Posts filtered by tags: Goldstein Russell[x]


 

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


Wednesday round-up

The justices will hear argument in one case this morning: 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. Amy Howe previewed the case for this blog, in a post that was first published at Howe on the Court. Cecilia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. At AP, Jeff Amy and Mark Sherman report that “[t]he state, defending the co...
Tags: New York, Mississippi, Supreme Court, Law, Congress, Oregon, Court, America, Georgia, Bloomberg, Ap, Atlantic, United States, Hawaii, Liberty, New York Times


Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case

The Supreme Court engaged in a relatively lively argument today over a thorny issue of statutory interpretation under the False Claims Act: how two separate statute-of-limitations provisions apply to whistleblower, or “qui tam,” actions when the federal government has not intervened in a suit brought by a private party, or relator. “These types of actions are exceptional in many ways,” Chief Justice John Roberts observed about the qui tam suits brought under the 1863 statute that was meant to ba...
Tags: Featured, Supreme Court, Law, Congress, Iraq, Afghanistan, United States, Fca, Graham, Hunt, Sonia Sotomayor, John Roberts, Roberts, Alito, U S Court of Appeals, Samuel Alito


Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment

This morning’s 6-3 opinion in Air and Liquid Systems Corp. v. DeVries affirms the decision of the lower court holding that the manufacturers of asbestos-dependent equipment used on Navy ships can be held liable to sailors who became ill because of their contact with the asbestos. Because the case involves liability for conduct at sea, the dispute arises under the “maritime law,” a type of federal common law for which the U.S. Supreme Court is the final authority. In the same way that the New Yor...
Tags: Featured, Supreme Court, Law, Navy, U S Supreme Court, U S Navy, Samuel Alito, Kavanaugh, New York Court of Appeals, Goldstein Russell, Merits Cases, Devries, Brett Kavanaugh, Neil Gorsuch, Air and Liquid Systems Corp, Justices Clarence Thomas


Tuesday round-up

Today the justices will hear oral argument in Cochise Consultancy v. United States, ex rel. Hunt, which asks whether the “discovery” exception to False Claims Act statute of limitations applies to private parties in cases in which the government has not intervened. David Engstrom had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case at Cornell Law School’s Legal Information Institute. Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose...
Tags: Mississippi, Supreme Court, Law, Washington Post, Washington, Court, Bloomberg, Atlantic, Gop, United States, New York Times, Kansas, Beltway, Louisiana, Usa Today, Flowers


SCOTUS spotlight: Life at OSG

In this week’s episode of SCOTUStalk, Sarah Harrington, a partner at Goldstein & Russell who formerly served as an assistant to the solicitor general, joins Amy Howe of Howe on the Court to talk about life in the Office of the Solicitor General. The post SCOTUS spotlight: Life at OSG appeared first on SCOTUSblog.
Tags: Featured, Law, Howe, Amy Howe, Goldstein Russell, OSG, Sarah Harrington, SCOTUStalk


Friday round-up

Briefly: At (subscription or registration required), Tony Mauro reports that “[a] gathering to celebrate U.S. Supreme Court Justice Ruth Bader Ginsburg’s 86th birthday Friday afternoon won’t be an ordinary event”: “500 of her enthusiastic followers have decided to follow her lead of physical fitness by dropping to the ground and planking in front of the Supreme Court.” At Law.com, David Ogden weighs in on Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory cha...
Tags: Mississippi, Supreme Court, Law, Kentucky, Flowers, Ruth Bader Ginsburg, American Legion, Round-up, U S Supreme Court, Linda Greenhouse, Goldstein Russell, American Humanist Association, Tony Mauro, DAVID OGDEN, Batson


Wednesday round-up

At The George Washington Law Review’s On the Docket blog, Ralph Steinhardt discusses Jam v. International Finance Corporation, in which the court held that international organizations have the same immunity from lawsuits that foreign countries currently have and can therefore be sued in U.S. courts for their commercial activities, suggesting that the case “may be understood as a continuation of the effort to hold intergovernmental organizations accountable for violations of international law, wi...
Tags: New York, Supreme Court, Law, New York City, America, New York Times, American Legion, Round-up, Lyle Denniston, International Finance Corporation, Jam, Adam Feldman, Department of Commerce, Brunetti, Bladensburg, Goldstein Russell


Reminder: SCOTUSblog is hiring

The blog and  Goldstein & Russell, P.C. , are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner; Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours; Assisting with case coverage; C...
Tags: Featured, Supreme Court, Law, U S Supreme Court, Tom Goldstein, Goldstein Russell, Bethesda Maryland, Everything Else, Goldstein Russell P C


