Posts filtered by tags: Gorsuch[x]


 

Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit


Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer


Gorsuch's textualism gives immigrant a chance to challenge deportation

Supreme Court Justice Neil Gorsuch, joined by an unusual alignment of conservative and liberal justices, ruled in favor of a 'nonpermanent resident alien' on Thursday who is seeking to challenge his deportation, arguing that the government had not given him proper notice of his removal proceedings.
Tags: Supreme Court, Cnn, Gorsuch, Neil Gorsuch


Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by pr...
Tags: Featured, Supreme Court, Law, John Roberts, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Niz Chavez


Court wrestles with Superfund contribution puzzle

Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump. The Navy created the dump during the 1940s...
Tags: Featured, Law, Navy, Massachusetts, United States, Wyoming, Epa, CWA, Environmental Protection Agency, Sonia Sotomayor, U S Navy, Sotomayor, Stephen Breyer, Clarence Thomas, Guam, Samuel Alito


Detailing the "nightmare" following the Supreme Court's McGirt ruling

The Washington Times has this lengthy new article discussing the fallout of the Supreme Court's notable ruling last summer in McGirt v. Oklahoma under the headlined, "'A nightmare': Supreme Court ruling upends Oklahoma prosecutions of American Indians."  Here are excerpts: A Supreme Court ruling that bars state prosecutions of American Indians in Oklahoma for crimes on tribal land has led to a wave of appeals from convicts, a rising backlog of cases in federal and tribal courts, and an accused ...
Tags: Supreme Court, Law, Congress, Oklahoma, American Indians, Ruth Bader Ginsburg, Trump, Tulsa, Walton, Washington Times, The Washington Times, Eastern District, Neil M Gorsuch, Northern District, Robert Gifford, Gorsuch


Meandering argument sheds little light on mandatory awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. Hotels.com considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. It turns out, at least as far as the argument suggests, that nothing about that question is simple or obvious. The case involves two subsections of Rule 39 of the Federal Rules of Appellate Procedure. The first question is which party should pay costs. All agree that s...
Tags: Supreme Court, Law, Circuit, San Antonio, Thomas, John Roberts, Barrett, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Gorsuch, Merits Cases


Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations

With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations. During nearly two hours of oral argument in Yellen v. Confederated Tribes of the Chehalis Reservation, the justices expressed doubts about the textual arguments advanced by both sides even as they seemed wary of the consequences of a ruli...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Paul Clement, Yellen, Thomas, Sonia Sotomayor, John Roberts, Roberts, Treasury Department, Alito, Barrett, Sotomayor


Court to take up case on “harmless error” standard in habeas proceedings

The Supreme Court on Monday announced that it would add the case of a Michigan inmate convicted of premeditated murder to its docket for next term. The justices granted Brown v. Davenport, a petition filed by the state of Michigan on the standard for whether a constitutional error is “harmless” when a defendant is seeking federal post-conviction relief. The inmate, Ervine Davenport, was convicted after a trial at which he was shackled. State courts in Michigan agreed that shackling Davenport vi...
Tags: New York, Featured, Supreme Court, Law, Court, New Jersey, Michigan, District Of Columbia, Brown, Murphy, McDonald, Dobbs, Davenport, Howe, U S Court of Appeals, City of Chicago


Ford v. Montana: Supreme Court on the Scope of Personal Jurisdiction

Note – this is a civil procedure case that I’ve been following. Many lawyers will be interested, even if not directly related to intellectual property. Dennis Crouch Ford Motor Co. v. Montana 8th Judicial District (Supreme Court 2021) Markkaya Gullett was killed in a Ford Explorer crash near her home in Montana.  Gullett’s estate sued Ford on a product liability type claims.  Ford argued that the state lacks personal jurisdiction over the global auto company.  The Supreme Court has sided with Gu...
Tags: Minnesota, Supreme Court, Law, California, Montana, Ford, Patent, Bms, Thomas, Ford Motor Co, The Supreme Court, Roberts, Bristol Myers Squibb Co, Alito, Daimler AG, Kagan


Notable SCOTUS partners urging (unavailable) USSC to clarify a guideline point

As noted before, the big SCOTUS news today for sentencing fans was the Justices' decision to grant cert to reconsider the reversal of the federal death sentence for Boston Marathon bomber Dzhokhar Tsarnaev.  (How Appealing collects some of the major media coverage here).  But for federal guideline gurus, the SCOTUS order list also included a fascinating little statement by Justice Sotomayor, joined by Justice Gorsuch, respecting the denial of certiorari in Longoria v. United States, No. 20–5715....
Tags: Supreme Court, Law, Scotus, US, United States, Commission, Boston Marathon, Fed, Fifth Circuit, Sotomayor, Braxton, USSC, Longoria, Gorsuch, Douglas A Berman, Sentencing Commission


