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Wednesday round-up

After staying up late to resolve a flurry of last-minute litigation concerning the execution of Lisa Montgomery, the justices will hear their third and final oral argument of the week at 10 a.m. in AMG Capital Management v. Federal Trade Commission, a case about the FTC’s authority to seek monetary relief when suing companies for unfair or deceptive trade practices. Our preview of the case is here. Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Co...
Tags: Supreme Court, Law, Federal Trade Commission, Ftc, Trump, Round-up, Robert Barnes, Adam Liptak, Mark Walsh, Trump Organization, Lisa Montgomery, Howard Wasserman, Kara Scannell, AMG Capital Management, Washington Post Citing Taylor Swift Supreme Court


Friday round-up

In their final conference of 2020, the justices will meet privately on Friday to discuss pending petitions seeking the court’s review. A list of noteworthy cases slated to be discussed is available here. And after allowing the federal government to proceed with the execution of Brandon Bernard on Thursday night, the court will have to act on another capital case. Alfred Bourgeois, who is scheduled to be executed Friday evening, has asked the justices to order a stay of his execution. Here’s a ...
Tags: Texas, Supreme Court, Law, Npr, Biden, Donald Trump, US supreme court, Round-up, Adams, Jess Bravin, Nina Totenberg, Howard Wasserman, Brandon Bernard, Alfred Bourgeois, Steven Mazie Idrees Kahloon, Economist SC AG Wilson


Panel: The Jurisprudence of Justice Ginsburg

FIU College of Law will host a panel, The Jurisprudence and Legacy of Justice Ginsburg, at 12:30 p.m., this Friday, October 30.  Register here.  The event is open to the public; please join us for what should be a great conversation.  A panel discussion of the life, jurisprudence, and legacy of Justice Ruth Bader Ginsburg.  Legal scholars will consider her work on gender equality, reproductive freedom, election law, constitutional law, comparative law, and procedure, and the effects of her death...
Tags: Court, Ruth Bader Ginsburg, Branding, Ginsburg, Mark Graber, Howard Wasserman, FIU College of Law, Michele Anglade, FIU College


Friday round-up

The Supreme Court on Thursday issued its final opinions of the 2019-20 term, deciding blockbuster cases on President Donald Trump’s financial documents and the status of Native American land in Oklahoma. Amy Howe explains the pair of rulings on Trump’s financial records in an analysis for SCOTUSblog that first appeared at Howe on the Court. Adam Liptak of the New York Times writes that the decision in Trump v. Vance — involving a Manhattan grand jury’s access to Trumps’s records — is “a stunning...
Tags: New York, Texas, Supreme Court, Law, Congress, Washington Post, Cnn, Pennsylvania, United States, New York Times, Manhattan, Associated Press, Npr, Oklahoma, Usa Today, Donald Trump


Tuesday round-up

Yesterday the court decided unanimously in Chiafalo v. Washington and Colorado Department of State v. Baca that state laws that penalize or remove presidential electors who do not vote for candidate they pledged to support do not violate the Constitution. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. Nina Totenberg reports at NPR that the decision “is so strong that it would seem to allow states to remove faithless electors even without a state law.” At Fo...
Tags: Supreme Court, Law, Congress, Washington, Court, Bloomberg, Npr, Round-up, Roberts, Howe, Jess Bravin, Greg Stohr, Nina Totenberg, Adam Feldman, CFPB, Brent Kendall


Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump


Loving Day, 2020: Revisiting Palmore v. Sidoti as a Companion Case to Loving v. Virginia

June 12th is Loving Day, a holiday celebrating the landmark case Loving v. Virginia(1967), in which the U.S. Supreme Court struck down Virginia’s Racial Integrity Act— and the laws of 15 other states that still prohibited marriage between white people and people of other “races” — as unconstitutional and “obviously an endorsement of the doctrine of White Supremacy.” Officially recognized in several states (including Virginia) and some cities, the holiday “Loving Day” grew out of a graduate scho...
Tags: Florida, Supreme Court, California, Virginia, America, United States, Aclu, Charles, Loving, Martin Luther King Jr, Jim Crow, Branding, Brown, U S Supreme Court, Board of Education, Linda


