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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


Justices are “in the process” of getting COVID vaccines; some have received both doses

Some Supreme Court justices, including Chief Justice John Roberts, have received both doses of the coronavirus vaccine, and the court says plans are in place for all nine justices to become fully vaccinated. Kathy Arberg, a spokesperson for the court, declined to say how many justices (or which ones) have not yet received both doses. She confirmed, however, that Roberts is among a group of “some” justices who have been given both doses of the Pfizer/BioNTech vaccine, which requires two shots adm...
Tags: Featured, Supreme Court, Law, Washington Post, Senate, Joe Biden, Cnn, House, Mitch McConnell, Nancy Pelosi, Biden, Donald Trump, John Roberts, Capitol, Roberts, Barrett


Tuesday round-up

The court will hear argument at 10 a.m. in a free-speech case that asks whether the government can render a lawsuit moot by ending an unconstitutional policy after the lawsuit is filed, even if the plaintiff is seeking a nominal amount of monetary damages — such as $1 — based on constitutional violations that occurred when the policy was still in place. Our preview of Uzuegbunam v. Preczewski is here. Here’s a round-up of Supreme Court-related news and commentary from around the web: Chief Ju...
Tags: Supreme Court, Law, Round-up, John Roberts, Joan Biskupic, Uzuegbunam, Preczewski, Lawrence Hurley Reuters Supreme Court, Texas Greg Stohr Bloomberg Supreme Court


Monday round-up

After issuing the term’s first four opinions in argued cases last Thursday — all of which were unanimous — the Supreme Court may release more opinions on Monday at 10 a.m. EST. A list of all the cases that have been argued so far this term is available here. Prior to the expected opinion release, the court will release orders from Friday’s private conference at 9:30. Here’s a round-up of other Supreme Court-related news and commentary from around the web: Supreme Court, Sort of Unanimously, R...
Tags: Texas, Supreme Court, Law, Npr, Biden, Trump, Round-up, Jonathan Adler, Joan Biskupic, Rick Hasen, Pamela King, CNN Supreme Court, Supreme Court Sort of Unanimously Rejects Texas, Election Law Blog Supreme Court, Nina Totenberg Barbara Sprunt, Tyler Olson Bill Mears Michael Ruiz Shannon Bream


Wednesday round-up

The Supreme Court meets telephonically on Wednesday for its final oral argument of 2020. In Collins v. Mnuchin, the justices will consider a lawsuit by shareholders of Fannie Mae and Freddie Mac who are challenging a 2012 agreement between the Treasury Department and the Federal Housing Finance Agency (which acts as a conservator for Fannie and Freddie). Though the issues related to the 2012 agreement are technical, the case also raises a broader question of presidential power: whether it was un...
Tags: Fcc, Supreme Court, Law, Congress, Pennsylvania, Collins, Trump, Round-up, Don, Freddie Mac, Treasury Department, Adam Liptak, Consumer Financial Protection Bureau, Fannie Mae, Joan Biskupic, Federal Housing Finance Agency


Friday round-up

The justices will meet Friday for a private conference to consider which, if any, cases should be added to the court’s docket. Among the petitions slated to be discussed are a pair of consolidated cases on the legality of Medicaid work requirements, a challenge to a Kansas law that requires applicants to prove U.S. citizenship when registering to vote, and a lawsuit against President Donald Trump alleging that he violated the First Amendment when he blocked critics on Twitter. A full list of the...
Tags: Supreme Court, Law, Kansas, Donald Trump, Medicaid, Round-up, Joan Biskupic, Ronald Brownstein, Alan Morrison Bloomberg Law The Supreme Court, Kate Bernot


Monday round-up

It’s not quite yet December, but the Supreme Court opens its December argument sitting on Monday morning with oral arguments in a pair of cases with broad ramifications: Trump v. New. York, the challenge to President Donald Trump’s plan to exclude people living in the country without authorization from the population totals used to reapportion congressional seats among the states; and Van Buren v. United States, the first time the court will weigh in on the wide range of digital conduct that is ...
Tags: New York, Supreme Court, Law, United States, Npr, Donald Trump, Trump, Round-up, Jess Bravin, Nina Totenberg, Van Buren, Mark Walsh, Joan Biskupic, Ellen Gilmer, Boden Elizabeth Slattery, Wall Street Journal The Supreme Court


