Posts filtered by tags: Merits Cases[x]


 

Opinion analysis: Justices sidestep decision on propriety of “cy pres” class-action settlements

This morning the justices issued a per curiam opinion vacating the decision of the lower court in Frank v. Gaos. They had granted review in that case to consider the propriety of so-called “cy pres” settlements – settlements of class actions that distribute all or a part of the monetary relief to public-interest or charitable recipients instead of the named plaintiffs. In this case, for example, the lower courts awarded $8.5 million in monetary relief in a suit brought by plaintiffs alleging tha...
Tags: Google, Featured, Supreme Court, Law, Robins, Frank, 9th Circuit, U S Court of Appeals, Clarence Thomas, Spokeo Inc, Merits Cases, Spokeo, Spokeo Today


Argument transcript

The transcript of this morning’s oral argument in Flowers v. Mississippi is available on the Supreme Court’s website. The post Argument transcript appeared first on SCOTUSblog.
Tags: Mississippi, Supreme Court, Law, Merits Cases


Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty

With a three-justice plurality opinion, a two-justice concurrence in the judgment and two dissents, Washington State Department of Licensing v. Cougar Den appears unusually fractured at first glance. But the disagreements among seven of the justices are relatively small, turning largely on whether and why Washington’s motor-fuel tax really burdens the Yakama treaty right to travel. Only the dissent by Justice Brett Kavanaugh, joined by Justice Clarence Thomas, indicates a fundamental disagreemen...
Tags: Featured, Supreme Court, Law, Washington, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas


Opinion analysis: Justices uphold broad interpretation of immigration detention provision

In Nielsen v. Preap, four justices joined Justice Samuel Alito yesterday to adopt an expansive interpretation of a mandatory-immigration-detention statute. In Demore v. Kim, in 2003, the Supreme Court interpreted 8 U.S.C. § 1226(c) to require detention (without bond hearings) for the broad class of potentially removable immigrants identified in the statute. With their decision in Nielsen v. Preap, the Supreme Court further broadened this mandatory-detention provision to cover immigrants who, res...
Tags: Featured, Supreme Court, Law, Congress, Dhs, Kim, Nielsen, Department Of Homeland Security, Thomas, John Roberts, Roberts, Alito, Stephen Breyer, Breyer, Elena Kagan, Samuel Alito


Argument preview: Justices to tackle important agency-deference question

Editor’s Note: An earlier version of this post ran on January 28, 2019, as an introduction to this blog’s symposium on Kisor v. Wilkie, as well as at Howe on the Court, where it was originally published. Next week the Supreme Court will hear oral argument in Kisor v. Wilkie, which arises from a dispute over benefits for a Marine who served in the Vietnam War. Although it may sound dry, the case could be one of the most consequential of the term, because the justices will decide whether to over...
Tags: Featured, Supreme Court, Law, Congress, Court, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, APA, John Roberts, Scalia, Howe, Clarence Thomas


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


Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case

The Supreme Court engaged in a relatively lively argument today over a thorny issue of statutory interpretation under the False Claims Act: how two separate statute-of-limitations provisions apply to whistleblower, or “qui tam,” actions when the federal government has not intervened in a suit brought by a private party, or relator. “These types of actions are exceptional in many ways,” Chief Justice John Roberts observed about the qui tam suits brought under the 1863 statute that was meant to ba...
Tags: Featured, Supreme Court, Law, Congress, Iraq, Afghanistan, United States, Fca, Graham, Hunt, Sonia Sotomayor, John Roberts, Roberts, Alito, U S Court of Appeals, Samuel Alito


Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment

This morning’s 6-3 opinion in Air and Liquid Systems Corp. v. DeVries affirms the decision of the lower court holding that the manufacturers of asbestos-dependent equipment used on Navy ships can be held liable to sailors who became ill because of their contact with the asbestos. Because the case involves liability for conduct at sea, the dispute arises under the “maritime law,” a type of federal common law for which the U.S. Supreme Court is the final authority. In the same way that the New Yor...
Tags: Featured, Supreme Court, Law, Navy, U S Supreme Court, U S Navy, Samuel Alito, Kavanaugh, New York Court of Appeals, Goldstein Russell, Merits Cases, Devries, Brett Kavanaugh, Neil Gorsuch, Air and Liquid Systems Corp, Justices Clarence Thomas


