Posts filtered by tags: Kagan[x]


Split 5 to 4, Supreme Court Deals a Blow to Class Arbitrations

The justices ruled that an arbitration clause in an employment contract barred workers from banding together to pursue privacy claims.
Tags: Arbitration, Conciliation and Mediation, Supreme Court (US, Roberts, John G Jr, Ginsburg, Ruth Bader, Kagan, Elena

Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

Under Wisconsin law, anyone who drives on the state’s roads is assumed to have consented to have his blood tested for alcohol and drugs. The state’s laws also assume that a driver who is unconscious has not withdrawn that consent. Today – in a rare afternoon session – the Supreme Court heard oral argument in a challenge to the constitutionality of the provision allowing a blood test of an unconscious driver without a warrant. After an hour of debate, it wasn’t entirely clear how the justices mig...
Tags: Featured, Supreme Court, Law, Wisconsin, Ruth Bader Ginsburg, Mitchell, John Roberts, Roberts, Howe, Ginsburg, Department of Motor Vehicles, Alito, Stephen Breyer, Breyer, Elena Kagan, Kagan

Argument analysis: Justices appear likely to endorse broader reading of FOIA exemption for “confidential” commercial information

An observer might be excused if she was confused by Monday’s oral argument in Food Marketing Institute v. Argus Leader Media. The case concerns the application of the term “confidential” commercial or financial information in Exemption 4 of the Freedom of Information Act to grocery-store data collected from transactions involving debit cards issued to Supplemental Nutrition Assistance Program benefits recipients. A South Dakota newspaper had requested the data as part of its investigations into ...
Tags: Featured, Supreme Court, Law, Congress, Usda, National Parks, South Dakota, Foia, Circuit, Ruth Bader Ginsburg, Young, Morton, Sonia Sotomayor, John Roberts, U S Department of Agriculture, Supplemental Nutrition Assistance Program

Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census

The Supreme Court heard oral argument this morning in the dispute over the Trump administration’s decision to include a question about citizenship on the 2020 census. The federal government says that the Department of Justice wants data about citizenship to better enforce federal voting rights laws. But the challengers in the case counter that asking about citizenship will lead to an inaccurate count, because households with undocumented or Hispanic residents may not respond. After roughly 80 mi...
Tags: Florida, New York, Texas, Featured, Supreme Court, Law, Congress, United States, Ireland, House, United Nations, Ohio, Nancy Pelosi, Department Of Justice, Ruth Bader Ginsburg, Francisco

Empirical SCOTUS: Advocates who drive the justices’ votes

Scholars of the Supreme Court often debate the role of lawyers in Supreme Court decision-making. For an attitudinalist, the justices’ preferences make all (or at least most of) the difference. According to this theory, justices will often vote based on their preferred policy direction, which minimizes the role of advocacy. More recent studies show that such a view, however, might obscure the impact lawyers have on Supreme Court output. Surprisingly, these two views are not necessarily mutually e...
Tags: Supreme Court, Law, Stanford, Michigan, Hogan Lovells, Kennedy, Jenner, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Bancroft, Scalia, Roberts, Gibson, Neal Katyal

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary

On Tuesday, the Supreme Court heard oral argument in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust. North Carolina hopes to convince the court that its method of taxing trusts, with jurisdiction based on an in-state beneficiary, passes constitutional muster. The court greeted the state’s arguments with significant skepticism. As a quick recap, North Carolina’s Department of Revenue is defending tax liability imposed on income earned by the Kimberley Rice Kaest...
Tags: New York, Featured, Supreme Court, Law, Virginia, South Dakota, Norfolk, North Carolina, Sonia Sotomayor, John Roberts, Wayfair, Brooke, Sotomayor, Stephen Breyer, Breyer, Elena Kagan

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule

McDonough v. Smith, argued Wednesday, saw justices and attorneys repeating metaphors about heads spinning and constitutional rights swimming. The justices seemed inclined to rule for the petitioner (supported by the United States) that his claim was timely and that the limitations period on a civil action should not begin until favorable termination of criminal proceedings. But the likely scope of the ruling remains uncertain. Respondent Youel Smith prosecuted petitioner Edward McDonough, a form...
Tags: Featured, Supreme Court, Law, United States, Smith, Ruth Bader Ginsburg, Wall, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Elena Kagan, Kagan, McDonough, Samuel Alito, Kavanaugh

Argument analysis: Justices worry about extending California wage-and-hours laws to offshore drilling platforms

On Tuesday, the Supreme Court heard oral argument in Parker Drilling Management Service, Ltd. v. Newton, a case about whether workers employed on drilling platforms more than three miles off the coast of California are entitled to the protections of California’s more worker-friendly wage-and-hours law or whether a federal statute, the Outer Continental Shelf Lands Act, limits them to the benefits required by the Fair Labor Standards Act. The justices seemed intrigued (and occasionally frustrated...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Ruth Bader Ginsburg, Newton, Paul Clement, Michael, Sonia Sotomayor, John Roberts, 9th Circuit, Interior, Roberts, Ginsburg

Argument analysis: “The last Johnson domino to fall”?

