Posts filtered by tags: Kagan[x]


 

Federal government executes Dustin Higgs, the 13th person to be killed since July. Justice Sonia Sotomayor writes scathing dissent: 'This is not justice.'

Supreme Court Chief Justice John Roberts, Supreme Court Associate Justice Anthony Kennedy, Supreme Court Associate Justice Stephen Breyer, Supreme Court Associate Justice Sonia Sotomayor and Supreme Court Associate Justice Elena Kagan look on as U.S. President Donald Trump addresses a joint session of the U.S. Congress on February 28, 2017 in the House chamber of the U.S. Capitol in Washington, DC. Trump's first address to Congress focused on national security, tax and regulatory reform, t...
Tags: Politics, Supreme Court, Congress, Washington, Court, US, Trends, House, Death Penalty, Department Of Justice, Johnson, Biden, Donald Trump, Justice Department, Death Penalty Information Center, Black


Court allows execution of Corey Johnson to proceed after COVID-19 diagnosis

The justices on Thursday night denied two last-minute appeals by Corey Johnson, who sought to postpone his execution so that he could recover from COVID-19, which he contracted in prison after spending most of his life on death row. Johnson also argued that he was ineligible for the death penalty on the basis of intellectual disability and that he should have been allowed to seek a sentencing reduction under a 2018 prison-reform law. In rejecting his appeals, the court cleared the final obstacle...
Tags: Featured, Maryland, Supreme Court, Law, Virginia, Indiana, Department Of Justice, Johnson, Donald Trump, Richmond, Trump, Higgs, D C Circuit, Sotomayor, Breyer, Elena Kagan


Reversing several lower courts, justices allow execution of Lisa Montgomery

The Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years. Montgomery was convicted in 2008 of strangling Bobbie Jo Stinnett, a Missouri woman who was eight months pregnant, and extracting the premature baby to pass off as her own child. In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts that had put Montgomery’s execution on hold, and i...
Tags: Featured, Supreme Court, Law, Joe Biden, Indiana, Missouri, Department Of Justice, Justice Department, Montgomery, Trump, Federal Bureau of Prisons, D C Circuit, U S Court of Appeals, Elena Kagan, Kagan, 7th Circuit


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


Trump and Republican officials have won zero out of at least 42 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed dozens of lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. They've notched zero victories, 38 cases where they've withdrawn or lost, and have four cases pending. Scroll down for a list of lawsuit...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, Congress, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Washington Dc, Liberty, Arizona


A Modest Proposal for Supreme Court Reform

The Supreme Court's argument calendars for January and February (quite light) provoke me to the following:               The prospect of large-scale changes in the Supreme Court, never great, disappeared on November 3. Here’s a suggestion for a more modest reform that will get the Court to contribute its fair share to the coming push to tighten the belts of our institutions.   Cut the number of law clerks justices can hire from four to two (with one extra for the Chief Jus...
Tags: Supreme Court, Washington, Court, Library Of Congress, Branding, Kagan, Calibri, Louis Brandeis, Justice Brandeis, Thurgood Marshall, Mark Tushnet, Modest Proposal for Supreme Court Reform


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


Trump and Republican officials have won zero out of at least 40 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed dozens of lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. They've notched zero victories, 36 cases where they've withdrawn or lost, and have four cases pending. Scroll down for a list of lawsuit...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Liberty, Arizona, Wisconsin, Philadelphia


Justices revive religious groups’ attempts to block COVID-related restrictions in Colorado, New Jersey

The Supreme Court on Tuesday tossed out a pair of lower-court rulings that had permitted states to enforce COVID-related restrictions at worship services. The two brief orders from the justices instruct the lower courts to take another look at religious groups’ challenges to restrictions in Colorado and New Jersey – and this time, the justices indicated, the lower courts should decide the challenges in light of the Supreme Court’s Nov. 25 ruling that lifted New York’s COVID-related limits on att...
Tags: New York, Featured, Supreme Court, Law, Colorado, Court, New Jersey, Sonia Sotomayor, Howe, Roman Catholic, Stephen Breyer, Elena Kagan, Kagan, Lakewood New Jersey, Jared Polis, Colorado New Jersey


Trump and his allies have won zero out of at least 39 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed dozens of lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. They've notched zero victories, 36 cases where they've withdrawn or lost, and have three cases pending. Scroll down for a list of lawsui...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Liberty, Arizona, Wisconsin, Philadelphia


Trump and Republican officials have won zero out of at least 39 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed dozens of lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. They've notched zero victories, 36 cases where they've withdrawn or lost, and have three cases pending. Scroll down for a list of lawsui...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Liberty, Arizona, Wisconsin, Philadelphia


