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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


Friday round-up

The Senate Judiciary Committee heard testimony yesterday from Supreme Court nominee Judge Brett Kavanaugh and Dr. Christine Blasey Ford, who has accused Kavanaugh of sexually assaulting her when they were teenagers. Our live blog of the hearing is here; Jon Levitan rounded up early coverage and commentary for this blog. For the Associated Press, Lisa Mascaro and Alan Fram report that “Senate Republicans are plowing forward with a committee vote Friday on … Kavanaugh’s nomination … after an extra...
Tags: Florida, Supreme Court, Law, California, Senate, Gop, Liberty, Associated Press, Department Of Homeland Security, Ruth Bader Ginsburg, Round-up, Senate Judiciary Committee, Cato, Cato Institute, Georgetown, Sunshine State


Friday round-up

At The Washington Post, Seung Min Kim and others report that “[a]n attorney for Christine Blasey Ford, the woman who has accused Supreme Court nominee Brett M. Kavanaugh of sexually assaulting her when they were teenagers, said Thursday that her appearing at a hearing on Monday to detail her claims is ‘not possible’ but that she could testify later in the week.” Sheryl Gay Stolberg reports for The New York Times that Ford “appeared to leave the door open to testifying even if the F.B.I. does not...
Tags: Minnesota, Supreme Court, Law, Washington Post, Senate, Court, Cnn, Ford, New York Times, Npr, Oklahoma, Wall Street Journal, Jones, Round-up, Thomas, Anita Hill


Thursday round-up

For The Washington Post, Seung Min Kim and others report that “Senate Republicans strongly signaled on Wednesday that they will forge ahead with embattled Supreme Court nominee Brett M. Kavanaugh’s confirmation as his accuser called the rush for a public hearing next week unfair.” For The New York Times, Peter Baker and Nicholas Fandos report that the resistance of Christine Blasey Ford, who has accused Kavanaugh of sexual assault when they were teenagers, “to appearing before the Senate Judicia...
Tags: Usa, Supreme Court, Law, Senate, Fbi, New York Times, Usa Today, Kevin Johnson, Wall Street Journal, Round-up, Andrew Mccarthy, Senate Judiciary Committee, Richard Wolf, Heritage Foundation, Kavanaugh, Peter Baker


Wednesday round-up

For The Wall Street Journal, Kristina Peterson and others report that “[a]ttorneys for [Christine Blasey Ford,] the woman who accused Brett Kavanaugh of sexual assault[,] said she wants a full investigation of the allegations before she testifies on Capitol Hill, throwing into doubt a planned Monday hearing that would have pitted her word against that of the Supreme Court nominee.” For The Washington Post, Seung Min Kim and others report that “Democrats, like Ford, argued that the scheduled Mond...
Tags: Supreme Court, Law, Washington Post, Alabama, Fbi, Atlantic, United States, Ford, New York Times, SEC, Capitol Hill, Wall Street Journal, Madison, Securities And Exchange Commission, Round-up, Robert Barnes


Event announcement

On Tuesday, September 18, at 12:00 p.m., the Heritage Foundation will host a preview of the October 2018 term. Speakers include Paul Clement and Joseph Palmore; Elizabeth Slattery will serve as moderator. More information about this event, which will be held at the Heritage Foundation’s Allison Auditorium, is available on the foundation website. The post Event announcement appeared first on SCOTUSblog.
Tags: Law, Paul Clement, Heritage Foundation, Elizabeth Slattery, Allison Auditorium, Event Announcements, Joseph Palmore


Evening round-up: Final day of Judge Kavanaugh’s confirmation hearing

The Senate Judiciary Committee has concluded its hearing on the nomination of Judge Brett Kavanaugh to the Supreme Court. Today consisted of witness testimony; there were four panels and 28 total witnesses. Coverage of the day’s events comes from Jessica Gresko of the Associated Press, who reports that “with [Kavanaugh’s] questioning over, he seemed on his way to becoming the court’s 114th justice.” For The Washington Post, Seung Min Kim focuses on the testimony of John Dean, former White House ...
Tags: Law, Washington Post, Senate, White House, Bloomberg, Fox News, Associated Press, The Washington Post, Wall Street Journal, Round-up, Reuters, Nixon, Senate Judiciary Committee, Watergate, Ian Millhiser, Amanda Becker


Wednesday round-up

With Judge Brett Kavanaugh’s confirmation hearing set for next week before the Senate Judiciary Committee, more information about the hearing emerges, including that former Secretary of State Condoleezza Rice, Sen. Rob Portman, a Republican of Ohio, and Lisa Blatt, a Supreme Court litigator, will introduce the nominee. Melissa Quinn of Washington Examiner has coverage. Both support for and and criticism of Kavanaugh also continue to mount. Paul Bedard of Washington Examiner reports that “Kavanau...
Tags: Supreme Court, Law, America, Catholic Church, Ohio, North Carolina, Smith, Daily Caller, Huffington Post, Economist, ABA Journal, Round-up, Igor Bobic, State, Senate Judiciary Committee, Lyle Denniston


