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Thursday round-up

The court is expected to release one or more opinions in argued cases on Thursday morning. For a list of all argued cases for the current term, click here. Here’s a round-up of Supreme Court-related news and commentary from around the web: The Supreme Court After Trump (Linda Greenhouse, The New York Times) This Dog Won’t Hunt: Texas’s Wrong-headed Argument against Clergy for the Condemned (Eric Rassbach & Chris Pagliarella, National Review) Abortion drug ruling highlights Trump’s wins on the...
Tags: Texas, Supreme Court, Law, Trump, Round-up, Ian Millhiser, Josh Gerstein, Joan Biskupic, Amy Coney Barrett


Wednesday round-up

Here’s a round-up of Supreme Court-related news and commentary from around the web: (Jess Bravin, The Wall Street Journal) Religion, Abortion, Guns And Race. Just The Start Of A New Supreme Court Menu (Nina Totenberg, NPR) The decline and fall of the American death penalty (Ian Millhiser, Vox) Supreme Court to Address Class Action Standing in Ramirez Case: To Recover, Must Absent Class Members Establish Actual Injury? (Anna McLean & Michael Lundholm, Lexology) We rely on our readers to send ...
Tags: Supreme Court, Law, Round-up, Jess Bravin, Ian Millhiser, Vox Supreme Court, Anna McLean Michael Lundholm Lexology


Tuesday round-up

Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Court won’t revive Kansas voting law requiring proof of citizenship (Robert Barnes, The Washington Post) Supreme Court takes sides in interstate river flow fight (Pamela King, E&E News) Supreme Court puts off ruling on Trump census case to exclude undocumented immigrants (Pete Williams, NBC News) Why Trump’s attempt to steal the election was too much even for Republican judges (Ian Millhiser, Vox) Anothe...
Tags: Supreme Court, Law, Kansas, Trump, Round-up, Robert Barnes, Edwards, Ian Millhiser, Pete Williams, Vannoy, Washington Post Supreme Court, Daniel Cotter, Walter Olson Cato, Pamela King E E News Supreme Court, NBC News Why Trump, Apodaca Kent Scheidegger


Thursday round-up

It’s a busy Thursday at the Supreme Court. In the morning, the court may release opinions. In the afternoon, responses are due from four states whose election results are being challenged in a long-shot case filed by Texas. And the court also must act on a request for a stay of execution filed by Brandon Bernard, who is scheduled to be executed by the federal government on Thursday evening. If the court, as expected, releases opinions at 10 a.m. EST, those opinions would be the first in argued...
Tags: New York, Texas, Supreme Court, Law, Pennsylvania, Wisconsin, Biden, Trump, Round-up, Bernard, Ian Millhiser, Tucker Higgins CNBC, Brandon Bernard, Georgia Michigan Pennsylvania, Antonin Scalia Jacob Finkel Slate Justice Alito, Barak Corren


Ask the author: Hamilton and the Law (and the court)

Hamilton content? Hamilton content! Hardly any topic is more ubiquitous these days than Lin-Manuel Miranda’s smash musical. Fans, academics, artists and writers of all stripes – even Supreme Court justices – have found cause to analyze or drop references to it. Seemingly the only platform it hasn’t graced is SCOTUSblog. That is, until now. With Hamilton and the Law, released in October from Cornell University Press, editor Lisa Tucker has invited 32 luminaries from across the legal profession to...
Tags: Facebook, New York Post, Featured, Supreme Court, Law, Obama, Congress, Senate, White House, New York City, America, Hawaii, Harper Lee, Philadelphia, Miranda, Ruth Bader Ginsburg


Friday round-up

After a series of late Thursday-night orders that cleared the way for the federal government to carry out the latest execution of a person on death row, the Supreme Court meets Friday morning for its weekly private conference to consider pending petitions seeking the court’s review. Among the petitions slated to be discussed are two that were relisted from last week’s conference: one involving the “community caretaking” exception to the Fourth Amendment, and the other involving the authority of ...
Tags: Supreme Court, Law, Colorado, America, Philadelphia, Round-up, Ian Millhiser, Michael Wein, Hank Lacey Law


Thursday round-up

The Supreme Court made key decisions Wednesday in election disputes in two battleground states. The court declined to weigh in before the election on a Republican effort to eliminate a three-day extension of the absentee-ballot deadline in Pennsylvania, and the court also turned down a Republican effort to block a six-day extension of the absentee-ballot deadline in North Carolina. In the Pennsylvania case, Justice Samuel Alito wrote that the court could still decide the validity of late-arrivin...
Tags: Supreme Court, Law, Pennsylvania, Republican, North Carolina, Round-up, Ian Millhiser, Nina Totenberg, Alito, Samuel Alito, Gorsuch, Amy Coney Barrett, Jonathan Harkavy, Pennsylvania North Carolina, Boden Elizabeth Slattery, Chiraag Bains Slate The Supreme Court