Argument transcript

The transcript of this morning’s oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt is available on the Supreme Court’s website.   The post Argument transcript appeared first on SCOTUSblog.
Tags: Supreme Court, Law, United States, Merits Cases, Cochise Consultancy Inc


Argument preview: Justices to tackle partisan gerrymandering … again

Editor’s Note: An earlier version of this post ran on February 4, 2019, as an introduction to this blog’s symposium on Rucho v. Common Cause and Lamone v. Benisek, as well as at Howe on the Court, where it was originally published. Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. Bu...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Court, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts


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


Argument transcripts

The transcript of today’s oral argument in Virginia House of Delegates v. Bethune-Hill is available on the Supreme Court’s website; the transcript in Smith v. Berryhill is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Smith, Merits Cases, Virginia House of Delegates, Bethune Hill, Berryhill


Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case

The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into relatively esoteric doctrinal areas, requiring the court to determine its proper judicial role as well as to make appropriate substantive choices. This term’s second admiralty excursion, The Dutra Group v. Batterton, presents another such occasion. On M...
Tags: Featured, Supreme Court, Law, Congress, Circuit, Dutra, Miles, Antonin Scalia, John Roberts, 9th Circuit, Townsend, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Samuel Alito, Anthony Kennedy


Argument preview: The Hobbs Act as ordinary or extraordinary administrative law

Did you know you can sue if you receive an unsolicited ad by fax? Under the Telephone Consumer Protection Act of 1991, you can recover $500 per offending fax. If sent willfully or knowingly, make that $1,500. Next Monday, the Supreme Court will grapple with this statute when it hears argument in PDR Network v. Carlton & Harris Chiropractic. In 2013, the publisher of the Physicians’ Desk Reference sent a fax to healthcare professionals to announce the launch of a digital version of the PDR. The...
Tags: Featured, Fcc, Supreme Court, Law, United States, Federal Communications Commission, Circuit, Chevron, Ortiz, APA, U S Chamber of Commerce, U S Court of Appeals, TCPA, Electronic Privacy Information Center, Yale Journal, 4th Circuit


Justices add constitutional question to citizenship case

On April 23, the Supreme Court will hear oral argument in the challenge to the decision to reinstate a question about citizenship on the 2020 census. The justices had originally granted review to decide whether that decision violated federal laws governing administrative agencies, but today the justices announced that they will also consider whether the decision violates the Constitution. The justices’ order adding the constitutional issue to the case came four days after U.S. Solicitor General ...
Tags: New York, Featured, Supreme Court, Law, California, HARRIS, Howe, Merits Cases, Scott Harris, Noel Francisco, New York That


Argument preview: Justices to weigh allegations of racial discrimination in jury selection

During jury selection, some potential jurors can be removed “for cause” – that is, when a judge believes that a juror cannot be impartial in deciding the case. The lawyers trying the case also have a certain number of “peremptory strikes,” which allow them to reject jurors without providing a reason. However, the Supreme Court ruled in Batson v. Kentucky that prosecutors cannot use their peremptory strikes to remove prospective jurors from the jury pool based only on the jurors’ race. Next week ...
Tags: Featured, Mississippi, Supreme Court, Law, Kentucky, Evans, Flowers, Foster, U S Supreme Court, Howe, Mississippi Supreme Court, Chatman, Doug Evans, Merits Cases, Batson, Curtis Flowers


Argument preview: Justices to determine relevant statute of limitations for whistleblower suits under the False Claims Act

Liza Starr, a student at Stanford Law School and a member of Stanford’s Supreme Court Clinic, co-authored this post. On March 19, the Supreme Court will hear argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt. The justices will consider how two statutes of limitations under the False Claims Act apply to whistleblower (also known as “qui tam”) suits when the government has not intervened in the case. Enacted in 1863 amidst rampant fraud by Civil War contractors, the FCA has grown...
Tags: Featured, Supreme Court, Law, Congress, Iraq, Afghanistan, United States, Fca, Graham, Department Of Justice, Chamber of Commerce, Wilson, Hunt, Parsons, U S Court of Appeals, 11th Circuit