Democrats need to get serious about new ideas to transform the Supreme Court

Supreme Court Justices at the inaugural ceremony on January 20, 2021 in Washington, DC. Patrick Semansky-Pool/Getty Images Michael Gordon is a longtime Democratic strategist, a former spokesman for the Justice Department, and the principal for the strategic-communications firm Group Gordon. This is an opinion column. The thoughts expressed are those of the author.  Visit the Business section of Insider for more stories. With the Supreme Court taking up a case that effectively would kill th...
Tags: Supreme Court, Obama, Republicans, Congress, Senate, Court, US, America, Trends, Democrats, Washington Dc, House Of Representatives, Lgbtq, Republican, Biden, Donald Trump


Lots of SCOTUS talk and debate over the "categorial approach" and ACCA proof burdens in immigration decision

The Supreme Court this morning handed down a 5-3 ruling in Pereida v, Wilkenson, No. 19-438 (S. Ct. Mar. 4, 2021) (available here), in which the majority holds that, under the Immigration and Nationality Act (INA), a person subject to removal seeking discretionary relief must prove a prior conviction is not a "disqualifying criminal offense." Federal sentencing fans may already sense where this is going because so much of federal sentencing law, particularly the Armed Career Criminal Act (ACCA),...
Tags: Supreme Court, Law, Court, United States, New Jersey, Shepard, Breyer, ACCA, Mathis, Gorsuch, Douglas A Berman, Almendarez Torres, Apprendi, Descamps, Wilkenson, Pereida


Litigation over clergy halts Alabama execution (and divides Justices in notable ways)

Though the federal government carried out the first three execution of 2021 last month, the first state execution in the US was scheduled to take place last night in Alabama.  But, as this local article explains, today "Willie B. Smith III remains alive on death row in Alabama, after the U.S. Supreme Court upheld a ruling that required Smith’s spiritual advisor to be in the execution chamber with Smith when he was given the lethal injection."  Here is more: The ruling came down around 11:08 p.m...
Tags: Texas, Supreme Court, Law, US, Alabama, Npr, Christian, Birmingham, Smith, Sonia Sotomayor, Buddhist, U S Supreme Court, John Roberts, Alabama Department of Corrections, Alito, Barrett


Constitutional rights endure, even during a pandemic

No one could dispute that it’s a challenge to keep people safe during a pandemic, although many people dispute the specifics of how the state government has attempted to do that. From the beginning, Gov. Gavin Newsom’s frequently shifting metrics and categories have frustrated those who find their particular occupation, business or preferred activities to be just outside the governor’s definition of “essential.” The state has been on especially weak ground in its longtime ban on indoor worship s...
Tags: New York, Supreme Court, California, Opinion, Uncategorized, Los Angeles, Walmart, Sport, Soccer, Editorials, San Diego, Gavin Newsom, Chula Vista, U S Supreme Court, John Roberts, John Stossel


"A splintered Supreme Court on late Friday night partly lifted restrictions on religious services in California that had been prompted by the coronavirus pandemic...."

"With the pandemic raging, in-person worship services were entirely barred in Tier 1, which covers almost all of the state. In a brief, unsigned opinion, the court blocked that total ban but left in place a 25 percent capacity restriction and a prohibition on singing and chanting. Justices Clarence Thomas and Neil M. Gorsuch said they would have blocked all of the restrictions. Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan dissented, saying they would have left all of the restrict...
Tags: Hollywood, Supreme Court, Law, California, Nevada, State, Elena Kagan, Kagan, Clarence Thomas, Neil M Gorsuch, Samuel A Alito Jr, John G Roberts Jr, Gorsuch, Religion And Government, Ann Althouse, Brett M Kavanaugh


Supreme Court lifts California's ban on indoor worship services but keeps restrictions on limited occupancy