Via 6-3 per curiam ruling, SCOTUS reinstates Arizona death sentence after finding Ninth Circuit "clearly violated [its] AEDPA jurisprudence"

The US Supreme Court issued this lengthy order list this morning, though much of its length comes from the Court's 13-page per curiam decision in Shinn v. Kayer, No. 19-1302 (S. Ct. Dec. 14, 2020) (available here). The Kayer case results from a murder committed more than a quarter century ago which resulted in an Arizona death sentence. The SCOTUS decision, from which Justices Breyer, Sotomayor, and Kagan dissented but without any opinion, vacates a Ninth Circuit reversal of the death sentence. ...
Tags: Law, Court, Arizona, US supreme court, Court of Appeals, Ninth Circuit, Kagan, Richter, Harrington, Shinn, United States Court of Appeals, Douglas A Berman, Breyer Sotomayor, Kayer


Justices allow execution of Alfred Bourgeois to proceed

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Justices Elena Kagan and Sonia Sotomayor indicated that they would have granted the application. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. Through his counsel, Bourgeois told the justices that he met the current psychological standards for intellectual dis...
Tags: Texas, Featured, Supreme Court, Law, Virginia, Indiana, Bourgeois, Atkins, Sonia Sotomayor, U S Court of Appeals, Sotomayor, Elena Kagan, Kagan, 7th Circuit, American Psychiatric Association, Terre Haute Indiana


US completes is second execution in as many days with lethal injection of Alfred Bourgeois

As reported in this AP piece, the "Trump administration continued its unprecedented series of post-election federal executions Friday by putting to death a Louisiana truck driver who severely abused his 2-year-old daughter for weeks in 2002, then killed her by slamming her head against a truck’s windows and dashboard."  Here is more: Alfred Bourgeois, 56, was pronounced dead at 8:21 p.m. Eastern time after receiving a lethal injection at the federal prison in Terre Haute, Indiana. His lawyers a...
Tags: Law, US, Joe Biden, Ap, Bourgeois, Louisiana, Cleveland, Donald Trump, Trump, The Supreme Court, Sotomayor, Kagan, Corpus Christi Texas, Terre Haute Indiana, Bureau of Prisons, Grover Cleveland


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


Argument analysis: Justices ponder narrow question in second look at arbitration dispute

Tuesday’s argument in Henry Schein Inc. v. Archer and White Sales Inc. was the second time the Supreme Court has considered this particular dispute about “gateway” arbitrability clauses: those that delegate to an arbitrator the authority to determine whether any particular dispute is subject to arbitration. The arbitration clause here – in a contract between two dental-equipment companies, Henry Schein Inc. and Archer and White Sales Inc. – excluded claims seeking equitable relief. When the part...
Tags: Featured, Supreme Court, Law, Archer, AAA, White, Henry Schein, Sonia Sotomayor, John Roberts, Roberts, U S Court of Appeals, Sotomayor, Elena Kagan, Kagan, Henry Schein Inc, Samuel Alito


Trump and his allies have won zero out of at least 38 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed dozens of lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. They've notched zero victories, 27 cases where they've withdrawn or lost, and have 11 cases pending. Scroll down for a list of lawsuits ...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Liberty, Arizona, Wisconsin, Philadelphia


Argument analysis: In Holocaust survivors’ lawsuit, justices probe history and limits of comity abstention

The first of two cases argued Monday, Republic of Hungary v. Simon, explored how courts should evaluate foreign-policy concerns in deciding whether to exercise jurisdiction over disputes involving foreign countries — and how much to defer to congressional choices in those decisions. Meanwhile, the potential ripple effects of the subsequently argued companion case, Federal Republic of Germany v. Philipp, loomed. Greg Silbert, for Hungary, and Sarah Harrington, for plaintiffs (Art Lien) Hung...
Tags: Featured, Law, Congress, Washington, Germany, Austria, Budapest, Hungary, United States, State Department, Jewish, Botswana, Simon, Sonia Sotomayor, John Roberts, Snyder


Trump and his allies have won zero out of at least 37 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed more than two dozen lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. They've notched zero victories, 25 cases where they've withdrawn or lost, and have 12 cases pending. Scroll down for a list of...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, Congress, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Liberty, Arizona, Wisconsin


Trump and his allies have won zero out at least 32 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed more than two dozen lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. They've notched zero victories, 22 cases where they've withdrawn or lost, and have 10 cases pending. Scroll down for a list of...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Liberty, Arizona, Wisconsin, Philadelphia


Ramos, Tasmanian tigers and Teague, oh my: SCOTUS debates retroactivity of jury unanimity rule in Edwards oral argument