Today the Supreme Court considered “the last Johnson domino to fall” (at least potentially). The case, United States v. Davis, involves the possible implications of the Supreme Court’s 2015 decision in Johnson v. United States. Johnson invalidated the residual clause of the Armed Career Criminal Act, a statute that imposes additional punishment on persons with multiple prior convictions for “violent felonies.” Johnson held that the now-defunct residual clause of the ACCA, which defined a viol...
Tags: Featured, Supreme Court, Law, Congress, Beck, United States, Davis, Johnson, Blackstone, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Breyer, Elena Kagan

Argument analysis: Justices grapple with immoral and scandalous trademarks

On Monday, the Supreme Court considered the intersection of free speech and trademark law when it addressed the constitutionality of prohibiting trademark registration for offensive trademarks. This case arose in the aftermath of Matal v. Tam. In Tam, the court struck down the Lanham Act’s prohibition on registration of disparaging trademarks, holding that the ban constituted viewpoint discrimination in violation of the First Amendment. The question before the court on Monday was whether the pro...
Tags: Featured, Supreme Court, Law, Congress, California, George Carlin, Miller, Times Square, Tam, Sonia Sotomayor, Stewart, John Roberts, Roberts, Alito, PTO, U S Patent and Trademark Office

Argument analysis: Justices debate time travel in assessing liability for inadequate disclosures about tender offers

The argument yesterday in Emulex Corp. v. Varjabedian presented the justices with an odd interpretive problem about revisions to the securities laws made in the 1960s to govern tender offers. At that time, federal courts commonly read statutes as “implying” private rights of action, permitting private parties to file suit to enforce the securities laws whenever it seemed a useful way to ensure compliance. So when Congress wrote the provision proscribing misleading information in disclosures abou...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Elena Kagan, Kagan, Goldstein Russell, Merits Cases, Emulex Corp, Brett Kavanaugh

Ask the author: “Mr. Everything” – Joan Biskupic on Chief Justice John Roberts

The following is a series of questions posed by Ronald Collins to Joan Biskupic about Biskupic’s book “The Chief: The Life and Turbulent Times of Chief Justice John Roberts” (Basic Books, 2019, 432 pp., cloth: $32.00). Joan Biskupic is a legal analyst at CNN and the author of three previous biographies of Supreme Court justices. She has also served as the Supreme Court correspondent for The Washington Post and USA Today. Welcome Joan, and thank you for taking the time to participate in this qu...
Tags: Featured, Supreme Court, Law, Washington Post, Boston, Court, Book Reviews, America, Barack Obama, Reagan, Cnn, Harvard, Citizens United, Arizona, Republican, Usa Today

The Company We No Longer Keep

For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019).Linda Greenhouse             Two texts, a quarter century apart, frame the issue under discussion in this symposium. In 1986, shortly before becoming Chief Justice, Justice William Rehnquist published an article he titled “Constitutional Law and Public Opinion.”   [20 Suffolk U. L. Rev. 753, 768 (1986)]   Public opinion inevita...
Tags: Post, Justice, Supreme Court, Washington Post, Washington, Court, Yale, Aclu, Kaiser, Republican Party, Republican, Ruth Bader Ginsburg, Wall Street Journal, Ucla, Branding, Guest Blogger

Empirical SCOTUS: Is Kavanaugh as conservative as expected?

On Monday, April 1, 2019, the Supreme Court decided the case Bucklew v. Precythe, with the five conservative justices in the majority and the four liberals in dissent. To some, including legal scholar and CNN analyst Steve Vladeck, this ruling ushered in a new conservative court without the moderating anchor of Justice Anthony Kennedy. Going even further, Slate’s Mark Joseph Stern referred to the decision as “beyond appalling,” while Think Progress’ Ian Millhiser described it as “the most bloodt...
Tags: Supreme Court, Law, Cnn, United States, Davis, Nielsen, Smith, Donald Trump, Ruth Bader Ginsburg, Delaware, Kennedy, Sanders, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts

Opinion analysis: Court rejects per se rule on cross-examination in Social Security disability cases

The Supreme Court yesterday turned down a Social Security Disability Insurance plaintiff’s proposal to establish a per se rule effectively requiring vocational experts to turn over the data underlying their opinions in every case. Michael Biestek had asked the court to decide that testimony from such an expert who declined a request to turn over underlying data could never suffice to meet the Social Security Administration’s statutory obligation to support its decisions with “substantial evidenc...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, SSA, U S Court of Appeals, Elena Kagan, Kagan, ALJ, Social Security Disability Insurance, Gorsuch, Merits Cases, Neil Gorsuch