A visitor walks through the Serra Chapel during the reopening of Mission San Juan Capistrano in San Juan Capistrano, CA on Thursday, February 4, 2021. Paul Bersebach/MediaNews Group/Orange County Register via Getty Images The Supreme Court ruled that California cannot ban indoor worship service.  They can, however, limit capacity to 25% and ban singing and chanting. There were four different opinions given by the Justices on this case.  Visit the Business section of Insider for more storie...
Tags: Politics, New York, Science, Justice, Supreme Court, Law, California, Court, Trends, Cnn, Associated Press, Donald Trump, Chamath Palihapitiya, Trump, Sonia Sotomayor, Barrett


Supreme Court lets California churches hold indoor services

A divided U.S. Supreme Court ordered California to let indoor worship services resume at a group of suing churches, easing restrictions that officials said were needed to stem the spread of the coronavirus. The Friday night orders stopped short of abolishing the Covid restrictions altogether, saying the state could impose a 25% capacity cap at church services. The justices also let California continue to ban singing and chanting at indoor services. Still, the orders marked a new display of the e...
Tags: New York, Hollywood, News, Supreme Court, California, Religion, Sport, Soccer, Biden, Pasadena, Gavin Newsom, Sonia Sotomayor, Chula Vista, U S Supreme Court, South Bay, Alito


Marriage Equality and the Sex Discrimination Argument for LGBTQ+ Rights: The Legacy of Ruth Bader Ginsburg

For the Balkinization symposium on William N. Eskridge, Jr., and Christopher Riano, Marriage Equality: From Outlaws to In-Laws (Yale University Press, 2020). William N. Eskridge Jr. & Christopher R. Riano   We are honored by the attention paid to our book, Marriage Equality: From Outlaws to In-Laws (Yale Press 2020). Jack Balkin has assembled a diverse array of learned and brilliant commentators who have approached the book from different angles:  they situate the tome in the context of ev...
Tags: Kitchen, Utah, New York, Texas, Supreme Court, Obama, Colorado, California, Washington, Virginia, Lgbt, Court, City, Barack Obama, Harvard, Canada


Argument analysis: Justices divided in procedural battle between Baltimore, oil companies in climate fight

Kannon Shanmugam argues for BP and other fossil fuel companies (Art Lien) In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. That principle may ultimately prove dispositive in BP v. Mayor and City Council of Baltimore, in which the justices heard oral argument on Tuesday regarding a procedural aspect of a major climate-change...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Exxon Mobil, United States, Bp, Baltimore, Chevron, Lucas, Harvard Law School, Sonia Sotomayor, John Roberts, Roberts, Howe


Argument analysis: Justices sympathetic to FCC in media ownership dispute

The Supreme Court heard oral argument on Tuesday morning in a dispute arising from the Federal Communications Commission’s attempts to deregulate local media ownership. After nearly an hour and a half of debate, the justices seemed inclined to uphold the FCC’s efforts – even if not on the ground that big broadcasters would prefer. FCC v. Prometheus Radio Project and National Association of Broadcasters v. Prometheus Radio Project, which the court consolidated for oral argument, center on the FCC...
Tags: Featured, Fcc, Supreme Court, Law, Congress, Federal Communications Commission, Sonia Sotomayor, Stewart, John Roberts, Roberts, Walker, Howe, Deutsch, Barrett, U S Court of Appeals, Sotomayor


Argument analysis: Justices weigh mootness after change in government policy in cases seeking nominal damages

The Supreme Court heard oral argument on Tuesday in the case of a Georgia student who was stopped from handing out religious literature and speaking about his faith on the campus of his public college. The student, Chike Uzuegbunam, argued that the college’s policies violated the First Amendment, but shortly after the lawsuit was filed the college changed its policies to allow students to generally speak anywhere on campus without a permit. The question before the court on Tuesday in Uzuegbunam ...
Tags: New York, Featured, Taylor Swift, Supreme Court, Law, Congress, New York City, Atlanta, Georgia, Bradford, Swift, Thomas, Sonia Sotomayor, John Roberts, Roberts, Howe


Argument analysis: A complex question of immigration bond

The Supreme Court heard argument on Monday by telephone in Pham v. Guzman Chavez, which raises a complex question about bond for migrants in removal proceedings. The justices asked hard questions of both sides. Paul Hughes, counsel for respondents, phones in to argue with a view of Union Station in the background (Art Lien) The case involves migrants with “reinstated” removal orders, meaning they were previously deported, subsequently returned to the U.S., and now have pending claims for the “...
Tags: Featured, Supreme Court, Law, Congress, United States, Davis, Department Of Homeland Security, John Roberts, Hughes, Alito, Barrett, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito


NARAL President Ilyse Hogue says the organization is 'certainly preparing' for the end of Roe v. Wade

NARAL president Ilyse Hogue speaks at a protest against the confirmation of Judge Amy Coney Barrett to the Supreme Court on October 22, 2020. Jemal Countess/Getty Images for Care In Action NARAL Pro-Choice America president Ilyse Hogue said in a recent Daily Beast podcast interview the organization is working to protect women's reproductive rights with a deeply conservative Supreme Court in place. In a discussion with editor-at-large Molly Jong-Fast, Hogue discussed Roe v. Wade, the 1973 ...
Tags: Politics, Supreme Court, Senate, White House, US, Trends, Joe Biden, Mexico City, Reproductive Rights, Reproductive Health, Biden, Roe V Wade, Donald Trump, Ruth Bader Ginsburg, Kamala Harris, Trump


A bloggy review of the sentencing year that was 2020

I always enjoy "year in review" pieces, even in years like 2020 that many folks may quite rightly be quite eager to forget.  So I figured I might as well "celebrate" the end of a rough year with a "bloggy" accounting of 2020 based on an all-too-quick review of some blog posts from the past year.  This accounting is not meant to be representative or even all that reflective of the year that was, it is just a list of a few post titles catching my eye for each month as I went though my 2020 archive...
Tags: New York, Supreme Court, Law, Congress, Time, US, America, Joe Biden, Fbi, Gop, Williams, Harvey Weinstein, Boston Marathon, Ohio, Oklahoma, Biden


On the Supreme Court’s shadow docket, the steady volume of pandemic cases continues

As the Supreme Court winds down for the holiday break, one thing that has not slowed is the flow of litigation arising from the COVID-19 pandemic. In November and December, the court handled seven emergency requests for relief related to COVID-19, six involving challenges by religious institutions to state crowd-restriction orders and one involving exposure of prisoners to the coronavirus. All of the cases followed a now-familiar procedural pattern. Like the many other pandemic-related cases tha...
Tags: New York, Featured, Supreme Court, Law, Colorado, California, Kentucky, Brooklyn, New Jersey, Nevada, Pasadena, Andrew Cuomo, Illinois, Ruth Bader Ginsburg, Gavin Newsom, Valentine


Citing imminent expiration, justices reject Christian school’s request for exemption from Kentucky’s in-person school closures

The Supreme Court on Thursday turned down a request from a Christian school in Kentucky and the state’s attorney general to allow in-person classes at faith-based schools, stressing that most schools in Kentucky will close for the winter holidays on Friday, Dec. 18, and are slated to reopen on Jan. 4. The justices left open the possibility that the school could return to seek relief again if the state’s governor issues a new school-closing order after the holidays. Justices Samuel Alito and Neil...
Tags: New York, Featured, Sixth Circuit, Supreme Court, Law, Kentucky, Cameron, Howe, Alito, U S Court of Appeals, Lexington, Samuel Alito, Christian school, Beshear, Kelly Shackelford, Gorsuch


Argument analysis: Justices at odds over federal robocall ban in the face of technological change

Bryan Garner argues over telephone for Noah Duguid (Art Lien) On Tuesday, for the second time this year, the Supreme Court heard oral argument on the federal law that bans robocalls to cellphones. The question this time, in Facebook v. Duguid, is whether the Telephone Consumer Protection Act’s ban on robocalling or robotexting cellphones using an “automatic telephone dialing system” includes using a device that can store and automatically dial telephone numbers without using a “random or seque...
Tags: Facebook, Featured, Fcc, Supreme Court, Law, Congress, Siri, Federal Communications Commission, Facetime, Paul Clement, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Garner, Roberts


Argument analysis: “Very hard questions” in dispute over Fannie Mae, Freddie Mac shareholder suit

The Supreme Court heard oral argument on Wednesday in a high-stakes battle over the regulation of mortgage giants Fannie Mae and Freddie Mac in the wake of the 2008 housing crisis. Shareholders in the company have challenged both the constitutionality of the Federal Housing Finance Agency, which Congress created to oversee the two companies, and the FHFA’s 2012 agreement with the Treasury Department, which the shareholders say “nationalized” Fannie and Freddie. After nearly two hours of debate, ...
Tags: Featured, Supreme Court, Law, Congress, Treasury, Department Of Justice, Social Security Administration, Thompson, Sonia Sotomayor, John Roberts, SSA, Freddie Mac, Brigham Young University, Roberts, Treasury Department, Alito