The Supreme Court often seems to have a Wizard-of-Oz like quality, especially now that we are all behind a COVID curtain, and so I could not resist an Ozian title for this post noting today's interesting oral argument in Edwards v. Vannoy.   At issue in Edwards is whether the Court’s decision last Term in Ramos v. Louisiana, holding that the Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts, applies retroactively to cases that have already bec...
Tags: Supreme Court, Law, Oregon, Court, Tasmania, Louisiana, Ruth Bader Ginsburg, Justice Department, Puerto Rico, John Roberts, Edwards, Lane, Alito, Barrett, Stephen Breyer, Breyer


Argument analysis: Justices struggle to define boundaries of Anti-Injunction Act

Cameron T. Norris, counsel for CIC Services (Art Lien) The Supreme Court in Tuesday’s argument in CIC Services v. Internal Revenue Service tried to clarify the scope of the Anti-Injunction Act, which generally prohibits lawsuits seeking to block the assessment or collection of a tax. The case specifically asks whether a company can sue to block the enforcement of an IRS notice that imposes certain reporting requirements, or whether the company must wait and sue only after the IRS assesses tax ...
Tags: Featured, Law, Congress, Bond, AIA, South Carolina, Irs, Cic, Simon, Alexander, Sonia Sotomayor, APA, John Roberts, Internal Revenue Service, Alito, Barrett


Argument analysis: Complex retroactivity issues divide justices in jury-unanimity case

The Supreme Court heard oral argument on Wednesday in the case of Thedrick Edwards, a Louisiana man serving a life sentence for his role in a series of crimes in 2006. The jury that convicted Edwards, who is Black, was not unanimous; the lone Black juror voted to acquit him. In April 2020, the Supreme Court ruled in Ramos v. Louisiana that the Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts. The court in Ramos was divided on both the result a...
Tags: Featured, Supreme Court, Law, Oregon, Louisiana, Woods, Puerto Rico, Sonia Sotomayor, John Roberts, Edwards, Howe, Lane, Alito, Sotomayor, Elena Kagan, Kagan


Argument analysis: Justices seem inclined to put off ruling on merits of Trump’s plan for census data

The Supreme Court heard oral argument on Monday in Trump v. New York, the challenge to the Trump administration’s plan to exclude people who are in the United States illegally from the state-by-state breakdown used to allocate seats in the House of Representatives. The stakes are high in the case: If the justices allow the administration to implement the plan before it leaves office in January, states with large immigrant populations could lose political power, while states with fewer immigrants...
Tags: New York, Featured, Supreme Court, Law, Congress, United States, Commerce, House, House Of Representatives, Donald Trump, Wall, Ross, Trump, Ho, State, Sonia Sotomayor


Trump and his allies have won zero out at least 26 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed more than two dozen lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, and Pennsylvania. They've notched zero victories, 19 cases where they've withdrawn or lost, and have seven cases pending. Scroll down for a list of lawsuit...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Liberty, Arizona, Wisconsin, Philadelphia


Justices lift New York’s COVID-related attendance limits on worship services

The Supreme Court late Wednesday night granted requests from the Roman Catholic Diocese of Brooklyn and two Orthodox Jewish synagogues to block enforcement of a New York executive order restricting attendance at houses of worship. Both the diocese and the synagogues claimed that the executive order violated the right to the free exercise of religion guaranteed by the First Amendment, particularly when secular businesses in the area are allowed to remain open. Wednesday’s orders by a closely divi...
Tags: New York, Featured, Supreme Court, Law, California, Brooklyn, Nevada, Andrew Cuomo, Ruth Bader Ginsburg, Cuomo, State, John Roberts, Roberts, Howe, Barrett, U S Court of Appeals


Trump and his allies have won zero out of the 22 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed nearly two dozen lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, and Pennsylvania. They've notched zero victories, 18 cases where they've withdrawn or lost, and have 4 cases pending. Scroll down for a list of lawsuits the T...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Arizona, Wisconsin, Philadelphia, Michigan


Trump and his allies have won zero out of the 21 lawsuits they've filed since Election Day

President Donald Trump. Win McNamee/Getty Images President Donald Trump's campaign and Republican officials have filed nearly two dozen lawsuits since Election Day in an effort to contest the results of the 2020 election. The campaign filed lawsuits and motions to intervene in cases in swing states Arizona, Georgia, Michigan, Nevada, and Pennsylvania. They've notched zero victories, 15 cases where they've withdrawn or lost, and have 6 cases pending. Scroll down for a list of lawsuits the T...
Tags: Post, Politics, Texas, News, Minnesota, Supreme Court, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Arizona, Wisconsin, Philadelphia, Michigan