Thursday round-up

Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Court Lies Low as Trump Keeps Pressing Election Claims (Greg Stohr, Bloomberg) The Supreme Court’s Pennsylvania Cleanup (Editorial Board, The Wall Street Journal) Key Justices Signal Support for Affordable Care Act (Adam Liptak, The New York Times) (Jess Bravin, The Wall Street Journal) Supreme Court Appears Likely To Uphold Obamacare (Nina Totenberg, NPR) Supreme Court Justice Brett Kavanaugh’s Vote...
Tags: Supreme Court, Law, Obamacare, Gop, Round-up, Adam Liptak, Barrett, Jonathan Adler, Joan Biskupic, Lisa Soronen, State Legislatures, Brett Kavanaugh, Mary Reichard, John Vlahoplus, Daniel Cotter, Supreme Court Lies Low


Tuesday round-up

It’s Obamacare day at the Supreme Court. In California v. Texas, which will be argued at 10 a.m. EST, the Affordable Care Act returns to the court for the seventh time in eight years. The case is the second full-fledged constitutional challenge seeking to invalidate the entire law (the first being National Federation of Independent Business v. Sebelius in 2012). Republican state officials, joined by the Trump administration, argue that Congress rendered the law’s individual insurance mandate unc...
Tags: Texas, Supreme Court, Law, Obamacare, Congress, California, Senate, Georgia, Atlantic, Trump, Round-up, U S Supreme Court, Nina Totenberg, Joan Biskupic, National Federation of Independent Business, Sebelius


Tuesday round-up: The confirmation of Amy Coney Barrett

Amy Coney Barrett will officially become the newest justice of the Supreme Court on Tuesday after being confirmed by the Senate 52-48 on Monday night. The swift confirmation of Barrett, who rose from a respected but little-known law professor to Supreme Court justice in just three years, “represented the culmination of a decades-long effort to move the ideological balance on the court solidly to the right.” At a ceremony outside the White House shortly after the Senate vote, Justice Clarence Tho...
Tags: Supreme Court, Law, Senate, White House, America, Pennsylvania, Wisconsin, Trump, Round-up, John Roberts, Supreme Court Trump, Barrett, Lyndon Johnson, Jonathan Adler, Steven Mazie, Clarence Thomas


Monday round-up

The Senate is expected to confirm Judge Amy Coney Barrett to the Supreme Court on Monday, and the White House is planning an outdoor swearing-in ceremony that could occur as soon as Monday night. Fifty-one votes are needed in the Senate to confirm Barrett, and Republicans, who hold a slim majority in the chamber, are expected to confirm her with no Democratic support. Barrett would fill the seat formerly held by Justice Ruth Bader Ginsburg, who died on Sept. 18. All of SCOTUSblog’s coverage of B...
Tags: Supreme Court, Law, Senate, White House, Pennsylvania, Gop, Wisconsin, Republican Party, North Carolina, Ruth Bader Ginsburg, Round-up, John Roberts, Barrett, Joan Biskupic, Amy Coney Barrett, Kenneth Jost Jost


Friday round-up

The justices are meeting Friday for a private conference, where they are taking a second look at petitions that ask them to weigh in on the funding for President Donald Trump’s border wall and a Fourth Amendment issue about police pursuit of a suspect. The court is expected to release orders from the conference on Monday. Meanwhile, the Senate is moving full steam ahead on the nomination of Judge Amy Coney Barrett to the Supreme Court. The Senate Judiciary Committee wrapped up its nomination hea...
Tags: Supreme Court, Law, Senate, Donald Trump, Round-up, Barrett, Michael Dorf, Steven Mazie, Clarence Thomas, Joan Biskupic, Amy Coney Barrett, Other Supreme Court, Supreme Court the Senate Judiciary Committee, Barrett Keisha Russell


Thursday round-up

The nomination hearings for Judge Amy Coney Barrett continued on Wednesday with a second day of questions and answers (or, mostly, non-answers) at the Senate Judiciary Committee. Senators pressed Barrett on an array of legal issues — from health care and abortion to section 230 of the Communications Decency Act — but she mostly avoided expressing any views on topics that could potentially come before the Supreme Court. Republicans expect to wrap up the nomination hearings Thursday, with a commit...
Tags: Supreme Court, Law, Virginia, Madrid, Loving, Trump, Round-up, Torres, Barrett, Mark Walsh, Barr, Joan Biskupic, Supreme Court Republicans, Carl Hulse, Isaac Chotiner, Amy Coney Barrett


Wednesday round-up

Supreme Court nominee Amy Coney Barrett spent all day on Tuesday taking questions from the Senate Judiciary Committee — and her would-be colleagues on the court had a very busy day of their own. The justices announced that they will hear a trio of consolidated cases asking them to decide whether, under the Constitution, administrative patent judges must be appointed by the president and confirmed by the Senate. They also granted an emergency request allowing the Department of Commerce to stop th...
Tags: Supreme Court, Law, Senate, United States, Madrid, Donald Trump, Briggs, Round-up, Senate Judiciary Committee, City of Chicago, Department of Commerce, Joan Biskupic, Amy Coney Barrett, Fulton Other Supreme Court, Amy Coney Barrett 's Supreme Court, Amber Phillips The Washington Post


