Posts filtered by tags: Merits Cases[x]


 

Now available on Oyez: April-May oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from the April and May 2021 oral arguments at the Supreme Court. The court heard argument in: Yellen v. Confederated Tribes of the Chehalis Reservation Sanchez v. Mayorkas Greer v. United States United States v. Gary City of San Antonio, Texas v. Hotels.com, L.P. Minerva Surgical Inc. v. Hologic Inc. Americans for Prosperity Foundation v. Bonta Guam v. United States HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association United Stat...
Tags: Supreme Court, Law, United States, Yellen, United States United States, Oyez, Merits Cases, Mayorkas Greer, Gary City of San Antonio Texas, Hotels com L P Minerva Surgical Inc, Hologic Inc Americans for Prosperity Foundation, Bonta Guam, United States HollyFrontier Cheyenne Refining LLC, Renewable Fuels Association United States, Palomar Santiago Mahanoy Area School District, B L PennEast Pipeline Co


In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy case quietly frames profound issues of justice. But, doubtful readers, rest assured that Terry v. United States – which the Supreme Court will hear on Tuesday in the final argument of its 2020-21 term – packs so many swirling issues of great importance into an absurdly little case, it can hardly be believed. The national debate on historical racism in our criminal punishment sys...
Tags: Florida, Featured, Supreme Court, Law, Congress, White House, Barack Obama, United States, Aclu, Kardashian, Biden, Donald Trump, Terry, Justice Department, Jared, Trump


Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit


Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer


Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by pr...
Tags: Featured, Supreme Court, Law, John Roberts, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Niz Chavez


Justices weigh available defenses to criminal re-entry for certain immigrants

The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. In Refugio Palomar-Santiago’s case, that prior removal order did exist. However, the Supreme Court’s 2004 decision in Leocal v. Ashcroft, decided after the entry ...
Tags: Featured, Supreme Court, Law, Congress, United States, Ross, Thomas, Sonia Sotomayor, Garcia, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Justices ponder narrow ruling in student speech case

The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school. Some justices expressed concern about whether allowing schools to regulate off-campus speech could sweep in too much speech by young people, while others worried that – particularly in the internet era – a contrary rule would give too little weight to the harmful effects that some speech, such as cyberbullying, can have at school even when it ...
Tags: Featured, Supreme Court, Law, Pennsylvania, Levy, Michael Jordan, Thomas, Sonia Sotomayor, Stewart, John Roberts, American Civil Liberties Union, Blatt, Roberts, David Cole, Howe, Alito


Court wrestles with Superfund contribution puzzle

Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump. The Navy created the dump during the 1940s...
Tags: Featured, Law, Navy, Massachusetts, United States, Wyoming, Epa, CWA, Environmental Protection Agency, Sonia Sotomayor, U S Navy, Sotomayor, Stephen Breyer, Clarence Thomas, Guam, Samuel Alito


Student’s Snapchat sets up major ruling on school speech

In 1969, the Supreme Court ruled in Tinker v. Des Moines Independent Community School District that public school officials can regulate speech that would substantially disrupt the school’s work. On Wednesday, the justices will consider whether Tinker also applies to speech by students that occurs off campus. In the internet era, in which cellphones and social media are omnipresent and many schools and parents worry about cyberbullying, the court’s ruling in Mahanoy Area School District v. B.L....
Tags: Featured, Supreme Court, Law, Snapchat, Pandora, Pennsylvania, Levy, Biden, District Of Columbia, Howe, U S Court of Appeals, ADF, Alliance Defending Freedom, 3rd Circuit, Merits Cases, Des Moines Independent Community School District


Eminent domain, sovereign immunity and a controversial pipeline through New Jersey

On Wednesday, the justices will hear argument in PennEast Pipeline Co. v. New Jersey. The case presents the question of what impact, if any, does the Natural Gas Act have on the sovereign immunity provided to the states through the 11th Amendment. This clash between the NGA and the Constitution arose because, under the NGA, companies with permits to build new pipelines can use the power of eminent domain to seize property along the pipeline route. The case has broad ramifications for the indust...
Tags: Texas, Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, State, D C Circuit, FERC, U S Court of Appeals, Federal Energy Regulatory Commission, NGA, PennEast, 3rd Circuit


Justices doubtful on California donor-disclosure requirement

The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The requirement, the state insists, helps it to police charitable fraud. But two nonprofits argue that the rule violates the First Amendment by discouraging their donors from making contributions. After near...
Tags: Featured, Supreme Court, Law, California, Alabama, Irs, Charles Koch, Sonia Sotomayor, John Roberts, American Civil Liberties Union, Feinberg, Roberts, Howe, Alito, Shaffer, Barrett


Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry

Non-U.S. citizens who are deported and later return to the United States can be prosecuted for criminal re-entry. In order for federal prosecutors to sustain a charge for criminal re-entry under 8 U.S.C. § 1326, they must prove the existence of a prior removal order adjudicated by a federal immigration agency. But if the earlier removal order is invalid on legal grounds, then how can the noncitizen use that fact to defend against the criminal re-entry prosecution? On Tuesday, the justices will ...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, United States, Circuit, Trump, 9th Circuit, U S Court of Appeals, Jeff Sessions, Ashcroft, Ochoa, Board of Immigration Appeals, Merits Cases