Friday round-up

Coverage and commentary on President Donald Trump’s expanded list of potential Supreme Court nominees continues. NPR’s Nina Totenberg examines how some of the new candidates differ from those on previous iterations of the list. “While the previous three lists included just one elected politician and no administration officials, this list includes three U.S. senators — all fire-breathing conservative Republicans,” Totenberg reports. “All three have, directly or indirectly, criticized Chief Justic...
Tags: Texas, Supreme Court, Law, California, Barack Obama, New York Times, Fda, Npr, Donald Trump, Greenhouse, Trump, Round-up, Bush, John Roberts, Mark Joseph Stern, Coyle


Wednesday round-up

The Supreme Court on Tuesday again stepped in to prevent coronavirus-related changes to state election rules. The justices issued an emergency ruling freezing a lower court’s order that would have loosened the requirements for a government-reform coalition in Oregon to add a proposed state constitutional amendment to the state’s November ballot. Amy Howe breaks down the issue in a story for SCOTUSblog that was first published at Howe on the Court. The ruling is the latest in a series of COVID-re...
Tags: Supreme Court, Law, Oregon, Vox, Rhode Island, Round-up, Howe, Ian Millhiser, Roberts Court, Friedman, Elena Kagan, National Collegiate Athletic Association, Amy Howe, Steve Vladeck, Adam Cox, Hill Lawrence Friedman


Friday round-up

Briefly: In a Washington Post opinion piece, Leah Litman argues that President Donald Trump’s Tuesday executive order – which seeks to exclude undocumented immigrants from the 2020 census count used to determine congressional representation – confirms that the administration’s arguments before the Supreme Court in last year’s census case, Department of Commerce v. New York, were pretextual. The administration “did not want to collect citizenship information to enforce the Voting Rights Act, as ...
Tags: New York, Supreme Court, Law, Congress, Washington Post, Evans, Oklahoma, Donald Trump, Ruth Bader Ginsburg, Round-up, Ian Millhiser, Department of Commerce, Litman, Leah Litman, McGirt, Purkey


Thursday round-up

At Bloomberg, Greg Stohr reports that the court “will end its term Thursday morning with historic rulings that will probably determine whether the public sees President Donald Trump’s long-hidden financial records before the November election.” For The New York Times, Adam Liptak looks at the two cases involving the president’s records, “one concerning subpoenas from House committees, the other a subpoena from the Manhattan district attorney, Cyrus R. Vance Jr., a Democrat.” Yesterday the court ...
Tags: Texas, Supreme Court, Law, Congress, Court, Bloomberg, Cnn, Pennsylvania, House, New York Times, Manhattan, Fox News, Catholic, The New York Times, Illinois, Vox


Monday round-up

As Amy Howe reports for this blog, on Friday “the Supreme Court declined to intervene in challenges by churches in southern California and the Chicago area to stay-at-home orders issued as a result of the COVID-19 crisis”: “[T]he justices were closely divided in the California case, [South Bay United Pentacostal Church v. Newsom], with Chief Justice John Roberts casting the deciding vote and writing a late-night opinion to explain his decision to deny relief.” At Education Week’s School Law Blog...
Tags: Supreme Court, Law, California, Washington Post, Chicago, New York Times, New Jersey, Department Of Justice, Vox, Kevin Johnson, Department Of Homeland Security, University Of California, Wall Street Journal, Economist, Round-up, John Roberts


Thursday round-up

The latest episode of Bloomberg Law’s Cases and Controversies podcast “highlights an issue that’s been piling up on the high court’s docket: Qualified immunity, the legal doctrine that serves to shield law enforcement from liability even in the face of the most egregious allegations of civil rights violations.” At Slate, Mark Joseph Stern notes the “emerging, cross-ideological consensus that the court’s jurisprudence here has spiraled out of control,” and he hopes the court will grant one of the...
Tags: Supreme Court, Law, Obama, California, Senate, White House, Chicago, Sudan, Vox, Donald Trump, Round-up, Mark Joseph Stern, Arizona Republic, Ian Millhiser, Adam Feldman, Clarence Thomas


Thursday round-up

Amy Howe analyzes yesterday’s arguments in Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots, for this blog, in post that first appeared at Howe on the Court. Ariane de Vogue reports at CNN that “[b]y the end of arguments, some justices seemed prepared to reject arguments from lawyers for so-called faithless ele...
Tags: New York, Supreme Court, Law, Washington Post, Washington, Nbc News, Bloomberg, Cnn, Npr, Republican, Vox, ABA Journal, Trump, Round-up, John Roberts, Josh Blackman


Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots. Amy Howe previewed the cases for this blog, in a post that first appea...
Tags: New York, Supreme Court, Law, Congress, Colorado, Washington Post, Washington, Bloomberg, United States, House, New York Times, Manhattan, Fox News, Michigan, Npr, Oklahoma


Monday round-up

This morning the justices will begin the last week of oral arguments for October Term 2019 with telephonic arguments in two cases. The first is McGirt v. Oklahoma, which asks whether Oklahoma had jurisdiction to prosecute a crime committed by a member of the Seminole Tribe within the historical boundaries of the Creek Indian reservation in eastern Oklahoma. Ronald Mann previewed the case for this blog. Philip Duggan and Robert Reese Oñate have a preview at Cornell Law School’s Legal Information ...
Tags: Supreme Court, Law, Washington Post, Los Angeles, Bloomberg, Cnn, United States, New Jersey, Oklahoma, Usa Today, Donald Trump, Los Angeles Times, Cornell, Trump, Round-up, Reuters


Thursday round-up

Amy Howe analyzes yesterday’s argument in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate, for this blog, in a post that first appeared at Howe on the Court. At Fox News, Bill Mears and Ronn Blitzer report that “[a]t issue before the court Wednesday were challenges to Trump administration rules making it easier for some for-profit companies and religio...
Tags: Supreme Court, Law, Politico, Court, Nbc News, America, Georgia, Bloomberg, Cnn, Pennsylvania, Fox News, Epa, Npr, Vox, Donald Trump, Ruth Bader Ginsburg


Wednesday round-up

This morning the justices have two cases on their telephonic-argument agenda. First up is Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Kayla Anderson and Prachee Sawant have a preview at Cornell Law School’s Legal Information Institute. At NPR, Nina Toten...
Tags: Supreme Court, Law, California, Court, Ap, Pennsylvania, United States, Fox News, Npr, Usa Today, Ruth Bader Ginsburg, Baltimore, Usaid, Cornell, Economist, Round-up


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


Thursday round-up

Court-watchers and advocates are gearing up for next week’s unprecedented telephonic Supreme Court arguments. For USA Today, Richard Wolf reports that “[f]or a court that clings to tradition more than the British monarchy – where male government lawyers wear morning coats, quill pens pass for souvenirs and e-mail has increased only because of social distancing – its choice of telephonic hearings[, to begin on Monday,] came as a surprise to many.” At Bloomberg Law, Jordan Rubin and Kimberly Robin...
Tags: Supreme Court, Law, Congress, Oregon, Court, Georgia, Bloomberg, Pennsylvania, United States, Louisiana, Usa Today, The Washington Post, Justice Department, Trump, Round-up, Robert Barnes


Tuesday round-up

Yesterday the court released three opinions. By a vote of 6-3, the court dismissed as moot a Second Amendment challenge to New York City’s now-repealed limits on transporting personal firearms, in New York State Rifle & Pistol Association Inc. v. City of New York, New York. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Education Week’s School Law Blog, Mark Walsh reports that the decision “sidestepped a potentially major ruling on gun rights ...
Tags: Supreme Court, Law, Obamacare, Congress, Oregon, New York City, Court, Georgia, Bloomberg, Pennsylvania, United States, House, Npr, Louisiana, Usa Today, Wall Street Journal


Friday round-up

Yesterday the Supreme Court released three more decisions. In County of Maui, Hawaii v. Hawaii Wildlife Fund, the court held 6-3 that a Clean Water Act permit is required for either a direct discharge of pollutants into navigable waters or its functional equivalent. Lisa Heinzerling analyzes the opinion for this blog. At Bloomberg Law, Ellen Gilmer and Amena Saiyid report that “[t]he decision narrows an environmentalist-favored standard an appellate court adopted in 2018, but rejects the industr...
Tags: Supreme Court, Law, Congress, Court, Bloomberg, United States, Hawaii, Wisconsin, Npr, Christian, Louisiana, Vox, CWA, Foley Hoag, Round-up, John Roberts


Wednesday round-up

Joan Biskupic writes at CNN that the court’s ruling Monday in Republican National Committee v. Democratic National Committee, which blocked a lower court order extending the deadline for mailing absentee ballots in Wisconsin’s election because of the coronavirus pandemic, “reflects Chief Justice John Roberts’ cramped view of voting rights in America, a long-held position that has often favored Republican interests.” At Vox, Ian Millhiser argues that “the Court’s decision in Republican suggests t...
Tags: Supreme Court, Law, US, America, Cnn, Atlantic, Gop, Wisconsin, Kansas, Miami, Republican, Vox, Republican National Committee, Wall Street Journal, Round-up, Sonia Sotomayor