"The Chief" -- What It Actually Tells Us About John Roberts's Vote in the Initial ACA Case

Almost everything I've read about Joan Biskupic's presentation of NFIB v. Sibelius asserts that it confirms the already established story that Chief Justice Roberts "switched" his vote in the case. Concluding her chapter, Biskupic does refer to Roberts's "change of heart." The account she actually offers, though, does not show a switch or a change of heart. (I take some satisfaction that her account mostly confirms the inferences I drew in In the Balance -- and that the divergences are mostly on...
Tags: Medicaid, Kennedy, Branding, John Roberts, Roberts, NFIB, Breyer, Kagan, Joan Biskupic, Sibelius, Mark Tushnet, Biskupic

Student SCOTUS preview part three: mapping out likely votes after oral argument in US v. Haymond

I noted here back in 2017 an interesting opinion in US v. Haymond where a Tenth Circuit panel declared unconstitutional the procedures used for revocation of a sex offender's supervised release.  The Supreme Court also found the case interesting because, as reported here, the Justices in 2018 accepted the petition for certiorari filed by the federal government.  The SCOTUSblog page on Haymond has links to all the briefing. As reported in this prior post, I have a great student, Jim McGibbon, who...
Tags: Supreme Court, Law, Washington, Oregon, Court, US, United States, New Jersey, Thomas, Jim, Ginsburg, Blakely, Sotomayor, Kagan, Kavanaugh, Amy Howe

International Distribution Executive Russell Kagan Dies at 65

Russell Jay Kagan, a prominent distribution executive known to his associates at MIP and MIPCOM as the “Mayor of Cannes,” died on March 27 after a battle with cancer. He was 65. Kagan, whose career spanned four decades and earned him widespread recognition, is best known for producing major television series and co-productions, including TNT’s […]
Tags: News, Discovery Channel, Cannes, Kagan, Mipcom, Michael Kagan, Mip, Russell Kagan, Russell Jay Kagan

Argument analysis: Justices divided on agency deference doctrine

The Supreme Court heard oral argument this morning in a dispute over veterans’ benefits that could become one of the most significant cases of the term. Although the case arose when the Department of Veterans Affairs refused to give James Kisor, who served as a Marine during the Vietnam War, benefits for his post-traumatic-stress disorder dating back to 1983, it has morphed into something much bigger. Kisor and his lawyers have asked the justices to overrule a doctrine that Chief Justice John Ro...
Tags: Featured, Supreme Court, Law, Congress, Court, Marine, Va, Fda, Ruth Bader Ginsburg, Francisco, Chamber of Commerce, Robbins, Sonia Sotomayor, John Roberts, Hughes, Howe

Opinion analysis: The justices wish Sturgeon “good hunting” in Sturgeon v. Frost

The Supreme Court ruled unanimously yesterday in favor of Alaskan John Sturgeon, who waged a 12-year battle against the National Park Service over its ban on hovercraft in park preserves. As a result of the decision, Sturgeon can once again “rev up his hovercraft in search of moose” on the Nation River in the Yukon Charley Preserve. This is the second time this fight has come before the Supreme Court. On one hand, it involves important legal issues affecting public lands, federalism and water ri...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Epa, Frost, Ruth Bader Ginsburg, Sturgeon, National Park, Federal Government, National Park Service, Nps, Sonia Sotomayor, 9th Circuit

Limiting Agency Power, a Goal of the Right, Gets Supreme Court Test

Justice Stephen G. Breyer said, half-joking, that he feared “the greatest judicial power grab since Marbury v. Madison” as the justices took on an issue they saw as momentous.
Tags: News, Veterans, Francisco, Madison, Elena, Breyer, Stephen G Breyer, Kagan, Marbury, Gorsuch, Regulation and Deregulation of Industry, Stephen G, Supreme Court (US, Suits and Litigation (Civil, Neil M, Noel J

Argument analysis: Justices navigating between different precedential paths on punitive damages for maritime personal injury

The Supreme Court heard oral argument yesterday in The Dutra Group v. Batterton, a maritime case that asks whether a Jones Act seaman can recover punitive damages in a personal-injury suit based on the unseaworthiness of a vessel on which he was working. Seven of the justices questioned one or both attorneys but, with a few exceptions, did not clearly signal a likely inclination. The argument did suggest that some division is likely. Not only does the issue involve a split among various circuit ...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Ruth Bader Ginsburg, Miles, Sonia Sotomayor, Antonin Scalia, John Roberts, Roberts, Townsend, Ginsburg, Waxman, Alito, Sotomayor