Monday round-up

The Senate Judiciary Committee begins its hearings this week on the nomination of Judge Amy Coney Barrett to the Supreme Court. Monday’s hearing will start at 9 a.m. and will be dedicated to 10-minute opening statements from members of the committee, some of whom are expected to attend the hearing virtually. At the end of the day, Barrett is expected to deliver a brief of her own. SCOTUSblog will be live-tweeting the Barrett hearings on Twitter at @SCOTUSblog. Meanwhile, across the street from...
Tags: Supreme Court, Law, United States, Briggs, Round-up, Senate Judiciary Committee, Richard Wolf, Barrett, City of Chicago, Jamelle Bouie, David Rivkin, Joan Biskupic, Seung Min Kim, Amy Coney Barrett, Capitol the Supreme Court, Fulton Other Supreme Court


Tuesday round-up

The legal community continues to mourn Justice Ruth Bader Ginsburg with essays commemorating her life and her jurisprudence. At the same time, commentators are assessing what the new vacancy on the court means for the upcoming term — and how quickly that vacancy might be filled. Here is a sampling of the discourse: CNN’s Joan Biskupic looks back on “20 years of closed-door conversations” with Ginsburg. Michael Meltsner was in the room when, in 1972, faculty members at Columbia Law voted to hi...
Tags: Texas, Supreme Court, Law, California, Cnn, Fox News, Donald Trump, Ruth Bader Ginsburg, Round-up, Antonin Scalia, Ginsburg, Shannon Bream, National League of Cities, Richard Hasen, Joan Biskupic, Jeremy Jacobs


Monday round-up: Remembering Justice Ginsburg

The flags at 1 First Street are flying at half-staff, where they will remain for 30 days. A black wool crepe hangs over Justice Ruth Bader Ginsburg’s chair on the Supreme Court bench. And words of tribute and gratitude to the late justice are pouring in. Here is how the world is remembering Ginsburg’s life — and looking ahead to the battle over her seat on the court. Ginsburg obituaries: SCOTUSblog (written by Amy Howe and first published at Howe on the Court). The New York Times (written by L...
Tags: Supreme Court, Law, Washington Post, Washington, Senate, New York Times, Associated Press, Donald Trump, Ruth Bader Ginsburg, Wall Street Journal, Los Angeles Times, Economist, Trump, Round-up, Mark Sherman, New Republic


Thursday round-up

Supreme Court-related coverage on Wednesday focused on President Donald Trump’s announcement of 20 new additions to his list of potential nominees to the high court. In a story for SCOTUSblog (first published at Howe on the Court), Amy Howe explains the four different iterations of Trump’s list over the last four years and looks at some of the surprising new additions. In other coverage of the list, Adam Liptak of the New York Times notes that it “was issued although there is no current vacancy,...
Tags: Supreme Court, Law, Cnn, New York Times, Donald Trump, Wall Street Journal, Trump, Round-up, Josh Blackman, Howe, Adam Liptak, Jess Bravin, Hernandez, Mesa, Joan Biskupic, Amy Howe


Reports of the Reagan Era’s Death Are Greatly Exaggerated

For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-Brusky Taking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. While it treads over fairly well-trodden territory in its critique of the Roberts Court, Originalism, and the conservative ...
Tags: Supreme Court, Congress, White House, Virginia, Court, America, Reagan, Cnn, Gop, Ronald Reagan, Hawaii, Pentagon, Christian, Princeton University Press, Fdr, George W Bush


Tuesday round-up

This week marks the 10-year anniversary of Justice Elena Kagan’s confirmation to the Supreme Court, and USA Today’s Richard Wolf examines the heavy influence she has had during her first decade as a justice. Kagan’s ability to find common ground with conservative justices – and to pick her battles when she dissents – has helped the court maintain “most of its luster as the least political branch of the federal government,” Wolf writes. At the same time, the political branches continue to focus o...
Tags: Supreme Court, Law, Washington Post, Nbc News, Barack Obama, Joe Biden, Indiana, Cnn, Nevada, Circuit, Usa Today, Round-up, Wolf, John Roberts, Josh Blackman, Roberts


Thursday round-up

Justice Ruth Bader Ginsburg underwent a minimally invasive medical procedure, and the Trump administration asked the Supreme Court to allow it to continue using federal funds to build its border wall. Those were the two main stories from the court on Wednesday, and Amy Howe has the details on both of them. Ginsburg was back in the hospital for a common, non-surgical procedure to revise a bile duct stent that was originally placed last year, and she expects to be released from the hospital by the...
Tags: Supreme Court, Law, Cnn, Nevada, Oklahoma, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, Trump, Round-up, John Roberts, Josh Blackman, Vance, Roberts, Howe, Ginsburg


