Posts filtered by tags: Gorsuch[x]


 

Ask the authors: The Supreme Court and the law of and for elites

The following is a series of questions posed by Ronald Collins to Neal Devins and Lawrence Baum on the occasion of the publication of their book “The Company They Keep: How Partisan Divisions Came to the Supreme Court” (Oxford University Press, 2019, 272 pp., cloth: $29.95). Neal Devins is the Sandra Day O’Connor Professor of Law at the College of William and Mary. Lawrence Baum is an emeritus professor of political science at Ohio State University. Welcome, Neal and Lawrence, and thank you fo...
Tags: Featured, Supreme Court, Law, Obama, Congress, White House, Book Reviews, Ronald Reagan, Arizona, William, Republican, Kerry, Donald Trump, Miranda, Fdr, East Bay


Three Takeaways from St. Cloud State’s 5-3 Win Over Western Michigan

My three takeaways from St. Cloud State’s 5-3 win over Western Michigan to complete their weekend sweep and maintain their lead atop the NCHC standings. Here are my takeaways from tonight’s game: Too Much SCSU Pressure St. Cloud State has historically been a tough match-up for Western Michigan, especially when playing on the big ice sheet in St. Cloud. Add in that Western Michigan was without two key players in Wade Allison due to an upper body injury, and Ethen Frank due to illness and th...
Tags: Sport, Hockey, Huskies, Broncos, Western Michigan, St Cloud State, Gorsuch, Chris Dilks, Wade Allison, Trevor Gorsuch, SCSU Pressure St Cloud State, Three Stars


St. Cloud State Sweeps Western Michigan

ST. CLOUD – Sometimes when you dominate a period and you’re still on the wrong side of the scoreboard, you can get demoralized. Not if you’re part of a well-coached and determined team like #2 St. Cloud State has been all season long. Thanks to a four-goal second period, the Huskies completed yet another sweep as they defeated the 10th-ranked Western Michigan Broncos 5-3 on Saturday night at Herb Brooks National Hockey Center. The way the Huskies dominated the first period and the way they...
Tags: Sport, Power, North Dakota, Miami, Michigan, Hockey, Denver, Huskies, Broncos, Blake, Bulldogs, Colorado College, Larson, Western Michigan, Minnesota Duluth, St Cloud State


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


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


Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents

Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed, I doubt the court has r...
Tags: Featured, Supreme `` Court, Law, Congress, United States, Ruth Bader Ginsburg, Thomas, Henry Schein, John Roberts, Ginsburg, Kavanaugh, INS, Oliveira, Gorsuch, Merits Cases, Chadha


Judge Keeps An Eye On SCOTUS As He Blocks Census Citizenship Question

U.S. District Judge Jesse Furman found himself in an extraordinary position as he handed down a decision Tuesday declaring illegal the Trump administration’s move to add a citizenship question to the census. As trial in the case was wrapping up in November, the Supreme Court announced it would hear arguments on a dispute in the case in February. More remarkable, still, is that the dispute — over a judge’s order the Commerce Secretary Wilbur Ross, who made the decision to add the question, sit...
Tags: News, Maryland, Supreme Court, Commerce, Doj, Justice Department, Ross, Trump, Fed, Wolf, Tierney Sneed, Levitt, Loyola Law School, Fishkin, Common Cause, Jesse Furman


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


Judge bars Trump administration’s citizenship question from 2020 Census

By LARRY NEUMEISTER | Associated Press NEW YORK — The Trump administration cannot put a question about citizenship status on the 2020 census, a federal judge in New York ruled Friday in a boost to proponents of counting immigrants. In a 277-page decision that won’t be the final word on the issue, U.S. District Judge Jesse Furman ruled that while such a question would be constitutional, Commerce Secretary Wilbur Ross had moved to add it to the census arbitrarily and had not followed proper admini...
Tags: Politics, New York, News, Supreme Court, Congress, California, White House, San Francisco, Sport, Soccer, Commerce, Associated Press, Donald Trump, Justice Department, Ross, Trump


Justice Kavanaugh joins Chief and more liberal Justices in GVR of Kentucky capital case

This morning's Supreme Court order list is fairly short and is mostly denials of certiorari. But the last page of the order list should intrigue capital sentencing fans, and it contains an order in White v. Kentucky, No. 17-9467, in which the Court vacated the decision below "and the case is remanded to the Supreme Court of Kentucky for further consideration in light of Moore v. Texas, 581 U. S. ___ (2017)." This GVR is made extra interesting because Justice Alito issued this short dissent, whic...
Tags: Texas, Supreme Court, Law, Kentucky, Court, Indiana, Kennedy, Cooper, Webster, Scalia, Moore, Alito, Kavanaugh, Kaushal, Gorsuch, Douglas A Berman