Friday round-up

For Fox News, Dana Blanton reports on a recent poll by the network indicating that “[v]oters are increasingly divided over the nomination of Brett Kavanaugh to the Supreme Court since President Trump announced him as his choice to replace retiring Justice Anthony Kennedy.” At Politico, Burgess Everett reports that “[v]oters in three conservative states where Senate Democrats are up for reelection want their senators to support … Kavanaugh,” according to a new GOP poll. For the Los Angeles Times,...
Tags: Supreme Court, Law, Colorado, Senate, White House, America, Gop, New York Times, Bill Clinton, SEC, Fox News, Associated Press, Economist, Securities And Exchange Commission, Clinton, Trump


Thursday round-up

For USA Today, Richard Wolf reports that “[f]or three eventful years of George W. Bush’s presidency – involving wars in Iraq and Afghanistan, Hurricane Katrina, battles over abortion and immigration, and two Supreme Court vacancies – Brett Kavanaugh held one of the most important jobs in the White House,” but “as the Senate considers Kavanaugh’s qualifications for the Supreme Court, his work as staff secretary – described by others who have held the job as the president’s inbox and outbox – rema...
Tags: Supreme Court, Law, Colorado, Washington Post, Senate, White House, Iraq, Cnn, Afghanistan, Commission, Epa, Npr, Usa Today, Donald Trump, National Archives, George W Bush


Non-Sequiturs: 07.29.18

* Amy Howe has highlights from Judge Brett Kavanaugh's completed questionnaire for the Senate Judiciary Committee -- including the five different law firms where he worked as a summer associate. [SCOTUSblog] * Despite Judge Kavanaugh's impeccable qualifications, the battle to confirm him to the Supreme Court will be hard-fought -- and Adam Feldman explains why. [Empirical SCOTUS] * In other nominations news, Veronica "Ronnye" Stidvent, a prominent Latina lawyer, comes to the defense of Ryan Bo...
Tags: Supreme Court, Law, Scotus, Hawaii, First Amendment, Young, Second Amendment, Senate Judiciary Committee, Adam Feldman, Ninth Circuit, Heritage Foundation, Kavanaugh, Amy Howe, Latina, Chris Walker, Stephen Reinhardt


“The left slings mud at Kavanaugh but will it stick? Three things fair-minded senators need to consider.”

“The left slings mud at Kavanaugh but will it stick? Three things fair-minded senators need to consider.” Hans von Spakovsky and Elizabeth Slattery have this essay online at Fox News.
Tags: Law, Uncategorized, Kavanaugh, Hans Von Spakovsky, Elizabeth Slattery


Wednesday round-up

Judge Brett Kavanaugh’s nomination continues to dominate court-watchers’ attention. At Politico, Lorraine Woellert reports that “[m]ore Americans oppose the confirmation of Judge Brett Kavanaugh to the Supreme Court than that of any other nominee in recent history, according to a poll from the nonpartisan Pew Research Center.” Kevin Daley reports for The Daily Caller that “[a] left-leaning advocacy group, which plans to spend millions opposing … Kavanaugh’s nomination …, has obscured its funding...
Tags: Supreme Court, Law, Congress, Senate, Politico, Russia, Nbc News, Sacramento, Npr, Ruth Bader Ginsburg, Pew Research Center, Kennedy, Round-up, John Roberts, Nina Totenberg, Andrew Cohen


Non-Sequiturs: 07.15.18

* What's it like to take the California bar exam as a 46-year-old law professor? Orin Kerr enlightens us. [Reason / Volokh Conspiracy] * Charles Glasser points out the dangers involved in holding a speaker responsible for actions taken by listeners. [Daily Caller] * In the Term that just ended, the Supreme Court tackled technology issues in a big way -- and the implications are far-reaching, as J.P. Schnapper-Casteras explains. [Take Care] * Elizabeth Slattery and I joined Laurence Colletti, ...
Tags: New York Post, Politics, Supreme Court, Law, Scotus, California, Police, Artificial Intelligence, Free Speech, Thomson Reuters, Adam Feldman, Anthony M Kennedy, Westlaw, Instapundit, Anthony Kennedy, Kavanaugh


Thursday round-up

The nomination of Judge Brett Kavanaugh to the Supreme Court remains front and center in the news. For The Washington Post, Amy Brittain reports that financial disclosures and information provided by the White House indicate that “Kavanaugh incurred tens of thousands of dollars of credit card debt buying baseball tickets over the past decade and at times reported liabilities that could have exceeded the value of his cash accounts and investment assets.” For The New York Times, Katie Benner repor...
Tags: Supreme Court, Law, Congress, California, Washington Post, White House, America, Bloomberg, Cnn, United States, Liberty, New York Times, Associated Press, Donald Trump, Environmental Protection Agency, The Washington Post


Thursday round-up

Court-watchers did not take a holiday yesterday from the Supreme Court nomination drama. For the Associated Press, Catherine Lucey and others report that President Donald Trump has now spoken with seven candidates for Justice Anthony Kennedy’s soon-to-be-vacant seat and that “Vice President Mike Pence has met with some of the contenders” as well. For The Wall Street Journal, Peter Nicholas and Louise Radnofsky report that “[f]ollowing a brisk round of interviews Monday and Tuesday, the three fro...
Tags: Maryland, Sixth Circuit, Supreme Court, Law, Scotus, Colorado, California, Washington Post, Senate, White House, Russia, Indiana, Cnn, Gop, United States, South Dakota