Thursday round-up

At the NCSL Blog, Lisa Soronen looks at Comcast v. National Association of African American-Owned Media, in which the court ruled unanimously that a plaintiff who sues for racial discrimination in contracting under federal law has to plead and prove that race was a but-for cause of his injury. At Vox, Ian Millhiser writes that the “consensus in Comcast signals that the liberal justices may have shifted into triage mode, accepting that some incursions on civil rights are no longer worth resisting...
Tags: Supreme Court, Law, Congress, United States, Comcast, Kansas, Avery, Vox, Round-up, Cooper, Allen, Ian Millhiser, NCSL, Lisa Soronen, New York Times Linda Greenhouse, the Court


Friday round-up

Yesterday the Supreme Court announced that the court building would be closed to the public until further notice, but would remain “open for official business.” Amy Howe covers the announcement for this blog, in a post that first appeared at Howe on the Court. Also at this blog, Katie Bart and Kalvis Golde put the announcement in historical perspective. Jess Bravin reports for (subscription required) that the court “is next scheduled to hear oral arguments on March 23, beginning a two-week sit...
Tags: Google, New York, Supreme Court, Law, Washington, Mexico, China, Court, Atlantic, United States, Missouri, House, Kansas, Louisiana, Vox, Ruth Bader Ginsburg


Thursday round-up

Yesterday the Supreme Court heard argument in one of this term’s major cases, June Medical Services v. Russo, which involves a challenge to a Louisiana law requiring physicians who perform abortions to have admitting privileges at a nearby hospital. Amy Howe analyzes the argument for this blog, in a post that first appeared at Howe on the Court. Mark Walsh has a “view” of the argument from the courtroom for this blog. For The Washington Post (subscription required), Robert Barnes and Ann Marimow...
Tags: Texas, Supreme Court, Law, Washington Post, Senate, Court, Cnn, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Vox, Department Of Homeland Security, Wall Street Journal


Tuesday round-up

This morning the justices have two oral arguments on their agenda. The first is in Seila Law v. Consumer Financial Protection Bureau, a high-profile constitutional challenge to the structure of the CFPB. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Gabrielle Kanter and Joseph Grosser have a preview for Cornell Law School’s Legal Information Institute. At Subscript Law, Michael Hollingsworth provides a graphic explainer. Nina Totenberg reports at ...
Tags: Google, Supreme Court, Law, Congress, California, Washington Post, Washington, Politico, Court, Cnn, New York Times, House Of Representatives, SEC, Fox News, Npr, Las Vegas


Friday round-up

Seila Law v. Consumer Financial Protection Bureau, a constitutional challenge to the structure of the CFPB that will be argued next week, is dividing commentators. At Vox, Ian Millhiser worries that the court may use the case “to fundamentally alter the balance of power between the president and the federal government’s ‘independent’ agencies.” At the Pacific Legal Foundation blog, Oliver Dunford hopes that “the Court’s ultimate decision will rein in the unchecked power of the CFPB and ensure ou...
Tags: Florida, Supreme Court, Law, Washington Post, White House, United States, North Dakota, New York Times, Arizona, Usa Today, Vox, Donald Trump, George W Bush, Round-up, U S Supreme Court, McKinney


Thursday round-up

The court released three more opinions yesterday, all of them unanimous. In Holguin-Hernandez v. United States, the court held that a criminal defendant is not required to object formally to his sentence to preserve a challenge to the length of the sentence on appeal. Rory Little analyzes the opinion for this blog. The justices decided in Shular v. United States that a state drug offense is not required to match the elements of a generic analogue offense in order to qualify as a “serious drug of...
Tags: Supreme Court, Law, Washington Post, Court, US, United States, North Dakota, Arizona, Npr, Louisiana, Vox, Smith, Chevron, Justice Department, US supreme court, Round-up


Wednesday round-up

The justices have one oral argument on their agenda this morning, in Lomax v. Ortiz-Marquez, about whether dismissal without prejudice for failure to state a claim counts as a “strike” under a federal statute that limits prisoners’ ability to file lawsuits without paying the filing fees. Margo Schlanger previewed the case for this blog. Emma Horne and Nicole Jaeckel have a preview at Cornell Law School’s Legal Information Institute. Yesterday, the justices boosted their disposition rate for th...
Tags: Supreme Court, Law, Congress, Washington Post, Ap, United States, New York Times, Arizona, Fox News, Philadelphia, Vox, Ruth Bader Ginsburg, Forest Service, Trump, Round-up, Thomas