy Howe covers last week’s Supreme Court news, including action “in cases asking the justices to intervene in cases involving the death penalty and abortion,” in a podcast at Howe on the Court. At First Mondays (podcast), Howe joins the hosts to expand on those topics. At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privil...
Tags: Supreme Court, Law, Alabama, America, Bloomberg, Federal Communications Commission, Louisiana, Economist, ABA Journal, Round-up, John Roberts, Fourth Circuit, Robert Barnes, Roberts, Howe, Adam Liptak


Monday round-up

Commentary and coverage focus on the Supreme Court’s decision last week to review New York State Rifle & Pistol Association Inc. v. City of New York, in which the justices will consider whether New York City’s ban on transporting a licensed, locked and unloaded handgun outside city limits violates the Constitution. In an op-ed for Los Angeles Times, James Phillips and John Yoo argue that “[t]o ensure the equal treatment of constitutional rights, the court should establish a test fully rooted in ...
Tags: Supreme Court, Law, New York City, Donald Trump, Round-up, Blair, Kenneth Jost, Alito, Rodriguez, American Enterprise Institute, Heritage Foundation, Mark Walsh, Kavanaugh, Teva Pharmaceuticals USA Inc, David Dayen, National Law Journal


Thursday round-up

At The Daily Signal, Elizabeth Slattery and Amy Swearer remark Tuesday’s cert grant in New York State Rifle & Pistol Association Inc. v. City of New York, New York, a challenge to New York City’s limits on transporting personal firearms, “gives the Supreme Court an opportunity to shed some much-needed clarity on its Second Amendment jurisprudence and ensure that the right is not treated like a second-class right.” At The Atlantic, Garrett Epps writes that “[a]lmost of necessity, the result is li...
Tags: Supreme Court, Law, New York City, Court, America, Trump, Round-up, Jennings, Michael Dorf, Rodriguez, Deferred Action for Childhood Arrivals, Steven Mazie, Department of Commerce, David French, Eugene Volokh, Teva Pharmaceuticals


Friday round-up

Yesterday, the challengers in Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over discovery in a challenge to the government’s decision to add a question about citizenship to the 2020 census, asked the justices to dismiss the case, arguing that a district court decision earlier this week that barred the government from adding the question has rendered the Supreme Court case moot. Amy Howe has this blog’s coverage, which first appeared at Howe on th...
Tags: Supreme Court, Law, East Coast, Round-up, Reuters, U S Supreme Court, Lawrence Hurley, Howe, Adam Feldman, Department of Commerce, Andrew Chung, Heritage Foundation, Amy Howe, Ross Guberman, National Law Journal, Tony Mauro


Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters


Friday round-up

Briefly: Joan Biskupic reports at CNN that “Justice Ruth Bader Ginsburg’s cancer surgery and ongoing recuperation have cast an atmosphere of uncertainty over the Supreme Court at a critical time for its future and as the legal fate of several controversial White House policies hang in the balance.” At the Goldwater Institute’s In Defense of Liberty blog, Jacob Huebert urges the justices to hear a challenge to an Illinois campaign-finance law and to “and make clear that governments cannot use co...
Tags: Supreme Court, Law, White House, Cnn, Illinois, Ruth Bader Ginsburg, Round-up, Adam Feldman, Heritage Foundation, Kavanaugh, Brunetti, Goldwater Institute, Joan Biskupic, Iancu, RBG, Elizabeth Slattery


Friday round-up

Briefly:  In an op-ed for The New York Times, Linda Greenhouse considers what the justices’ recent refusal to hear “appeals by two states that had tried to terminate Planned Parenthood’s status as a Medicaid provider” “impli[es] for the future of the Roberts court.” At the U.S. Chamber Litigation Center, Daryl Joseffer and Ashley Parrish write that Frank v. Gaos, in which the court has been asked to make it harder for companies to settle class-action lawsuits without providing direct compensati...
Tags: Supreme Court, Law, Round-up, Frank, Roberts, U S Fish and Wildlife Service, Weyerhaeuser Company, Daryl Joseffer, New York Times Linda Greenhouse, GAOS, Elizabeth Slattery, Keith Bradley, Ashley Parrish, U S Chamber Litigation Center


