Posts filtered by tags: Leah Litman[x]


 

What Next for Court Reform?

On Thursday, April 8, at 4 p.m. EDT, the American Constitution Society will continue the debate over whether and how to restructure both the Supreme Court and the lower federal courts, in light of the Biden administration’s formation of a commission to study the issue and a forthcoming legislative response in the House of Representatives. Jennifer Bendery from HuffPost will moderate the panel, which will feature Rep. Mondaire Jones (D-N.Y.), Chris Kang of Demand Justice, Leah Litman of Michigan...
Tags: Featured, Supreme Court, Law, Biden, HuffPost, Leah Litman, Michigan Law, Chris Kang, Event Announcements, House of Representatives Jennifer Bendery, Nancy Zirkin


Chief Justice Roberts: Striking down ObamaCare 'not our job'

Chief Justice John Roberts on Tuesday appeared to signal that the Affordable Care Act, as a whole, should stand.During Tuesday's Supreme Court hearings, which are part of a third attempt by Republican states to overturn the health care law, Roberts echoed earlier comments from his colleague, Justice Brett Kavanaugh, who suggested that, under court precedent, cutting out the individual mandate while leaving the rest of the massive bill intact was "straightforward." (Kavanaugh repeated the sam...
Tags: Texas, News, Supreme Court, Congress, Gop, South Dakota, Donald Trump, Trump, John Roberts, Roberts, Kavanaugh, Leah Litman, Brett Kavanaugh, Paul McLeod, Kyle Hawkins


Wednesday round-up

Briefly: On a new episode of the Strict Scrutiny podcast, Leah Litman and Melissa Murray interview Renee Knake Jefferson and Hannah Brenner Johnson about their new book, Shortlisted: Women In The Shadows Of The Supreme Court. On a new episode of the Legal Docket podcast, Mary Reichard and Jenny Rough examine Kansas v. Glover, a 2019 case in which the court held that, when a police officer lacks information negating an inference that a person driving is the vehicle’s owner, an investigative traf...
Tags: Supreme Court, Law, Kansas, Round-up, Glover, George Washington Law Review, Leah Litman, Melissa Murray, Mary Reichard, Renee Knake Jefferson, Hannah Brenner Johnson, Jenny Rough, Christian Talley, Justin Aimonetti


Courts, The Academy, and Politics

For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Leah LitmanMark Tushnet’s Taking Back the Constitution is a tour de force. The book weaves together several of the common threads in discussions about the Supreme Court that have been happening in left-leaning academic circles for the last several decades. And it gives the ideas underlying the threads the depth and rigor they deserve. One of the book...
Tags: Florida, Supreme Court, Congress, California, Court, Wisconsin, Louisiana, Branding, Guest Blogger, Board, Democratic Party, Mark, Brown, Clayton County, Casey, Kavanaugh


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


Tuesday round-up

The ink is still drying on the Supreme Court’s opinions for the 2019-20 term, but court watchers are already looking ahead to the cases that will open next term. The court on Monday released its calendar of oral arguments for its October sitting, which will consist of 10 cases that initially had been scheduled for this spring but were postponed due to the COVID-19 pandemic. Amy Howe provides a run-down of all 10 cases in a story that first appeared at Howe on the Court. The October schedule indi...
Tags: Texas, Supreme Court, Law, Obamacare, California, Bloomberg, Atlantic, Pennsylvania, King, Round-up, Noah Feldman, John Roberts, Roberts, Howe, John Marshall, Barr


Is the US supreme court having a liberal moment? Not on one crucial issue

John Roberts sided with the court’s liberal bloc in two notable recent cases, but critics say he’s no swing voter on voting rightsTo an outside observer, it might seem like the US supreme court is having a liberal moment, mostly thanks to one justice.Chief Justice John Roberts – the court’s swing vote – surprised many this term by siding with the court’s left-leaning bloc and casting the deciding vote in two of the most high-stakes cases, with rulings that ensured abortion access in Louisiana an...
Tags: News, Supreme Court, US, Alabama, Los Angeles, United States, Wisconsin, Louisiana, Donald Trump, Ruth Bader Ginsburg, University Of Michigan, University Of Southern California, Trump, Sonia Sotomayor, John Roberts, Roberts


Is the US supreme court having a liberal moment? Not when it comes to voting rights

John Roberts sided with the court’s liberal bloc in two notable recent cases, but critics say he’s no swing voter on voting rightsTo an outside observer, it might seem like the US supreme court is having a liberal moment, mostly thanks to one justice.Chief Justice John Roberts – the court’s swing vote – surprised many this term by siding with the court’s left-leaning bloc and casting the deciding vote in two of the most high-stakes cases, with rulings that ensured abortion access in Louisiana an...
Tags: News, Supreme Court, US, Alabama, Los Angeles, United States, Wisconsin, Louisiana, Donald Trump, Ruth Bader Ginsburg, University Of Michigan, University Of Southern California, Trump, Sonia Sotomayor, John Roberts, Roberts


Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


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


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Monday round-up

Kristina McKibben analyzes last Thursday’s decision in Department of Homeland Security v. Regents of the University of California, in which the court held that the government’s decision to terminate the DACA program, which allowed undocumented young people brought to this country as children to apply for protection from deportation, violated the procedural requirements prescribed for administrative agencies, at Subscript Law. In an op-ed for The New York Times, Linda Greenhouse observes that “[t...
Tags: Supreme Court, Law, New York City, Court, Atlantic, House, New York Times, Fox News, Npr, Kevin Johnson, Department Of Homeland Security, University Of California, Trump, Round-up, National Review, Stephens


Wednesday round-up

This blog’s analysis of Monday’s decision in GE Energy Power Conversion v. Outokumpu Stainless, holding that, under an international convention governing the enforcement of foreign arbitral awards, a business that did not sign an arbitration agreement can still compel arbitration based on equitable estoppel, comes from Ronald Mann. At Courthouse News Service, Tim Ryan reports that “[t]he tangled arbitration dispute concerns several U.S. and foreign countries and the requirements of the so-called...
Tags: Usa, New York, Supreme Court, Law, California, Court, United States, New York Times, Courthouse News Service, Reuters, John Roberts, Alison Frankel, Roberts, U S Chamber of Commerce, Tim Ryan, Dorf


Tuesday round-up

At AP, Mark Sherman reports that “Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has ‘pierced our illusion of certainty and control’ and he counseled the students to make their way with humility, compassion and courage in a world turned upside down.” At The National Law Journal, Tony Mauro reports that in a video posted on the school’s website on Saturday, Roberts called the crisis “‘the world’s way of saying to mankind, “you’re not in charge.”’”...
Tags: Supreme Court, Law, Washington, Politico, Court, Bloomberg, Ap, Sierra Club, Southern California, Trump, Round-up, Thomas, Mark Sherman, U S Supreme Court, John Roberts, Wildlife Service


Thursday round-up

Yesterday the Supreme Court granted the Justice Department’s request to block temporarily a lower court order requiring disclosure to the House Judiciary Committee of grand jury material from Robert Mueller’s investigation into Russian interference in the 2016 election. Amy Howe has this blog’s coverage, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that the lower court “agreed with a judge’s decision that the House, in its impeachment investigation, was...
Tags: Supreme Court, Law, Court, Pennsylvania, House, Wisconsin, Ohio, Npr, Wall Street Journal, Justice Department, Poor, Trump, Round-up, National Review, Lyle Denniston, John Roberts


Study suggests Chief Justice John Roberts was quicker to cut off his female colleagues during Supreme Court phone arguments

A new study found that the Supreme Court's female justices were cut off more quickly than their male colleagues by Chief Justice John Roberts during oral arguments made over the phone last week because of the coronavirus pandemic.The study's author, Prof. Leah Litman, a legal scholar from the University of Michigan, found that all three of the longest periods of question were from male justices, as were nine of the 12 longest. In contrast, three of the shortest questioning periods ended ...
Tags: News, Supreme Court, Ford, University Of Michigan, Trump, Sonia Sotomayor, John Roberts, Roberts, Litman, Leah Litman


Wednesday round-up

For The Washington Post (subscription required), Mark Berman reports that “Missouri on Tuesday carried out the country’s first execution amid the coronavirus pandemic, not long after the U.S. Supreme Court rejected a request to stop the lethal injection.” Katie Bart reports on the justices’ order denying Walter Barton’s request for a stay of execution for this blog. At Fox News, Shannon Bream and Bill Mears report that “[o]ther states, including Ohio, Tennessee and Texas, have postponed executio...
Tags: Texas, Supreme Court, Law, Washington Post, Africa, Court, Sudan, Fox News, Al Qaeda, Trump, Round-up, U S Supreme Court, Jess Bravin, Adam Feldman, Alito, Khartoum


Tuesday round-up

Yesterday the court issued a unanimous opinion in Opati v. Sudan, holding that the current version of the terrorism exception to the Foreign Sovereign Immunities Act allows punitive damages for preenactment conduct. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Bloomberg Law, Kimberly Robinson reports that the ruling “revived a $4.3 billion punitive damage award against Sudan related to the twin al Qaeda bombings of U.S. embassies in East Afr...
Tags: Supreme Court, Law, Washington Post, Bloomberg, House, Arizona, Wisconsin, Sudan, Npr, Times, Ruth Bader Ginsburg, Justice Department, Trump, Round-up, East Africa, Lyle Denniston