Tuesday round-up

On this second day of this unusual May session, the justices will hear – literally, only hear – oral argument in USAID v. Alliance for Open Society International, a First Amendment challenge to the enforcement against overseas groups of a requirement that recipients of federal funds to fight HIV/AIDS abroad have a policy opposing prostitution and sex trafficking. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Kayla Anderson and Prachee Sawant preview the case for Co...
Tags: Usa, Texas, Supreme Court, Law, Washington Post, Bloomberg, Pennsylvania, New Orleans, Fox News, Npr, Louisiana, Usaid, Irs, Round-up, Thomas, Peter


More Thoughts on a Cancelled Election

Since my article on the consequences of President Trump cancelling the November election appeared in Politico, I have been having an interesting discussion with Howard Wasserman.   Professor Wasserman previously bloggedaboutessentially this problem and came to many of the same conclusions that I did.   He has since posted two thoughtfulresponses.   Professor Wasserman dove deeper than I did into the question of gubernatorial appointments of replacements for senators whose terms expire in Janu...
Tags: Supreme Court, California, Oregon, Senate, White House, Politico, Joe Biden, United States, Maine, House, Kansas, Leahy, Oklahoma, Republican, Biden, North Carolina


The Top 5 Judges To Clerk For If You Want To Be A Law Professor

Traditional feeder judges largely overlap with academic feeder judges.
Tags: Law, Rankings, Courts, Federal Judges, Law Schools, Law Professors, Clerkships, Howard Wasserman, Academic Feeder Judges


Proposal: small claims courts for police misconduct

A proposal from my Cato Institute colleague Clark Neily: small claims courts for low-level police misconduct. Ilya Somin praises it as among the few constitutional law ideas “that are simultaneously good, original, and potentially useful in the real world.” [Volokh Conspiracy] More: Howard Wasserman (similar ideas), Scott Greenfield and some other thoughts on small claims. Tags: constitutional law, judicial system, police
Tags: Law, Police, Uncategorized, Constitutional Law, Cato Institute, Ilya Somin, Scott Greenfield, Howard Wasserman, Clark Neily, Judicial System


Libel, slander, and defamation roundup

Texas trims back its SLAPP law after complaints it was being used in circumstances far from original design [John G. Browning, D Magazine] Howard Wasserman on John Oliver on SLAPP suits [Prawfsblawg] In the U.S., sovereign governments can’t sue for libel. Does that include Indian tribes? [TMZ, Eugene Volokh] “Your Periodic Reminder that Blogging About Litigation Can Generate More Litigation” [Eric Goldman] Virginia emerges as libel tourism destination in high-profile cases [Justin Jouvena...
Tags: Texas, Law, John Oliver, Virginia, Uncategorized, Kansas, Joe Morrissey, Kansas City Star, Eugene Volokh, Devin Nunes, Eric Goldman, Indian tribes, Howard Wasserman, Libel Slander And Defamation, John G Browning, Forum Shopping


Supreme Court roundup

Hosanna-Tabor sequel: Court agrees to review Ninth Circuit decisions taking narrow view of “ministerial exception,” which restricts court review of some decisions by religious employers [SCOTUSBlog, Eric Rassbach; Joseph Cosby on Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel] Once again the Court is being asked to green-light open-ended claims of disparate impact liability in mortgage lending. Proximate cause principles offer a way to hold the line [Ilya Shapiro...
Tags: Supreme Court, Law, Senate, Court, Uncategorized, Bank Of America, Miami, Churches, Constitutional Law, ABA Journal, Thomas, Cato, Roberts, James Knight, CFPB, Ninth Circuit


Wednesday round-up

Yesterday the Supreme Court issued three opinions. Mark Walsh has a “view” from the courtroom for yesterday’s session, which included the traditional presentation of Attorney General William Barr to the court. In Nieves v. Bartlett, the court ruled that a plaintiff’s First Amendment retaliatory-arrest claim failed because police officers had probable cause to arrest him. Howard Wasserman has this blog’s opinion analysis. Additional coverage comes from Robert Barnes of The Washington Post, Jordan...
Tags: Supreme Court, Law, Washington, Indiana, Cnn, Pennsylvania, New York Times, Arizona, Michigan, Jackson, Smith, The Washington Post, DOE, Los Angeles Times, Reed Smith, Courthouse News Service