Gorsuch Elected As Trustee Of The Colonial Williamsburg Foundation

WILLIAMSBURG, Va. (AP) — U.S. Supreme Court Justice Neil Gorsuch has been elected to serve as a trustee of the Colonial Williamsburg Foundation. Gorsuch was nominated to the high court by President Donald Trump and took his seat in April 2017. He previously served on the 10th U.S. Circuit Court of Appeals and at the U.S. Department of Justice as principal deputy associate attorney general. Colonial Williamsburg is the world’s largest living history museum. In a statement released by the founda...
Tags: News, Donald Trump, Williamsburg, U S Supreme Court, U S Department of Justice, Va AP, Anthony Kennedy, Colonial Williamsburg, 10th U S Circuit Court of Appeals, Gorsuch, Colonial Williamsburg Foundation, Neil Gorsuch, Retired Supreme Court, Summer Concepcion


Gorsuch named as trustee of Colonial Williamsburg Foundation

WILLIAMSBURG, Va. (AP) — U.S. Supreme Court Justice Neil Gorsuch has been elected to serve as a trustee of the Colonial Williamsburg Foundation. Gorsuch was nominated to the high court by President Donald Trump and took his seat in April 2017. He previously served on the 10th U.S. Circuit Court of Appeals and at the […]
Tags: News, Nation, Donald Trump, Williamsburg, U S Supreme Court, Va AP, 10th U S Circuit Court of Appeals, Gorsuch, Colonial Williamsburg Foundation, Neil Gorsuch


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


Reargument preview: A new theory of when local-government takings occur

Photo credit to Pacific Legal Foundation On Wednesday, for the second time this term, the court will hear argument in Knick v. Township of Scott. The case addresses when property owners who allege that a local government has taken their property can bring a lawsuit in federal court. A 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, requires such plaintiffs to first make use of the state’s compensation procedures; only then can they say whether their property h...
Tags: Featured, Supreme Court, Law, Congress, United States, Pacific Legal Foundation, Samuel Alito, Knick, Williamson County, Gorsuch, Merits Cases, Noel Francisco, Brett Kavanaugh, Williamson County Regional Planning Commission, Hamilton Bank, Neil Gorsuch


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: 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


Justice Ruth Bader Ginsburg Misses Supreme Court Arguments

A court spokeswoman said the justice would participate in the cases by reading briefs and argument transcripts. She had never missed an argument in 25 years on the court.
Tags: News, Trump, Ginsburg, Kavanaugh, Gorsuch, Donald J, Ruth Bader, Supreme Court (US, Surgery and Surgeons, Neil M, Brett M


The justices return, without Ginsburg or any new grants (Updated)

[Editor’s Note: This post was updated to cover the four cases in which the Supreme Court asked the U.S. solicitor general to file briefs.] The justices returned to the bench today for the first arguments of the new year. Justice Ruth Bader Ginsburg, who had surgery on December 21 to remove two cancerous growths from her lungs, was not on the bench this morning; a court spokeswoman indicated that she would still participate in today’s cases based on the briefs and transcripts. The justices issued...
Tags: Texas, Featured, Supreme Court, Law, Virginia, New York City, Court, Georgia, Indiana, United States, Citigroup, Argentina, Ohio, Atkins, Lgbtq, Ruth Bader Ginsburg


Justice Ginsburg Will Miss Supreme Court Arguments

A court spokeswoman said the justice would participate in the cases by reading briefs, other filings and argument transcripts.
Tags: News, Trump, Ginsburg, Kavanaugh, Gorsuch, Donald J, Ruth Bader, Supreme Court (US, Surgery and Surgeons, Neil M, Brett M, Justice Ginsburg Will Miss Supreme Court Arguments


Purported SCOTUS originalists and liberals, showing yet again that they are faint-hearted, refuse to consider extending jury trial rights to restitution punishments

I noted in this post the array of per curiam rulings and statements that the Supreme Court released today to get 2019 off to an interesting criminal justice start.  Regular readers will not be surprised to learn that one particular decision, namely the decision to deny certiorari in Hester v. US, has me revved up.  Hester involves a claim that the Sixth Amendment jury trial right recognized in Apprendi, Blakely, Booker and Southern Union is applicable to cases in which findings are essential for...
Tags: Supreme Court, Law, Washington, US, America, United States, Smith, Kennedy, Jones, Commonwealth, Thomas, Henry Viii, State, Somerville, Roberts, Ginsburg


Supreme Court order list full of (state-friendly) criminal justice per curiams and notable cert denial with statements

The Supreme Court is full back in action for the New Year, beginning with this new long order list with the always-expected long list of denials of certiorari and denials of rehearing. But the list also includes these two notable per curiam rulings: City of Escondido v. Emmons, No. 17-1660, which summarily reverses/vacates a Ninth Circuit ruling that two officers were not entitled to qualified immunity in a excessive force case. Shoop v. Hill, No. 18-56, which summarily vacates a Sixth Circuit ...
Tags: Sixth Circuit, Supreme Court, Law, US, Georgia, Ohio, Ginsburg, Alito, Ninth Circuit, Sotomayor, Emmons, Kagan, Escondido, Hester, Shoop, Gorsuch