Argument preview: Virginia racial gerrymandering case returns to Supreme Court

The issue of gerrymandering will be front and center at the Supreme Court in March. On March 26, the justices will tackle two of the highest-profile cases of the term, involving partisan gerrymandering – the idea that state officials went too far in considering politics when redistricting, by drawing maps that favor one political party at another’s expense. But first, on March 18, the justices will once again tackle another thorny issue: accusations of racial gerrymandering, the idea that legisl...
Tags: Featured, Supreme Court, Law, Virginia, Doj, General Assembly, Vra, House of Delegates, The Supreme Court, Howe, Merits Cases, Virginia House of Delegates, Bethune Hill, Toby Heytens, Heytens, Supreme Court In 2017 the Supreme Court


Argument preview: Justices to decide whether dismissal as untimely of Supplemental Security Income claimant’s request for review is final decision subject to judicial review

After a hearing, an administrative law judge denied Ricky Lee Smith’s application for supplemental security income benefits based on disability. The ALJ’s decision was dated March 26, 2014, and under the agency regulations, Smith was required to request review of the ALJ’s decision by the Appeals Council within 60 days of receiving the decision. Smith’s counsel alleges that he timely requested review of the ALJ’s decision. The Social Security Administration, however, has no record of receiving...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Smith, Social Security Administration, Medicaid, Sanders, APA, Sims, U S Court of Appeals, Casey, Gupta, 7th Circuit, ALJ


Symposium: On a petition that does not exist

Kyle Hawkins is the solicitor general of Texas. SCOTUSblog has asked me to assess whether the Supreme Court should grant a cert petition that does not exist. That petition, should it ever come to be, would probably be styled June Medical Services, LLC v. Gee, though we can’t be 100 percent sure until we see it. It presumably would be about a Louisiana law that, operating within the confines of the Supreme Court’s 2016 decision in Whole Woman’s Health v. Hellerstedt, requires abortion providers t...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, U S Court of Appeals, Casey, Hellerstedt, 5th Circuit, Merits Cases, Whole Woman 's Health, Southeastern Pa, Planned Parenthood of Southeastern Pennsylvania, Brett Kavanaugh, Kyle Hawkins


Abortion could return to the Supreme Court: In Plain English

In 2016, Justice Anthony Kennedy provided the fifth vote to strike down a Texas law that required doctors who perform abortions to have “admitting privileges” – the right to admit patients – at a local hospital. But Kennedy retired last year. So when two doctors who perform abortions, along with an abortion clinic, came to the Supreme Court in January, asking the justices to bar Louisiana from enforcing a similar law, many court-watchers saw the case as a bellwether for the Supreme Court’s abort...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Roberts, Howe, Anthony Kennedy, Kavanaugh, Merits Cases, Supreme Court They, Brett Kavanaugh, Clarence Thomas Samuel Alito Neil Gorsuch


Opinion analysis: The doctrine that dare not speak its name

A laid-off railroad worker goes head to head with the world’s fourth-largest publicly traded corporation over a $3,765 payment that — the worker says — is owed to him because the corporation’s negligence caused him to fall through a snow-covered drainage grate and suffer a severe knee injury. The Trump administration backs the corporation, while a trial lawyers’ group with close ties to the Democratic Party comes in to support the worker. The Supreme Court sides with the corporation, but only ov...
Tags: Featured, Supreme Court, Law, Congress, United States, Social Security, Wisconsin, Berkshire Hathaway, Warren Buffett, Ruth Bader Ginsburg, Chevron, Justice Department, Irs, National Labor Relations Board, Bnsf, Trump


Opinion analysis: Court limits fee awards in copyright cases

The desultory argument in Rimini Street v. Oracle USA (discussed in my earlier post) suggested a consensus hostile to the broad fee award approved by the lower court, so nothing in today’s unanimous opinion reversing the court of appeals comes as a surprise. The case involves the problem of litigation expenses in copyright litigation. Specifically, it calls for interpretation of Section 505 of the Copyright Act, which defines the expenses that a prevailing party in copyright litigation can obtai...
Tags: Featured, Law, Congress, Mars, Oracle, Kavanaugh, Rimini Street, Merits Cases, Oracle USA, Brett Kavanaugh, First Oracle