Wednesday round-up

Richard Re analyzes Monday’s opinion in Franchise Tax Board of California v. Hyatt, in which the court overruled a 40-year-old precedent and held that a state cannot be sued in the courts of another state without its consent, for this blog. At The NCSL Blog, Lisa Soronen observes that Justice Clarence “Thomas spent a mere page explaining why a majority of the justices were rejecting stare decisis (let the decision stand) in this case.” Howard Wasserman writes at PrawfsBlawg that “[t]here is no t...
Tags: Apple, Supreme Court, Law, Pepper, Atlantic, United States, Liberty, New York Times, Louisiana, App Store, District Of Columbia, Ruth Bader Ginsburg, Hyatt, Round-up, Roe, Kavanaugh


Non Sequiturs: 05.05.19

* If you shared my skepticism that the murder trial in the Dan Markel case will actually start next month, almost five long years after Markel's murder, then you won't be surprised by this latest development -- Saam Zangeneh, counsel to Sigfredo Garcia, has moved for a continuance. [Tallahassee Democrat] * As predicted, President Donald Trump just had his 100th Article III federal judge confirmed by the U.S. Senate; he's now up to 102 judicial appointees, as noted by Carrie Severino. [Bench Mem...
Tags: Law, Police, Senate, Deaths, Federal Judges, Horse racing, Donald Trump, Body Cameras, Trump, Preet Bharara, Tallahassee, Jonathan Adler, Markel, Frank Cross, Non-Sequiturs, New York Law Journal


Wednesday round-up

Two oral arguments are on the justices’ agenda this morning. First up is United States v. Davis, which asks whether the definition of “crime of violence” is unconstitutionally vague in the context of federal criminal prosecutions involving firearms. Leah Litman previewed the case for this blog. Isaac Syed has a preview at Cornell Law School’s Legal Information Institute. Today’s second argument is in McDonough v. Smith, in which the court will decide when the statute of limitations begins to run...
Tags: Supreme Court, Law, America, United States, Davis, Smith, Cornell, Economist, Round-up, Alison Frankel, McDonough, Steven Mazie, Brunetti, Bill Donahue, Iancu, Howard Wasserman


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


Non Sequiturs: 01.27.19

* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, "Why are Democrats fighting the judicial nomination of a qualified gay minority?" Good question! [The Federalist] * Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it's the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being inflammatory. [National Review] * And KC Johnson, reviewing the collegiate writings by Rao that have generated the attacks against her, argues...
Tags: Law, Federal Judges, New York State, Federal Trade Commission, Ftc, D C Circuit, Covington, Alex Spiro, Eugene Volokh, Rao, Quinn Emanuel, Constitutional Accountability Center, KC Johnson, City Journal, Jim McGuire, Daniel Sullivan


Non Sequiturs: 01.06.19

* It's baaack: partisan gerrymandering returns to the Supreme Court -- and in the view of veteran SCOTUS watcher Amy Howe, it's unlikely that the justices will duck the merits this time around. [SCOTUSblog] * Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason] * Carrie Severino calls out Senate Democrats for their persistent -- and in her view, unjustified -- questioning...
Tags: Supreme Court, Privacy, Law, Scotus, Senate, Religion, Gerrymandering, Federal Judges, Sentencing, Standing, John Roberts, Amy Howe, Orin Kerr, Non-Sequiturs, Election Law, Judicial Nominations


Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe covers yesterday’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. Robert Barnes reports for The Washington Post that the question “seemed to strike the Supreme Court … as something of a constitutional no-brainer,” and that the justices “seemed more than ready to rule for Tyson Timbs of Marion, Ind., who had his $42,0...
Tags: Apple, Usa, Texas, Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Indiana, Pepper, New York Times, Fca, Rover, Npr, Oklahoma


Wednesday round-up

Today the justices will hear oral argument in Timbs v. Indiana, in which they will consider whether the Eighth Amendment’s excessive fines clause applies to the states. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Julia Hollreiser and Benjamin Rodd have a preview at Cornell Law School’s Legal Information Institute. At The Economist’s Espresso blog, Steven Mazie writes that a “rare left-right coalition of anti-poverty activists, Christian conserva...
Tags: Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Indiana, Cnn, New York Times, Federal Communications Commission, Npr, Louisiana, Oklahoma, Usa Today, Economist, Trump


Tuesday round-up

There are two oral arguments on the Supreme Court’s agenda today. The first is in Nutraceutical Corp. v. Lambert, which involves the timeliness of an appeal from a denial of class-action certification. Howard Wasserman previewed the case for this blog. Amanda Wong and Jared Ham have a preview at Cornell Law School’s Legal Information Institute. Next is Carpenter v. Murphy, a capital case in which the justices will decide whether Congress has disestablished the boundaries of an Indian reservation...
Tags: Apple, Maryland, Supreme Court, Law, Obama, Congress, Washington Post, Virginia, Bloomberg, Indiana, Pepper, Atlantic, New York Times, Federal Communications Commission, Warren, Oklahoma