What the Fu** — Supreme Court agrees to hear Brunetti Trademark Dispute

by Dennis Crouch Erik Brunetti’s “FUCT” line of apparel doesn’t have much appeal to my sense of style, but the clothing certainly seem to make a statement.  The USPTO refused to grant Brunetti’s application to register the mark — finding that the mark “comprises immoral * * * or scandalous matter” and thus cannot be registered under Section 2(a) of the Lanham Act. On appeal, the Federal Circuit sided with Brunetti — holding the statute unconstitutional as contrary to the Free Speech provision ...
Tags: Supreme Court, Law, Uspto, Patent, Kennedy, Tam, Kavanaugh, Federal Circuit, Brunetti, Fu, Gorsuch, Matal, Dennis Crouch Erik Brunetti, Government Since Tam the Supreme Court


Argument preview: Immunity, precedent and federalism in Franchise Tax Board of California v. Hyatt

Franchise Tax Board of California v. Hyatt is the federal courts case that keeps on giving. It is a SCOTUS “threepeater,” having now reached the justices on three separate occasions. It raises a rich sovereign immunity issue — namely, whether states should enjoy immunity in one another’s courts. And it also asks the Supreme Court to overrule a precedent, Nevada v. Hall, that at least four justices were recently prepared to throw overboard. Whether new Justices Neil Gorsuch and Brett Kavanaugh f...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Maine, Nevada, Hall, Kennedy, Hyatt, Sachs, Antonin Scalia, U S Supreme Court, Alden, William Rehnquist


My Most Popular Posts of 2018

What goes around comes around, as they say. In 2010, I started compiling a year-end list of my most-popular blog posts. That year, my most popular post was a first look at the newest version of Westlaw, WestlawNext. Fast forward to 2018, and my most popular post this year was a first look at the newest version of Westlaw, Westlaw Edge. In fact, news about Westlaw’s parent company, Thomson Reuters, occupied three of the top spots this year among my most popular posts. The other two were not about...
Tags: Utah, Law, Uncategorized, Thomson Reuters, LexisNexis, Westlaw, Avvo Legal Services, Bob Ambrogi, Gorsuch, Westlaw Westlaw, Utah Nears Licensing of Paralegals


My Most Popular Posts of 2018

What goes around comes around, as they say. In 2010, I started compiling a year-end list of my most-popular blog posts. That year, my most popular post was a first look at the newest version of Westlaw, WestlawNext. Fast forward to 2018, and my most popular post this year was a first look at the newest version of Westlaw, Westlaw Edge. In fact, news about Westlaw’s parent company, Thomson Reuters, occupied three of the top spots this year among my most popular posts. The other two were not about...
Tags: Utah, Law, Uncategorized, Thomson Reuters, LexisNexis, Westlaw, Avvo Legal Services, Gorsuch, Westlaw Westlaw, Utah Nears Licensing of Paralegals


Empirical SCOTUS: 365 days of Trump and the Supreme Court

How better to wrap up the calendar year than by examining the president’s take on his relationship with the Supreme Court – especially because the court was one of President Donald Trump’s favorite topics of discussion this past year? These references ranged from the specific to the general and from praise to criticism. Many of the tropes are likely familiar. There was commentary on the Supreme Court vacancy after Justice Anthony Kennedy retired, more about Justice Brett Kavanaugh during the con...
Tags: Supreme Court, Law, Washington, America, Fox, South Dakota, Hawaii, Manhattan, Donald Trump, Chattanooga, Trump, Arlington National Cemetery, Brett, Houston Texas, United States Supreme Court, Anthony Kennedy


Constitutional law roundup

Kansas Supreme Court rules 4-3 that cops can conduct warrantless search of private homes if they say they smell marijuana. Practical difference between this and “…whenever they please” is not clear [Tim Carpenter, Topeka Capital-Journal] At Timbs v. Indiana oral argument, Court seems sympathetic to idea of applying Excessive Fines clause to the states [Robby Soave, Jacob Sullum, Ilya Somin, earlier here, here, and here] Notwithstanding Justice Gorsuch and Kavanaugh’s interjections, there is...
Tags: New York, Guns, Supreme Court, Law, Uncategorized, America, Indiana, New Hampshire, Kansas, Constitutional Law, Fourth Amendment, Kansas Supreme Court, Whitaker, Cato, Cato Institute, Arizona Supreme Court




Reading Tea Leaves on Abortion Rights

Will the conservative majority deliver on Trump’s promise to overturn Roe v. Wade?
Tags: Texas, News, Abortion, Kansas, Louisiana, Medicaid, Trump, Thomas, Roberts, Alito, Clarence, Planned Parenthood Federation of America, Kavanaugh, Gorsuch, Donald J, Supreme Court (US