A clash over renewable fuels hinges on the meaning of a single word

On Tuesday, the Supreme Court will hear oral argument in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association. The case presents an issue of statutory interpretation involving the Renewable Fuel Standard  program — a part of the Clean Air Act that calls for incorporating renewable fuels into transportation fuels. With the meaning of the word “extension” at the core of the dispute, the case promises to yield insights into the justices’ interpretive stances. As clean-energy initiat...
Tags: Featured, Supreme Court, Law, Congress, Epa, Department Of Energy, Chevron, Renewable Fuel Standard, U S Court of Appeals, Renewable Fuels Association, 10th Circuit, Merits Cases, Skidmore, Natural Resources Defense Council Inc, Swift Co, Chevron USA Inc


Justices to consider constitutionality of donor disclosure rule

The Supreme Court will close out its April argument session next week with two major First Amendment cases. On Wednesday, it will hear the case of a Pennsylvania student who was removed from her high school cheerleading team after posting offensive messages on social media. But on Monday, it will first hear a very different First Amendment case: a challenge to California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names...
Tags: Featured, Supreme Court, Law, Congress, California, Alabama, Georgia, Pennsylvania, Citizens United, Connecticut, Michigan, Christian, Naacp, Irs, Charles Koch, Richard Blumenthal


Meandering argument sheds little light on mandatory awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. Hotels.com considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. It turns out, at least as far as the argument suggests, that nothing about that question is simple or obvious. The case involves two subsections of Rule 39 of the Federal Rules of Appellate Procedure. The first question is which party should pay costs. All agree that s...
Tags: Supreme Court, Law, Circuit, San Antonio, Thomas, John Roberts, Barrett, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Gorsuch, Merits Cases


Justices decisively reject imposing issue exhaustion on Social Security claimants

The Supreme Court on Thursday firmly rejected the government’s request that the court impose an “issue-exhaustion” requirement on Social Security claimants. In Carr v. Saul (consolidated with Davis v. Saul), all parties agreed that those claimants must take their claims first to the Social Security Administration – and these claimants did that. The question was whether they must raise, before the agency, all of the issues they will eventually raise when they get to court. In this case, for exam...
Tags: Featured, Supreme Court, Law, Social Security, Davis, Social Security Administration, Carr, Sonia Sotomayor, SSA, Sims, Saul, Sotomayor, ALJ, Merits Cases, Apfel, Appeals Council


Justices unanimously reject FTC’s authority to compel monetary relief

My post summarizing the oral argument in AMG Capital Management v. Federal Trade Commission suggested that it didn’t go well for the FTC because even Justice Stephen Breyer was unreceptive to the broad authority the commission was claiming in its efforts to recoup money from businesses accused of deceiving consumers. That understanding was born out Thursday when Breyer’s opinion for a unanimous court firmly and categorically rejected the commission’s argument. As Breyer explains, the case inv...
Tags: Featured, Law, Congress, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management, AMG Capital


Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

The justices explored possible ways to limit the doctrine of patent assignor estoppel during oral argument in Minerva Surgical Inc. v. Hologic Inc. on Wednesday. The doctrine works like this. An inventor files a patent application on an invention and assigns the patent rights to an assignee — perhaps in exchange for money from the assignee, or perhaps as part of a contract with the inventor’s employer. After a patent issues, the assignee contends that the inventor has infringed the patent. In t...
Tags: Featured, Supreme Court, Law, Wolf, John Roberts, Minerva, Stephen Breyer, Elena Kagan, Clarence Thomas, Hologic Inc, Ratner, Hologic, Hochman, Merits Cases, Neil Gorsuch, Robert Hochman


Is it too late for Guam to sue the Navy to pay for the cleanup of its dumpsite?

On Monday the Supreme Court will hear a dispute between the U.S. Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is a 30-mile-long island located in the Pacific Ocean 3,800 miles west of Hawaii. Its 170,000 residents are citizens of the United States. Because Guam lies west of the International Date Line, the island’s airport welcomes visitors with a sign ...
Tags: Featured, Supreme Court, Law, Congress, Navy, Spain, United States, Hawaii, Paris, Epa, Christian, Vietnam, District Of Columbia, Environmental Protection Agency, Pacific Ocean, Pearl Harbor


Court upholds life-without-parole sentence for Mississippi man convicted as juvenile

This article was updated on Thursday, April 22, at 7:40 p.m. The Supreme Court on Thursday declined to impose new restrictions on the ability of states to sentence juveniles to life without parole, rejecting a challenge from a Mississippi man, Brett Jones, who was convicted of the 2004 stabbing death of his grandfather, a crime committed when Jones was 15. Jones had argued that two recent Supreme Court decisions on mandatory life-without-parole decisions for juveniles – the court’s 2012 decisio...
Tags: Featured, Mississippi, Supreme Court, Law, Alabama, Louisiana, Jones, Montgomery, Miller, Thomas, Sonia Sotomayor, The Supreme Court, Howe, Sotomayor, Stephen Breyer, Elena Kagan