Thursday round-up

Briefly: For The New York Times, Adam Liptak reports that “a group of hip-hop stars, including Chance the Rapper, Meek Mill, Killer Mike, Yo Gotti, Fat Joe and 21 Savage,” filed a brief yesterday “urg[ing] the Supreme Court to hear their fellow rapper’s First Amendment challenge to his conviction” “for threatening police officers — in a song.” At SCOTUS OA, Tonja Jacobi and Matthew Sag predict a 6-3 win for the proponents of the Peace Cross in The American Legion v. American Humanist Associatio...
Tags: Supreme Court, Law, Indiana, Atlantic, Liberty, New York Times, Davis, Chevron, Round-up, Thomas, International Finance Corporation, Adam Liptak, Jam, Loos, Stephen Breyer, Breyer


Wednesday round-up

At The Daily Caller, Kevin Daley reports that “Christian baker Jack Phillips and the Colorado Civil Rights Commission … have resolved a legal dispute that set Phillips’ religious beliefs against the state’s public accommodations law”; the settlement “provides that the Commission will close an ongoing anti-discrimination probe of Phillips’s Masterpiece Cakeshop,” the subject of a high-profile Supreme Court case last term, “if Phillips withdraws a federal lawsuit alleging state officials were subj...
Tags: Supreme Court, Law, Court, America, United States, New Jersey, Commission, North Carolina, Chevron, Economist, American Legion, Round-up, Copyright Office, Mark Joseph Stern, Phillips, International Finance Corporation


FPC, FPF Announce Expedited Appeal in Bumpstock Ban Cases

FPC, FPF Announce Expedited Appeal in Bumpstock Ban Cases WASHINGTON, D.C. —-(Ammoland.com)- Today, attorneys for Firearms Policy Coalition and Firearms Policy Foundation filed opening briefs in their consolidated appeals with the Court of Appeals for the D.C. Circuit in the ongoing federal litigation challenging the confiscatory “bump-stock” ban rulemaking by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Copies of the briefs and related filings are available at BumpStockCase...
Tags: Guns, Supreme Court, Washington, Senate, Court, United States, Gun Control, Department Of Justice, Trump, Harvard Law School, Tom, Whitaker, Court of Appeals, D C Circuit, ATF, Jeff Sessions


Monday round-up

Steven Mazie reports at The Economist that the oral argument last week 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, “added credence to the widespread hunch that the Supreme Court will save the Peace Cross[:] The question is how bold the justices will be.” At his eponymous blog, Ed Mannino notes that several justices expressed disapproval of “the highly-criticized three-part test set fo...
Tags: Supreme Court, Law, Congress, America, West Virginia, Cnn, Npr, Lemon, American Legion, Round-up, John Roberts, The Supreme Court, Roberts, International Finance Corporation, Nina Totenberg, Jam


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


Argument analysis: Peace cross appears safe, if not stable

For nearly a century, a 40-foot-tall stone and concrete cross has stood on a traffic median in the Washington, D.C., suburbs, just a few miles from the Supreme Court. But seven years ago, a group of local residents filed a lawsuit seeking to have the cross removed. They argue that the presence of the cross on public land violates the Constitution, which bars the government from establishing an official religion and favoring one religion over another. The state of Maryland, which owns and maintai...
Tags: New York, Featured, Maryland, Supreme Court, Greece, Law, Washington, David, United States, Wall, Lemon, Gettysburg, Miller, American Legion, George Washington, Sonia Sotomayor


Wednesday round-up

Today the justices close out the February session with an argument in the most notable case of the term so far, The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property. Amy Howe had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case for Cornell Law School’s Legal Information Institute. Subscript Law has a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys...
Tags: Supreme Court, Law, Washington Post, America, Cnn, United States, Fox News, Npr, Economist, ABA Journal, American Legion, Round-up, Mark Joseph Stern, Howe, Nina Totenberg, Lambert


Tuesday round-up

This morning the justices will hear oral argument in two criminal cases, both involving federal supervised release. First up is United States v. Haymond, a constitutional challenge to a statutory provision that requires judges to impose additional prison time on sex offenders who violate the terms of their supervised release. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Matt Farnum and Trevor O’Bryan preview the case for Cornell Law School’s Legal Information Inst...
Tags: Supreme Court, Law, California, Washington Post, Ap, United States, New York Times, Fox News, Jackson, Ruth Bader Ginsburg, Wall Street Journal, Cornell, Hyatt, American Legion, Round-up, National Review


Monday round-up

This morning the Supreme Court kicks off the second week of the February sitting with an oral argument in Manhattan Community Access Corp. v. Halleck, which asks whether a private operator of a public-access TV channel is a “state actor” who can be sued for violations of the First Amendment. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Lauren Kloss and Nayanthika Ramakrishnan preview the case for Cornell Law School’s Legal Information Institute. At Fox News, Cal...
Tags: Minnesota, Supreme Court, Law, Washington Post, Court, Ford, New York Times, Cosby, American Legion, Round-up, Reuters, Thomas, Lawrence Hurley, Howe, Kenneth Jost, Jost