Friday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that the federal government yesterday asked the Supreme Court to allow it to enforce the Trump administration’s ban on service in the military by transgender people while its appeals of adverse decisions in three cases play out in the lower courts. At CNN, Ariane de Vogue and Devan Cole report that “[t]he administration already has a pending request for the Supreme Court to bypass the lower courts and take up a c...
Tags: Supreme Court, Law, Court, America, Bloomberg, Department Of Justice, Wall Street Journal, Economist, Trump, Round-up, Thomas, John Roberts, Josh Blackman, Howe, Steven Mazie, Clarence Thomas


Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that the Trump administration yesterday asked the Supreme Court to put a hold on a lower-court ruling that bars enforcement of a new policy prohibiting immigrants who enter the country illegally across the U.S.-Mexico border from requesting asylum. Additional coverage comes from Robert Barnes for The Washington Post, Andrew Chung at Reuters, Bob Egelko at the San Francisco Chronicle, Michael Burke at The Hill, Gr...
Tags: Supreme Court, Law, Washington Post, Mexico, Court, San Francisco, Fox News, Donald Trump, Medicaid, Justice Department, Robbins, Trump, Round-up, Reuters, U S Supreme Court, Robert Barnes


Friday round-up

Amy Howe analyzes yesterday’s argument in Gamble v. United States, which asks whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause that allows a defendant to be prosecuted for the same crime in both federal and state court, for this blog, in a post that was first published at Howe on the Court. At Fox News, Bill Mears reports that “[t]he justices raised tough questions Thursday about being tried twice for the same crime in different jurisdic...
Tags: Supreme Court, Law, Washington, Court, Atlantic, United States, New York Times, Fox News, Usa Today, Donald Trump, Ruth Bader Ginsburg, Wall Street Journal, Kennedy, Trump, Round-up, Hatch


Monday round-up

The second week of the Supreme Court’s December session begins with two oral arguments. First up is Dawson v. Steager, which asks whether federal law or the doctrine of intergovernmental tax immunity prevents West Virginia from differential taxation of retirement benefits of certain former state and federal employees. Daniel Hemel had this blog’s preview. Lauren Devendorf and Luis Lozada preview the case for Cornell Law School’s Legal Information Institute. Subscript Law has a graphic explainer....
Tags: Apple, Florida, Supreme Court, Law, West Virginia, Bloomberg, Indiana, United States, Cornell, Securities And Exchange Commission, Round-up, Justin Pidot, John Roberts, Gamble, Florida Supreme Court, Howe


Friday round-up

For The Economist, Steven Mazie reports after Wednesday’s oral argument in Timbs v. Indiana, in which the justices considered whether the Eighth Amendment’s prohibition on excessive fines applies to the states, that “[t]he unusual left-right coalition of organisations urging the Supreme Court to side with Mr Timbs—Christian conservatives, libertarians, anti-poverty activists, the Chamber of Commerce—seems to have the support of an ideologically diverse array of justices.” At Reason’s Volokh Cons...
Tags: Usa, Texas, Supreme Court, Law, Indiana, Pennsylvania, Federal Communications Commission, Donald Trump, Chamber of Commerce, DOE, Economist, American Legion, Round-up, U S Supreme Court, John Roberts, Steven Mazie


Friday round-up

For The Baltimore Sun, Michael Dresser reports that “Maryland Attorney General Brian Frosh announced Thursday that he is appealing a federal ruling that threw out the state’s congressional map for the 6th District after determining that Democratic officials unconstitutionally drew the boundary to diminish Republican influence.” Jess Bravin reports for that “[m]ost gerrymandering lawsuits have invoked the 14th Amendment’s equal-protection guarantee, contending that lawmakers violated their duty...
Tags: Maryland, Supreme Court, Law, Washington Post, Virginia, Warren, Louisiana, Round-up, Elizabeth, Fourth Circuit, House of Delegates, Jess Bravin, Kenneth Jost, Jost, Michael Murphy, Graham Moomaw