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


Monday round-up

This morning the Supreme Court will kick off a two-week session of oral arguments that will change its traditional practice in unprecedented ways: It will hear the arguments by telephone and it will provide live audio of the proceedings to the public. First up is U.S. Patent and Trademark Office v. Booking.com, which asks whether the addition of “.com” to a generic term creates a protectable trademark. Jessica Litman previewed the case for this blog. Soo Min Ko has a preview for Cornell Law Scho...
Tags: Supreme Court, Law, Congress, Court, Pennsylvania, New York Times, Donald Trump, Abc News, Department Of Homeland Security, University Of California, Trump, Round-up, Fed, Peter, U S Supreme Court, The Supreme Court


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


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases. In Ramos v. Louisiana, the court ruled 6-3 that the Constitution requires a unanimous jury verdict in state criminal trials. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. At Subscript Law, Mariam Morshedi provides a graphic explainer for the decision. For (subscription required), Jess Bravin and Brent Kendall report that “the court’s fractured ruling has little significance for cases outside ...
Tags: New York, Supreme Court, Law, Oregon, Court, Bloomberg, United States, Epa, Npr, Christian, Louisiana, Los Angeles Times, Round-up, Harvard Law School, Wade, The Supreme Court


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


Tuesday round-up

Yesterday, for the second time since its building closed to the public, the Supreme Court issued opinions via its website rather than from the bench, along with orders from last week’s conference. The justices added one case to their merits docket next term: Brownback v. King, in which they will decide whether a ruling for the government in a Federal Tort Claims Act case bars a lawsuit under Bivens against the employees involved. Amy Howe covers the order list for this blog, in a post that first...
Tags: Supreme Court, Law, Congress, Washington Post, Cnn, Comcast, Donald Trump, King, Round-up, U S Supreme Court, Cooper, Robert Barnes, Allen, Howe, Nina Totenberg, Brownback


Tuesday round-up

Yesterday the court released opinions in four argued cases, by posting the rulings on its website at five-minute intervals rather than delivering them from the bench as it usually does. Kevin Daley reports at The Washington Free Beacon that it was “the first time since Bush v. Gore that the justices issued rulings without reading decisions from the bench during an official public session.” In Kahler v. Kansas, the justices ruled 6-3 that the Constitution’s due process clause does not require Kan...
Tags: Supreme Court, Law, Congress, Los Angeles, Comcast, Kansas, Usa Today, North Carolina, Ada, Gore, Trump, Round-up, Bush, Reuters, Anne, John Roberts


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


Noticing that two Justices keep noticing challenges to old (vague?) guidelines

Law360 has this lengthy new piece, headlined "In Dissent: Why 2 Justices Keep Spotlighting Career Offenders," which flags the notable sentencing-related work of a couple of Justices in orderl lists. Here are the essentials: Close watchers of the U.S. Supreme Court may have noticed a recurring theme in orders issued over the past two years. In at least 27 cases, Justices Sonia Sotomayor and Ruth Bader Ginsburg have gone out of their way to dissent from their colleagues’ rejection of petitions by...
Tags: Texas, Law, Kansas, Johnson, Ruth Bader Ginsburg, University Of Michigan, Sonia Sotomayor, Brown, U S Supreme Court, Seventh Circuit Court of Appeals, Ginsburg, Sotomayor, California Tennessee, Litman, Douglas A Berman, Leah Litman


Symposium: June Medical Services and the future of Article III standing in abortion cases

Leah Litman is an assistant professor of law at the University of Michigan Law School. She joined an amicus brief on behalf of constitutional law scholars in support of the petitioners in June Medical Services v. Gee and the cross-respondents in Gee v. June Medical Services. Steve Vladeck is the A. Dalton Cross Professor in Law at the University of Texas at Austin School of Law. He joined an amicus brief on behalf of federal courts scholars in support of the petitioners and the cross-respondents...
Tags: Health, Texas, Featured, Supreme Court, Law, Washington, Court, Nebraska, Louisiana, Meyer, Craig, Antonin Scalia, Hart, Scalia, Harvard Law Review, Carey


Friday round-up

At The Daily Signal, Elizabeth Slattery highlights “five key exchanges” from Wednesday’s argument in Espinoza v. Montana Department of Revenue, which asks whether Montana’s invalidation of a law that created tax credits to provide scholarships for families who send their children to private schools, including religious schools, was constitutional. In an op-ed for The Washington Post (subscription required), Monica Kristin Blair argues that “[i]n addition to breaking down the separation of church...
Tags: Florida, Supreme Court, Law, Washington Post, Montana, Washington, Nbc News, Arizona, Trump, Round-up, U S Supreme Court, McKinney, Florida Supreme Court, Adam Feldman, Hurst, Tampa Bay Times