Monday round-up

This morning the Supreme Court begins its December sitting with oral arguments in two cases. The first is Apple v. Pepper, in which the justices will consider whether IPhone-app purchasers can bring an antitrust suit against Apple. Amy Howe previewed the case for this blog, in a post that was first published at Howe on the Court. Basem Besada and Isaac Idicula preview the case for Cornell Law School’s Legal Information Institute, and SubscriptLaw offers a graphic explainer. This morning’s second...
Tags: Apple, Supreme Court, Law, Nbc News, Cnn, Pepper, New York Times, The Washington Post, Cornell, Trump, Round-up, U S Supreme Court, Robert Barnes, The Supreme Court, Howe, Adam Liptak


Non-Sequiturs: 10.21.18

* Orin Kerr offers his thoughts on the Allison Jones Rushing controversy (aka how young is too young to be a federal judge). [Reason / Volokh Conspiracy] * If President Trump and Senate Republicans are packing the courts with conservatives, then it's time for Democrats to pack back, according to Michael Klarman. [Take Care] * Howard Wasserman offers some insights into the recent dismissal of Stormy Daniels's defamation lawsuit against Trump. [PrawfsBlawg] * And while we're on the subject of m...
Tags: Supreme Court, Law, Scotus, Senate, Federal Judges, Donald Trump, Ruth Bader Ginsburg, Legal Ethics, Trump, Prosecutors, Stormy Daniels, Jonathan Adler, Orin Kerr, Clerks, Non-Sequiturs, New York Law Journal


October 17 roundup

Antitrust legislation once targeted the unstoppable rise of chain stores A&P and Sears, both now bankrupt [my new Cato post, quoting Joe Nocera, Bloomberg (“The next time you hear somebody say that the dominance of Walmart or Amazon or Facebook can never end, think about Sears. It can — and it probably will.”)] When you wish upon a suit: visitor grabs Disney cast member and screams at her after she asks him to move out of parade route, later pleads no contest to disorderly conduct, now wants...
Tags: Amazon, Facebook, Florida, Minnesota, Small Business, Law, Senate, Uncategorized, Disney, Walmart, Aclu, Antitrust, Sears, ABA Journal, Crime And Punishment, NACDL


Non-Sequiturs: 10.14.18

* Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh's brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS] * And Joel Cohen looks at how Justice Kavanaugh's confirmation fight might affect his judging of the accused. [Law and Crime] * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill] * Jemele Hill points out the support and sympathy for Justice Kava...
Tags: Supreme Court, Law, Scotus, Atlantic, Death Penalty, Courts, Capital punishment, Federal Judges, Aba, Hill, Adam Feldman, Kavanaugh, Alex Spiro, Daniel Hemel, Quinn Emanuel, Pedro Hernandez


Dissension in ACLU ranks over NRA brief

Last month we noted that the ACLU had filed a brief on the side of the NRA in its regulatory-retaliation First Amendment suit against New York Gov. Andrew Cuomo. The brief “strikes me as quite sound legally,” writes Eugene Volokh, who quotes and annotates its text. But the action has roused passionate opposition within the organization itself, reports Mark Joseph Stern at Slate. For example, the ACLU’s New York affiliate declined to join the brief and its officials issued a public statement crit...
Tags: New York, Guns, Law, Uncategorized, Aclu, Cuomo, Nra, Mark Joseph Stern, Eugene Volokh, New York Gov Andrew Cuomo, Pro Bono, Scott Greenfield, Howard Wasserman, Regulatory Retaliation


Packing light at the Supreme Court?

Proposals for just a little bit of Court-packing — just a balancing! — are no more stable than the more blatant kind. “There is no magic bullet that will enable either Democrats or Republicans [to] stealthily pack the Supreme Court without risking retaliation in kind.” [Ilya Somin on the Ian Ayres / John Fabian Witt plan; related, Howard Wasserman] Tags: judicial nominations, Supreme Court Packing light at the Supreme Court? is a post from Overlawyered - Chronicling the high cost of our...
Tags: Supreme Court, Law, Uncategorized, Ilya Somin, Judicial Nominations, Howard Wasserman, Ian Ayres John Fabian Witt, Supreme Court Packing