Argument analysis: Justices divided and hard to read on partisan gerrymandering

Today the Supreme Court heard oral argument in a pair of cases that could prove to be among the most consequential of the term. The cases involve allegations that state officials engaged in unconstitutional partisan gerrymandering – that is, they went too far in taking politics into account – when they drew election maps in North Carolina and Maryland. After over two hours of debate this morning, there were clear divides among some of the justices, but it was much less clear how the court is lik...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Court, Pennsylvania, Wisconsin, Republican, North Carolina, Paul Clement, Steven, John Roberts, Roberts, Howe, Sullivan

Argument analysis: Justices grapple with meaning of final decision made after a hearing

In Monday’s oral argument in Smith v. Berryhill, the justices confronted a split among the courts of appeals as to whether an SSI disability claimant can obtain judicial review of the Social Security Appeals Council’s dismissal of his appeal as untimely under 42 U.S.C. sec. 405(g). Section 405(g) provides that “[a]ny individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, … may obtain review of such decision by a civil action.” ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Commission, Smith, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, U S Court of Appeals, Sotomayor, Kimberly

Disney is set to swallow Fox, to become biggest studio in town, with loads of content

Scheduled to close just after midnight EDT Wednesday, The Walt Disney Company’s acquisition of 21st Century Fox’s filmed entertainment assets makes the Burbank-based Mouse House, for years the most successful movie maker in Hollywood, by far the biggest of the five remaining major studios. “This is an extraordinary and historic moment for us — one that will create significant long-term value for our company and our shareholders,” Robert Iger, Disney’s chairman and CEO, said in a statement Tuesda...
Tags: Star Wars, Business, Hollywood, News, California, Disney, Georgia, Sport, Fox, Netflix, Soccer, Sony, Alvin, Walt Disney Company, Iger, Harrison Ford

Argument analysis: Justices divided in Virginia racial-gerrymandering case

The Supreme Court heard oral argument today in a challenge to the map drawn in 2011 for Virginia’s House of Delegates. A group of African-American voters allege that the state legislature engaged in racial gerrymandering – that is, it relied too much on race when it drew 11 of the state’s districts, which would violate the Constitution. But the state legislators defending the map argue that, although race was one of the factors that the legislature considered, it wasn’t the only one. After rough...
Tags: Featured, Supreme Court, Law, Virginia, House, Norfolk, Republican, Paul Clement, Democratic, Sonia Sotomayor, House of Delegates, Roberts, Howe, Alito, Virginia Supreme Court, Sotomayor

SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg

I'm reading "Tucker Carlson unapologetic over ‘misogynistic’ comments on statutory rape, insults against women."

In WaPo.Carlson was widely criticized on Sunday following a report from the nonprofit Media Matters for America that compiled and transcribed more than a dozen instances of the host appearing on the “Bubba the Love Sponge Show,” a popular radio program broadcast from Tampa [recorded between 2006 and 2011]...On at least two separate occasions, Carlson voiced opinions on underage marriage and Warren Jeffs, the former leader of the Fundamentalist Church of Jesus Christ of Latter-day Saints who is c...
Tags: Supreme Court, Law, America, Journalism, Howard Stern, Vox, Tampa, Apologies, Tucker Carlson, Media Matters, SJW, Carlson, Elena Kagan, Kagan, Warren Jeffs, Jeffs

Friday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday Justices Samuel Alito and Elena Kagan testified about the Supreme Court’s budget at a congressional hearing, “field[ing] questions about cameras in the courtroom, law clerk diversity, partisan attacks on the judiciary, and the #MeToo movement.” Jess Bravin reports for that, according to Kagan, “Chief Justice John Roberts is weighing whether to create a code of conduct for members of the Supreme C...
Tags: Supreme Court, Law, Washington Post, Court, Indiana, Round-up, John Roberts, Jeffrey Toobin, Cato Institute, Robert Barnes, Howe, Jess Bravin, Alito, Elena Kagan, Kagan, Heritage Foundation

Every Week Feels Like It Lasts 47 Months — See Also

THIS 16-YEAR-OLD IS GOING TO LAW SCHOOL NEXT YEAR: I'm inclined to inform child protective services. MEME OF THE WEEK: Involves UCLA v. Georgetown and I would pay to see this for real. ALITO AND KAGAN DIAL FOR DOLLARS: Not really, but they were in front of Congress explaining why courts need money and stuff. FIND THIS PERSON: Law firm is offering a reward for information leading to the arrest of the person who shot one of their associates. IN MARTIN SHKRELI NEWS: This freaking guy.
Tags: Law, Congress, Ucla, Martin Shkreli, Georgetown, Kagan, See Also