Posts filtered by tags: John `` Roberts[x]


 

Reargument analysis: Justices seek a “middle position” in takings litigation case

During yesterday’s argument in Knick v. Township of Scott – the second time the court has heard the case this term – the justices seemed to be looking for a compromise position. The court granted review in the case to decide whether to overrule a 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, which requires local-government takings plaintiffs to follow the state’s compensation procedures before alleging a taking in federal court. Williamson County is controversi...
Tags: Featured, Law, Congress, San Francisco, Pennsylvania, United States, Francisco, Sachs, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Argument analysis: Justices have strong views about removal of class actions

Yesterday morning’s argument in Home Depot U.S.A. v. Jackson was a notable one, as Justice Elena Kagan brought a strong view of the case to the bench and proceeded to dominate the argument. The case involves the removal of litigation from state court to federal court. Under Section 1441 (and predecessor provisions dating back to the 18th century), “the defendant or the defendants” generally has a right to remove “any civil action brought in a State court of which the [federal] district courts ha...
Tags: Home Depot, Featured, Law, Congress, Citibank, Jackson, Sonia Sotomayor, John Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito, Goldstein Russell


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals, Sotomayor, Stephen Breyer


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected)

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Corrections, United, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals


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


DHS responds to Pelosi's request to delay the State of the Union address for security concerns

Senior DHS official says the Secret Service is ready for President Trump's State of the Union on January 29 and that no one from Nancy Pelosi's office checked with the Secret Service before requesting delay; chief White House correspondent John Roberts reports.
Tags: News, White House, Dhs, Secret Service, Nancy Pelosi, Trump, John Roberts, Pelosi


Wednesday round-up

This morning the Supreme Court wraps up its January session with oral arguments in two cases. First on the agenda is a reargument in Knick v. Township of Scott, Pennsylvania, which asks whether the court should reconsider a precedent that requires property owners to exhaust state remedies before bringing federal takings claims under the Constitution. Miriam Seifter had this blog’s preview. Isaac Syed and Yuexin Angela Zhu preview the case for Cornell Law School’s Legal Information Institute. The...
Tags: Supreme Court, Law, Kentucky, Court, United States, Tennessee, Faa, Round-up, TVA, U S Supreme Court, John Roberts, Mark Joseph Stern, Blair, Howe, Ian Millhiser, Samuel Alito


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


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


Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases

The week’s second argument, Rimini Street v. Oracle USA, has the justices considering the scope of fees available to a prevailing party in litigation under the federal Copyright Act. Sitting for the second week without Justice Ruth Bader Ginsburg, the bench was remarkably quiescent. To the extent the justices evinced any strong interest in the case, they seemed skeptical about allowing broad fee awards. The case calls for a reading of Section 505 of the Copyright Act, which defines the recove...
Tags: Featured, Law, Congress, Court, Ruth Bader Ginsburg, Paul Clement, Sonia Sotomayor, John Roberts, Perry, Roberts, Sotomayor, Elena Kagan, Kagan, RIMINI, Clement, Mark Perry


Experts Predict New SCOTUS Majority Will Take On Extreme Gerrymandering

The Supreme Court is slated to hear two blockbuster cases involving extreme partisan gerrymandering this spring—the last best chance for the nation’s highest court to take action on this pivotal issue before the 2020 census and once-a-decade redistricting process the following year. With swing vote Anthony Kennedy retired from the bench and Justice Brett Kavanaugh cementing the court’s 5-4 conservative majority, there’s a legitimate fear that their ruling may not institute a fairer system. Af...
Tags: News, Maryland, Supreme Court, Atlantic, Pennsylvania, Gop, Wisconsin, Republican, North Carolina, Smith, Kennedy, Martin O'malley, Wolf, Democratic, Allegra Kirkland, Democratic Party


Dueling Woodstocks: Two Festivals To Celebrate 50th Anniversary On Same Days

Two major festivals just miles apart will celebrate the 50th Anniversary of the iconic Woodstock Festival on the same days. One will be produced by the original Woodstock promoters and the other by Live nation will be held on the original Woodstock site. Heren courtesy of our partners at CelebrityAccess are the stories of each of the dueling Woodstocks. Woodstock 2019 Officially Announced Woodstock 1969’s Co-Producer and Co-Founder Michael Lang on Wednesday officially confirmed the...
Tags: Music, Woodstock, Music Business, Live & Touring, Concerts, Bruce Houghton, John Roberts, Bethel, Bethel Woods, LANG, Watkins Glen International, Watkins Glen, Summer Jam, Michael Lang, Kornfeld, Darlene Fedun


Empirical SCOTUS: Which Supreme Court cases are generating the most interest?