Opinion analysis: A copyright owner can’t sue for infringement before the Register has processed its copyright registration application

In Fourth Estate Public Benefit Corporation v. Wall-Street.com, a unanimous court held today that although the copyright statute confers exclusive rights upon the author of a work as soon as the work is created, a copyright owner may not file an infringement suit until the Register of Copyrights has acted on the owner’s application to register the copyright in the work. The result turned on the meaning of the phrase “registration of the copyright claim has been made” in Section 411(a) of the sta...
Tags: Featured, Supreme Court, Law, Congress, Wall Street, United States, Ruth Bader Ginsburg, Copyright Office, Ginsburg, U S Court of Appeals, Fourth Estate, Merits Cases, Courts of Appeals, Register, Fourth Estate Public Benefit Corporation, Moreover Congress


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Manhattan Community Access Corp. v. Halleck United States v. Haymond Mont v. United States The American Legion v. American Humanist Association   The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, American Humanist Association, Oyez, Merits Cases, Manhattan Community Access Corp, Halleck United States, Haymond Mont, United States The American Legion


Opinion analysis: Defense lawyer’s refusal to file requested appeal constitutes ineffective assistance, despite defendant’s appeal waiver

When a defense lawyer decides not to file an appeal of a guilty plea despite his client’s request, he renders ineffective assistance of counsel, even if the client waived his right to appeal in the plea agreement, the Supreme Court ruled Tuesday in Garza v. Idaho. In a 6-3 majority opinion, Justice Sonia Sotomayor held that the presence of an appeal waiver did not render the Supreme Court’s 2000 decision in Roe v. Flores-Ortega inapplicable, as the Idaho Supreme Court had ruled below. Flores-Ort...
Tags: Featured, Supreme Court, Law, Court, United States, Idaho, Thomas, Sonia Sotomayor, The Supreme Court, Idaho Supreme Court, Sotomayor, Clarence Thomas, Samuel Alito, Garza, Gorsuch, Merits Cases


Opinion analysis: Justices hold that international organizations do not have near-complete immunity

The Supreme Court today ruled that, just like foreign countries, international organizations such as the World Bank can be sued in U.S. courts when they are acting as private players in the market. But although the decision was a welcome one for human-rights groups, the justices made clear that the courthouse doors may not necessarily be wide open to lawsuits against international organizations. The defendant in the case that the justices decided today was the International Finance Corporation...
Tags: Featured, Supreme Court, Law, Congress, Washington, India, Ifc, United Nations, World Bank, John Roberts, International Finance Corporation, Stephen Breyer, Breyer, Merits Cases, FSIA, IOIA


Argument analysis: Peace cross appears safe, if not stable

For nearly a century, a 40-foot-tall stone and concrete cross has stood on a traffic median in the Washington, D.C., suburbs, just a few miles from the Supreme Court. But seven years ago, a group of local residents filed a lawsuit seeking to have the cross removed. They argue that the presence of the cross on public land violates the Constitution, which bars the government from establishing an official religion and favoring one religion over another. The state of Maryland, which owns and maintai...
Tags: New York, Featured, Maryland, Supreme Court, Greece, Law, Washington, David, United States, Wall, Lemon, Gettysburg, Miller, American Legion, George Washington, Sonia Sotomayor


Argument transcript

The transcript of oral argument in The American Legion v. American Humanist Association is available on the Supreme Court’s website.   The post Argument transcript appeared first on SCOTUSblog.
Tags: Supreme Court, Law, American Legion, American Humanist Association, Merits Cases


Argument analysis: Justices skeptical of government’s claim that pretrial imprisonment tolls a term of federal supervised release

At Tuesday’s oral argument in Mont v. United States, the justices considered whether a term of federal supervised release is tolled, or put on hold, when someone on supervised release is held in pretrial detention on a new criminal charge. In analyzing this question, the justices focused on the text of 18 U.S.C. § 3624(e), which provides that supervised release does not run “during any period in which the person is imprisoned in connection with a conviction for a Federal, State, or local crime u...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Malone, Alito, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Samuel Alito, Federal State