Skepticism and the shadow of Chevron in Sanchez v. Mayorkas argument

The humanitarian stakes were indiscernible in Monday morning’s oral argument in Sanchez v. Mayorkas, which examined whether noncitizens who have been granted Temporary Protected Status are eligible for the statutory procedure known as “adjustment of status” in order to become lawful permanent residents. Only Justice Brett Kavanaugh alluded to the 400,000 individuals granted TPS, most of whom have been living and working in the United States for decades, whose prospects of permanent residence wo...
Tags: Supreme Court, Law, Congress, United States, El Salvador, Biden, Chevron, Thomas, Sonia Sotomayor, John Roberts, Roberts, Sánchez, Alito, Gonzalez, Barrett, U S Court of Appeals


Justices reject issue-exhaustion requirement for Social Security claimants

The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. Carr v. Saul considered whether Social Security claimants are required not only to go through the administrative process before seeking relief in court, but whether they must raise before the agency all of the issues they will present when they get to court. The court ruled 9-0 that claimants need not rai...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Carr, Sonia Sotomayor, Saul, Sotomayor, Stephen Breyer, Clarence Thomas, Merits Cases


Unanimous court curtails FTC’s ability to obtain restitution for deceptive practices

The Supreme Court on Thursday unanimously ruled against the Federal Trade Commission in a dispute with a payday loan company over the extent of the commission’s authority to seek monetary restitution from companies engaged in deceptive practices. In an opinion by Justice Stephen Breyer, the court held that Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek (and does not allow courts to award) “equitable monetary relief such as restitution or disgorgement.” That...
Tags: Featured, Supreme Court, Law, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management


Justices to consider awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. Hotels.com brings the justices a basic nuts-and-bolts question of civil procedure: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Generally speaking, under the “American” rule that prevails in the United States, the prevailing party in litigation must pay its own attorney’s fees. There is, however, a relatively narrow category of administrative “costs” related to litigation that the preva...
Tags: Texas, Featured, Law, United States, San Antonio, U S Court of Appeals, 5th Circuit, Merits Cases, 5th Circuit the district


Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. v. Hologic Inc. about whether to abolish the doctrine of patent assignor estoppel. This doctrine, which has fallen under criticism, prohibits an inventor from challenging the validity of the patent on the inventor’s own invention. Background Why would the inventor challenge the validity of the patent on his own invention? Because he is being sued for patent infringement after he assigned the patent rights to ...
Tags: Featured, Supreme Court, Law, Congress, Westinghouse, Minerva, Lear, Hologic Inc, U S Court of Appeals for the Federal Circuit, Hologic, Merits Cases, Mark Lemley, Lear Inc, Truckai, Formica Insulation Co, Minerva Surgical Inc


Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations

With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations. During nearly two hours of oral argument in Yellen v. Confederated Tribes of the Chehalis Reservation, the justices expressed doubts about the textual arguments advanced by both sides even as they seemed wary of the consequences of a ruli...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Paul Clement, Yellen, Thomas, Sonia Sotomayor, John Roberts, Roberts, Treasury Department, Alito, Barrett, Sotomayor


Pondering the aftermath of a landmark ruling in felon-in-possession cases

On June 21, 2019, the Supreme Court handed down its opinion in Rehaif v. United States, holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. The 7-2 decision overruled precedent in every circuit that had considered the issue. Rehaif applies to every federal felon-in-possession conviction not yet final as of the date ...
Tags: Supreme Court, Law, United States, South Carolina, Gary, Jacksonville Florida, Sonia Sotomayor, Greer, U S Court of Appeals, Stephen Breyer, 11th Circuit, 4th Circuit, Lockhart, Merits Cases, United States and United States, Rehaif


Are Alaska Native corporations Indian tribes? A multimillion-dollar question

Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims in Alaska — “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act? On Monday, the Supreme Court will hear argument on that question in Yellen v. Confederated Tribes of the Chehalis Reservation. Immediately at stake in the answer is billions of dollars in federal CARES Act funding. But the outcome could also have longer-term consequences for how, and fro...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Treasury, Oklahoma, Yellen, Anchorage, Treasury Department, D C Circuit, Uintah, Bureau of Indian Affairs, Alaska Native, Prudhoe Bay


Immigration dispute may determine whether tens of thousands of U.S. residents can get green cards

Sanchez v. Mayorkas, scheduled for oral argument on Monday, focuses on whether noncitizens who have been granted humanitarian relief from deportation can seek lawful permanent residency in the United States, through a process known as “adjustment of status,” without first leaving the country. Or must they depart the U.S. and complete their applications for permanent status while abroad? The statutory question presented is whether noncitizens certified by the government for the humanitarian reli...
Tags: Featured, Supreme Court, Law, Congress, Dhs, United States, El Salvador, Biden, Chevron, Trump, Sánchez, Gonzalez, U S Court of Appeals, Mayorkas, 3rd Circuit, Board of Immigration Appeals