This Supreme Court term, like the past several before it, has been slow out of the gates. It also marks another term with a new justice – this time Justice Brett Kavanaugh. The justices often find consensus both early on in a term and after a largescale change, defining or redefining their jurisprudential boundaries only later. The justices have released five decisions in argued cases so far, all of them free even from concurrences. This is a new high count for unanimous decisions without a conc...
Tags: Google, Supreme Court, Law, Alabama, Indiana, Pepper, United States, New York Times, Madison, Apple Inc, Hyatt, American Legion, Frank, John Roberts, Murphy, Weyerhaeuser


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


A “view” from the courtroom: Comity Central

This term of the court has had plenty of arguably boring cases on statutory interpretation, pre-emption and procedure. But every now and then a low-key case comes along that results in an argument amounting to a heady constitutional seminar. Today’s lone case for argument, Franchise Tax Board of California v. Hyatt, will be one of those. Seth P. Waxman for petitioner (Art Lien) When the court takes the bench, Justice Ruth Bader Ginsburg is again absent as she recuperates from her recent lu...
Tags: New York, Featured, Maryland, Supreme Court, Law, California, Georgia, United States, Hawaii, Social Security, Broadway, Nevada, University Of California Berkeley, Social Security Administration, Ruth Bader Ginsburg, Hall


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: Justices wade deep into the copyright weeds

Tuesday’s argument in Fourth Estate v. Wall-Street.com featured competing interpretations of the phrase “registration of the copyright claim has been made” in 17 U.S.C.§ 411(a), which requires copyright registration as a prerequisite for filing an infringement suit. Because much of the argument focused on niceties of textual interpretation, I’ll quote the language of the relevant subsection: [N]o civil action for infringement of the copyright in any United States work shall be instituted until p...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Copyright Office, Sonia Sotomayor, John Roberts, Ellis, U S Court of Appeals, Elena Kagan, Kagan, Kavanaugh, 11th Circuit, Fourth Estate


Argument analysis: Justices grapple with preclusion and “occupation” in Crow Tribe treaty case

On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians, and the meaning of...
Tags: Featured, Minnesota, Supreme Court, Law, Wyoming, Sonia Sotomayor, Ward, John Roberts, Roberts, Liu, Randy, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Mille Lacs


Unnamed corporation seeks to file petition for review in grand jury dispute (UPDATED)

UPDATE: Just a few hours after the unnamed corporation appealed to the Supreme Court, the justices denied the company’s request to put the lower court’s order requiring it to provide the information or pay penalties on hold. The justices also vacated the temporary stay that Chief Justice John Roberts had imposed on December 23. There were no recorded dissents from the order, and no explanation for the ruling. However, one factor in the decision whether to grant such a request is whether there is...
Tags: Featured, Supreme Court, Law, Canada, John Roberts, D C Circuit, Howe, Guantanamo Bay Cuba, National Law Journal, Robert Mueller, Tony Mauro, What's Happening Now, Djamel Ameziane


Appeals Court Posts Redacted Opinion In Mystery Mueller-Linked Grand Jury Case

An appeals court on Tuesday publicly posted, with redactions, its opinion upholding a subpoena believed to be linked to special counsel Robert Mueller’s investigation that a foreign-owned company has sought to quash. That court had rejected the unknown company’s argument, as was previously indicated in a vaguely-worded judgement last month. The opinion handed down Tuesday is a per curium opinion — meaning coming from the whole panel of judges, rather than written by a specific judge. Appellat...
Tags: News, Supreme Court, Appeals Court, Tierney Sneed, John Roberts, Robert Mueller, Stephen Williams, Muckraker


SCOTUS Won’t Block Order For Company To Comply With Mueller-Linked Subpoena

The Supreme Court Tuesday said that it would not halt lower courts’ orders that an unknown foreign-owned company comply with a subpoena believed to be linked to special counsel Robert Mueller’s investigation. Chief Justice John Roberts had previously halted the orders — included accruing fines for the company for continuing to defy the subpoena — while responses were filed to the company’s request that the Supreme Court intervened. Tuesday’s order from the court said that administrative stay ...
Tags: News, Supreme Court, Russia, Tierney Sneed, John Roberts, Robert Mueller, Muckraker


Supreme Court declines to intervene in Virginia redistricting dispute

Today the Supreme Court rejected a request by Virginia legislators to put lower-court proceedings in a case challenging the legislative districts drawn for the state’s House of Delegates as the product of unconstitutional racial gerrymandering – that is, the idea that legislators relied too much on race when drawing the maps — on hold until the justices rule on the case. Today’s order means that a federal district court’s efforts to create a new map, with the assistance of a voting-rights expert...
Tags: Featured, Supreme Court, Law, California, Virginia, House, State, John Roberts, House of Delegates, Howe, Merits Cases, Virginia House of Delegates, Bethune Hill, Court The post Supreme Court