Reminder: SCOTUSblog is hiring

The blog and  Goldstein & Russell, P.C. , are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner; Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours; Assisting with case coverage; C...
Tags: Everything Else


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


Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land

Editor’s Note: An earlier version of this post ran on December 10, 2018,, as an introduction to this blog’s symposium on The American Legion v. American Humanist Association, as well as at Howe on the Court, where it was originally published. Over the years, the Supreme Court has sometimes struggled to explain when and why religious symbols are permitted in the public sphere and when they are not. Next Wednesday, the justices will hear oral argument in a dispute over the constitutionality of a...
Tags: Florida, Texas, Featured, Supreme Court, Law, Washington, Court, Atlanta, Christian, Lemon, American Legion, Antonin Scalia, John Roberts, Arlington National Cemetery, Perry, Howe


Thursday round-up

Yesterday the court issued two opinions from the December argument session. In Timbs v. Indiana, the court ruled unanimously that the Eighth Amendment’s ban on excessive fines applies to states and localities under the due process clause of the 14th Amendment. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. At Bloomberg, Greg Stohr reports that “[t]he ruling limits what critics say is an increasingly common and abusive government practice of using fines and ...
Tags: Supreme Court, Law, Court, America, West Virginia, Indiana, New York Times, Usa Today, Los Angeles Times, Round-up, Thomas, Lyle Denniston, Howe, Jess Bravin, Richard Wolf, Greg Stohr


SCOTUSblog is hiring

The blog and  Goldstein & Russell, P.C. , are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner; Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours; Assisting with case coverage; C...
Tags: Supreme Court, Law, U S Supreme Court, Tom Goldstein, Goldstein Russell, Bethesda Maryland, Everything Else, Goldstein Russell P C


Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy

The second and last argument of the week came in the Supreme Court’s most important bankruptcy case of the year, Mission Product Holdings Inc. v. Tempnology, LLC. The case presents a problem that has confused lower courts for more than 30 years: What happens when a debtor exercises its statutory right to reject a contract in bankruptcy? It is plain from the language of the statute that the debtor’s rejection should be treated as a “breach” of the contract, and that the counterparty can sue the b...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, U S Court of Appeals, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, 7th Circuit, Samuel Alito, Sunbeam, 4th Circuit


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


Tuesday round-up

This morning the justices will return from a four-week break to hear oral argument in Return Mail Inc. v. United States Postal Service, in which they will consider whether the federal government can challenge patents under the America Invents Act. Ronald Mann previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. First Mondays (podcast) previews both of this wee...
Tags: New York, Supreme Court, Law, America, Georgia, Atlantic, Ford, New York Times, Npr, Louisiana, Donald Trump, Ruth Bader Ginsburg, Economist, Trump, Round-up, United States Postal Service


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the availability of tribal sovereign immunity in inter partes review, a probate-estate beneficiary’s ability to establish a direct injury for a RICO claim in certain circumstances, and the state subsidies pre-empted by the Federal Power Act. The petitions of the week are: D’Addario v. D’Addario 18-890 Issues: (1) Whether the beneficiary of a probate estate can establish the direct injury...
Tags: Supreme Court, Law, Star, Rhodes, Federal Energy Regulatory Commission, Patent Trial and Appeal Board, Goldstein Russell, D'Addario, Cases in the Pipeline, Mylan Pharmaceuticals Inc, Electric Power Supply Association, Saint Regis Mohawk Tribe


Thursday round-up

In an op-ed for The New York Times, Linda Greenhouse writes that Chief Justice John Roberts’ vote last week in June Medical Services v. Gee to temporarily block a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals was not surprising, because “circumstances compelled the chief justice to stand up to a stunning act of judicial defiance” by the U.S. Court of Appeals for the 5th Circuit. At Take Care, Brianne Gorod and Rebecca Damante argue that “wha...
Tags: Supreme Court, Law, Court, Alabama, Ap, Fox News, Louisiana, Ruth Bader Ginsburg, Ray, Round-up, Mark Sherman, U S Supreme Court, John Roberts, George Barna, Roberts, U S Court of Appeals


Argument preview: Justices to examine rejection of contracts in bankruptcy

The second of the two cases set for oral argument next week is a bankruptcy matter, Mission Product Holdings Inc. v. Tempnology, LLC. Although the case presents a variety of twists and complications, the central question is so simple that it is surprising it has not been settled for decades: When a debtor rejects a contract in bankruptcy, does that simply mean that the debtor can stop performing (and become liable for breaching the contract) or does it also mean that the contract is rescinded ...
Tags: Featured, Law, Congress, United States, The Supreme Court, U S Court of Appeals, 4th Circuit, Goldstein Russell, Lubrizol, Merits Cases, Mission Product Holdings Inc, Tempnology LLC, Mission Product Holdings, Tempnology, Mission Product, Lubrizol Enterprises