Friday round-up

Yesterday the Supreme Court solicited public comment on several proposed revisions to its rules, including changes intended to make it easier for the justices to identify cases in which they may need to recuse themselves. Amy Howe covers the proposed changes for this blog, in a post that first appeared at Howe on the Court. Ronald Mann analyzes Wednesday’s argument in Frank v. Gaos, in which the court has been asked to make it harder for companies to settle class-action lawsuits without providin...
Tags: Supreme Court, Law, America, Economist, Trump, Round-up, Frank, Elizabeth, Sonia Sotomayor, Howe, Sotomayor, Elena Kagan, Steven Mazie, Heritage Foundation, Mark Walsh, Amy Howe


Wednesday round-up

This morning the justices wind up the first week of the November sitting with two oral arguments. In the first case, Frank v. Gaos, the court has been asked to make it harder for companies to settle class-action lawsuits without providing direct compensation to class members, through a process known as “cy pres.” Ronald Mann previewed the case for this blog. Clotilde LeRoy and Jarrett Field have a preview for Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explai...
Tags: Supreme Court, Law, Stanford, Court, United States, Npr, Cornell, ABA Journal, Round-up, Frank, International Finance Corporation, San Francisco Chronicle, Howe, Nina Totenberg, Jam, Bob Egelko


Wednesday round-up

Yesterday, retired Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court, released a letter announcing that she has been diagnosed with dementia and is withdrawing from public life. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. Additional coverage comes from Jessica Gresko at the Associated Press, Nina Totenberg at NPR, Lawrence Hurley at Reuters, Ariane de Vogue and Veronica Stracqualursi at CNN, Richard Wolf for USA Today, Robert Barnes for ...
Tags: Usa, Supreme Court, Law, Washington Post, Bloomberg, Cnn, United States, New York Times, Associated Press, Npr, Nielsen, The Washington Post, Wall Street Journal, Trump, Round-up, Robert Barnes


Friday round-up

Yesterday the federal government asked the justices to halt discovery and an upcoming trial in a lawsuit filed by a group of teenagers who allege that the government’s environmental policies are contributing to climate change. Amy Howe covers the filing for this blog, in a post that first appeared at Howe on the Court. Additional coverage comes from Lawrence Hurley at Reuters, Greg Stohr at Bloomberg, Ariane de Vogue at CNN, and Lyle Denniston at his eponymous blog, who reports that “[t]he feder...
Tags: Supreme Court, Law, Cnn, Catholic, Wall Street Journal, Trump, Round-up, Reuters, Sonia Sotomayor, Lyle Denniston, Lawrence Hurley, Howe, Jess Bravin, Greg Stohr, Heritage Foundation, Kavanaugh


Friday round-up

For The Washington Post, Seung Min Kim and John Wagner report that “Supreme Court nominee Brett M. Kavanaugh moved closer to confirmation as the Senate prepared for a key vote [today], with Republicans arguing that an FBI report on sexual misconduct allegations exonerated the judge.” Nicholas Fandos and Sheryl Gay Stolberg report for The New York Times that “[w]ith four senators still undecided — the Democrat Joe Manchin III of West Virginia and the Republicans Jeff Flake of Arizona, Susan Colli...
Tags: Supreme Court, Law, California, Senate, West Virginia, Bloomberg, Fbi, United States, Maine, Alaska, New York Times, Arizona, William Shakespeare, Wall Street Journal, Susan Collins, Jeff Flake


Tuesday round-up

Today the eight-justice court will tackle two more cases. The first is Gundy v. United States, in which the justices will consider whether a provision of the federal sex-offender act violates the nondelegation doctrine. Mila Sohoni previewed the case for this blog. Kathryn Adamson and Sarah Evans provide a preview at Cornell Law School’s Legal Information Institute, while Matthew Cavedon and Jonathan Skrmetti look at the case for the Federalist Society Review. Today’s second case is Madison v. A...
Tags: Supreme Court, Law, California, Senate, Court, Alabama, America, Bloomberg, Atlantic, United States, Silicon Valley, Fox News, Louisiana, Wall Street Journal, Madison, Los Angeles Times