The Public Might Soon Get More Info In Mystery Mueller-Tied Grand Jury Case

After weeks in which filings related to a secret grand jury case linked to the special counsel probe were submitted out of the public view, it appears that more may soon become known about the case. The appellant in the case Tuesday asked the Supreme Court allow it to file its appeal under seal but notably with a redacted version for the public record. It is not specified whether the appellant in the case is a foreign-owned company resisting a grand jury subpoena or prosecutors. However, give...
Tags: News, Supreme Court, White House, Politico, Trump, Tierney Sneed, John Roberts, Roberts, D C Circuit, Mueller, Muckraker


U.S. top court's Ginsburg misses oral arguments again

U.S. Supreme Court Justice Ruth Bader Ginsburg's first absence from the bench extended into a second day on Tuesday as the 85-year-old jurist continued her recovery from lung cancer surgery at home. Although Ginsburg did not attend the oral arguments, she will participate in the cases and rulings by using the briefs and oral argument transcripts, Chief Justice John Roberts announced from the bench. Ginsburg, who joined the court in 1993, underwent a surgical procedure called a pulmonary lobect...
Tags: New York, Science, Ruth Bader Ginsburg, U S Supreme Court, John Roberts, Ginsburg, Memorial Sloan Kettering Cancer Center


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


Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest. Gregory Ablavsky previewed the case for this blog. Cecilia Bruni and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. At Bloomberg Law, Jordan Rubin reports that this is “the third high court clash this term asking the justices to parse an old treaty’s modern e...
Tags: Supreme Court, Law, Ap, United States, Wyoming, Missouri, House Of Representatives, Davis, Sudan, Usa Today, Donald Trump, Ruth Bader Ginsburg, Doj, The Washington Post, Cornell, Trump


"RBG", US top court justice, misses new session

Justice Ruth Bader Ginsburg was absent at the resumption of Supreme Court hearings Monday, recovering at home from cancer surgery at age 85. A linchpin of the court's liberal wing, Ginsburg is said to have never missed a hearing since her appointment to the high court 25 years ago. "Justice Ginsburg is unable to be present today, but will participate in the consideration and decision of the cases on the basis of the briefs and the transcripts of oral arguments," chief justice John Roberts said...
Tags: News, Supreme Court, US, Ruth Bader Ginsburg, John Roberts, Ginsburg


U.S. high court's Ginsburg misses arguments after cancer surgery

Justice Ruth Bader Ginsburg on Monday missed oral arguments for the first time since joining the U.S. Supreme Court in 1993 as the 85-year-old liberal jurist continues to recuperate from lung cancer surgery last month. Chief Justice John Roberts addressed Ginsburg's absence before the first of the day's two arguments in cases before the court, saying she was "unable to be present today." Ginsburg instead will work from home and use the case briefs and argument transcripts to participate in the ...
Tags: Science, Ruth Bader Ginsburg, U S Supreme Court, John Roberts, Ginsburg, Kathy Arberg


Ginsburg misses Supreme Court arguments for 1st time as she recuperates from cancer surgery

By MARK SHERMAN WASHINGTON  —  Justice Ruth Bader Ginsburg is missing arguments for the first time in more than 25 years as she recuperates from cancer surgery last month, the Supreme Court said. Ginsburg was not on the bench as the court met Monday to hear arguments. It was not clear when she would return to the court, which will hear more cases on Tuesday and Wednesday, and again next week. Court spokeswoman Kathy Arberg said the 85-year-old justice is continuing to recuperate and work from ho...
Tags: Health, New York, News, Supreme Court, Washington, Senate, Court, Uncategorized, Barack Obama, Sport, Soccer, Bill Clinton, Donald Trump, Ruth Bader Ginsburg, Trump, Mark Sherman


Still In Recovery, Ruth Bader Ginsburg Misses Oral Arguments For The First Time

U.S. Supreme Court Justice Ruth Bader Ginsburg was absent from the bench Monday, missing oral arguments for the first time since she joined the court 25 years ago. A Supreme Court spokesperson said that while the 85-year-old justice was not physically present for the arguments, she still was working from home as she continues to recover from last month's surgery.Ginsburg has always been a hard worker, even when she's faced health problems. Both in 1999 and 2009, when she underwent treatment for...
Tags: Fashion, Music, New York, Supreme Court, Donald Trump, Ruth Bader Ginsburg, First Time, U S Supreme Court, John Roberts, Ginsburg, John Paul Stevens, Tiffany Trump