Supreme Court Justices as Leakers

Sir Humphrey Appleby once explained that "the ship of state is the only ship that leaks from the top." The same is true in the Supreme Court. Joan Biskupic's "inside" stories on CNN about the recently completed Term probably came from one or more of the Justices. This is not unprecedented. There were Justices who talked to Bob Woodward for The Brethren . There were Justices who leaked in the 1940s during the Jewell Ridge controversy. And so on.I don't have a strong view on this practice. I supp...
Tags: Supreme Court, Cnn, Branding, Bob Woodward, Joan Biskupic, Supreme Court Justices, Gerard N Magliocca, Humphrey Appleby, Jewell Ridge


Wednesday round-up

Briefly: CNN’s Joan Biskupic continues her series on the Supreme Court’s internal workings during its 2019-20 term. In her latest installment, Biskupic reports that Justice Brett Kavanaugh “urged his colleagues in a series of private memos this spring to consider avoiding decisions in major disputes over abortion and Democratic subpoenas for President Donald Trump’s financial records.” At Talking Points Memo, Ciara Torres-Spelliscy argues that the court’s rulings on subpoenas for Trump’s financ...
Tags: Supreme Court, Law, Cnn, Oklahoma, Donald Trump, Trump, Round-up, Josh Blackman, Vance, Kavanaugh, Joan Biskupic, Ciara Torres Spelliscy, Brett Kavanaugh, Neil Gorsuch, Summer Zervos, McGirt


Tuesday round-up

CNN’s Joan Biskupic has the scoop of the day (and perhaps the term) with Part 1 and Part 2 of a series that provides “exclusive new details about how the court handled its pivotal term that dealt with LGBTQ rights, abortion and investigating President Donald Trump.” The first two parts, based largely on interviews with unnamed sources, contain several revelations about Chief Justice John Roberts’ behind-the-scenes maneuvering as well as the complex internal wrangling that led to the Supreme Cour...
Tags: John Lewis, Supreme Court, Law, Court, Cnn, New York Times, Donald Trump, Maui, Round-up, Lewis, John Roberts, Roberts, Shelby County, McConnell, Holder, Jonathan Adler


John Roberts: Mr. First Amendment

Ronald Collins is the books editor for SCOTUSblog. He is the co-founder and co-chair of the First Amendment Salons and was formerly the Harold S. Shefelman scholar at the University of Washington School of Law. David Hudson, Jr. is an assistant professor of law at Belmont University. He is the author, co-author or co-editor of numerous books, and he has published widely on First Amendment issues. “I would never underestimate his ability to influence people.” – Joan Biskupic, discussing her book ...
Tags: Featured, Supreme Court, Law, Colorado, Massachusetts, Court, United States, Citizens United, Quinn, Price, Madison, Kennedy, Trump, Marshall, Thomas, Reed


Wednesday round-up

Two big stories generated substantial news coverage of the Supreme Court on Tuesday: the hospitalization of Justice Ruth Bader Ginsburg, and the court’s 5-4 ruling allowing the federal government to begin reinstating the death penalty after a 17-year de facto moratorium on federal executions. In a story for SCOTUSblog that was first published at Howe on the Court, Amy Howe reports that Ginsburg was admitted Tuesday morning to the Johns Hopkins Hospital in Baltimore with a possible infection afte...
Tags: Texas, Nbc, Supreme Court, Law, Washington Post, Washington, Cnn, Pennsylvania, New York Times, Dallas, Department Of Justice, Ruth Bader Ginsburg, Baltimore, Wall Street Journal, Round-up, Fallon


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 Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


Event announcement: Supreme Court in Review: View from the Press Gallery

On June 30, 2020, from 3-4:30 p.m. ET, the Washington Council of Lawyers will host a discussion on the 2019-2020 Supreme Court term and the court’s future under COVID-19, led by a panel of veteran court reporters: Robert Barnes of the Washington Post, Joan Biskupic of CNN and Amy Howe of Howe on the Court. The event will be moderated by Art Spitzer of ACLU-DC. The cost of this program is $10 for members of WCL or co-sponsoring organizations, $15 for public interest and government lawyers and $20...
Tags: Supreme Court, Law, Washington Post, Cnn, Aclu, Robert Barnes, Howe, Joan Biskupic, Amy Howe, WCL, Event Announcements, ET the Washington Council of Lawyers, Art Spitzer