Posts filtered by tags: Neil `` Gorsuch[x]


Missouri GOP Hints At Voting Rights Overhaul To Undermine Immigrant Vote

Missouri’s GOP legislature appears to be considering, again, a change to its redistricting process that would have major impacts on the political representation of immigrant-heavy regions. Republican lawmakers filed an amendment that would change the standard in how legislative districts are drawn. It would require that they be drawn on a vague “one person, one vote, using data ” basis, rather on the basis of total population, as is currently the practice in all 50 states. The tweak in langu...
Tags: News, Supreme Court, Immigration, Gop, Missouri, Redistricting, Justice Department, Ross, Vra, Abbott, Trump, Voting Rights, Tierney Sneed, Brennan Center, Evenwel, Neil Gorsuch

A “view” from the courtroom: Counting to five

Today is the oral argument in one of the term’s biggest cases, Department of Commerce v. New York, about the Trump administration’s efforts to add a citizenship question to the 2020 census. It is also a rare day for afternoon arguments, and rarer still because there will be two of those. Solicitor General Noel G. Francisco at lectern (Art Lien) When the court squeezed the census case into its already announced April calendar, it made the wise decision to push the two cases that were originall...
Tags: New York, Featured, Supreme Court, Law, Congress, United States, Commerce, House, House Of Representatives, United Nations, Wisconsin, Un, Francisco, Mitchell, Trump, Sonia Sotomayor

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

Conservative Justices Seem Inclined To Keep Citizenship Question On Census

With so much at stake — the apportionment of political power nationwide, the adequate representation of immigrant communities, the scope of executive power —the Supreme Court arguments Tuesday over whether the Trump administration could add a citizenship question to the 2020 census wound up being highly technical. The much-anticipated hearing included ample discussion of phrases like “comparative errors,” “maximal need,” and “credible quantitative evidence.” What was not evident was any un...
Tags: New York, News, Supreme Court, Congress, Commerce, Aclu, United Nations, Dc, Francisco, Justice Department, Ross, Trump, Tierney Sneed, Ho, Sonia Sotomayor, John Roberts

Gorsuch Comments Preview Endgame If Citizenship Question Is Added To Census

Justice Neil Gorsuch can’t wait to let states exclude noncitizens from redistricting. Multiple times during Tuesday’s hearing on the Trump administration’s move to add a citizenship question to the census, Gorsuch returned to vague allusions to an unsuccessful 2016 Supreme Court case that dealt with that possibility. Gorsuch’s lines of inquiry didn’t get too much traction at Tuesday’s arguments, which mostly focused on the technical considerations of Secretary Wilbur Ross’ decision to include...
Tags: New York, News, Supreme Court, Court, Aclu, ACS, Dc, Ross, Abbott, Trump, Tierney Sneed, Alito, Underwood, Clarence Thomas, Samuel Alito, Census Bureau

Argument analysis: Employment discrimination law’s “natural experiment”

As it turns out, oral argument in Fort Bend County v. Davis was not the most headline-grabbing Title-VII-related news emanating from the Supreme Court yesterday. Disagreement among the justices seemed relatively muted as they wrestled with whether the requirement that employment discrimination plaintiffs present their claims to the Equal Employment Opportunity Commission before filing lawsuits is a jurisdictional prerequisite or merely a claim-processing rule. Raffi Melkonian for respondent (A...
Tags: Featured, Supreme Court, Law, Congress, Davis, Ruth Bader Ginsburg, Bond, John Roberts, EEOC, Equal Employment Opportunity Commission, Roberts, Ginsburg, Alito, U S Court of Appeals, Westlaw, Samuel Alito

Supreme Court Will Take Up LGBT Job Discrimination Cases In The Fall

WASHINGTON (AP) — The Supreme Court will decide whether the main federal civil rights law that prohibits employment discrimination applies to LGBT people. The justices say Monday they will hear cases involving people who claim they were fired because of their sexual orientation. Another case involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman. The cases will be argued in the fall, with decisions likely by June 20...
Tags: New York, News, Supreme Court, Obama, Congress, Washington, Lgbt, Atlanta, Georgia, Ap, Chicago, Michigan, Discrimination, Donald Trump, Cincinnati, Trump

Friday round-up

As Amy Howe reports for this blog, the court issued revisions to its rules yesterday that reduce the word limits for merits briefs and “require the parties to a case before the Supreme Court to identify any lower-court cases that are directly related to the Supreme Court proceedings.” At Bloomberg Law, Kimberly Robinson reports that practitioners welcomed the latter changes, which are “intended to reduce ‘missed’ conflicts, where the justices recognize late in proceedings that there are grounds ...
Tags: Supreme Court, Law, Bloomberg, Smith, Patterson, Round-up, McDonough, Heritage Foundation, Jessica Mason Pieklo, Amy Howe, Bucklew, Goldstein Russell, Walgreen Co, The George Washington Law Review, Elizabeth Slattery, Neil Gorsuch

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

Abortion providers ask Supreme Court to take up appeal

In early February, the Supreme Court put a temporary hold on a Louisiana law that requires doctors who perform abortions in the state to have the authority to admit patients at a nearby hospital. Chief Justice John Roberts joined the court’s four more liberal justices in granting a request from abortion providers to bar the state from enforcing the law until the providers could file a petition for review of a ruling by the U.S. Court of Appeals for the Fifth Circuit upholding the law. That petit...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Scalia, Howe, Anthony Kennedy, U S Court of Appeals for the Fifth Circuit, 5th Circuit, Cases in the Pipeline, What's Happening Now, Brett Kavanaugh

Argument preview: Must an unauthorized immigrant in possession of a firearm know he is in the country illegally?

When the federal government prosecutes someone not legally in the United States for possessing a firearm, must the government prove that the person actually knew he was not legally in the country? Or need the government merely prove that the person knew he possessed the firearm? The U.S. Supreme Court will puzzle over this classic, yet novel, statutory question of “mens rea,” or criminal intent, when it hears argument on April 23 in Rehaif v. United States. In August 2013, Hamid Mohamed Ahmed A...
Tags: Featured, Supreme Court, Law, Congress, Fbi, United States, United Arab Emirates, Melbourne, Armed Forces, U S Supreme Court, U S Court of Appeals, 11th Circuit, Florida Tech, Gorsuch, Melbourne Florida, Merits Cases

A “view” from the courtroom: Dangling past participles

The first case for argument today involves the highly provocative trademark, “FUCT,” for a line of “streetwear” founded by Erik Brunetti in California in 1990. Brunetti’s lawyer, John Sommer, promised in his merits brief that references to “vulgar terms” will be not be necessary during oral arguments, or if necessary, “the discussion will be purely clinical, such as when medical terms are discussed.” Erik Brunetti seated in courtroom for argument (Art Lien) At the end of the hour, he will ...
Tags: UK, Featured, Supreme Court, Law, Congress, California, Walmart, George Carlin, Quentin Tarantino, Donald Trump, Ruth Bader Ginsburg, Samuel L Jackson, Carlin, Jules, Tam, Stewart

Thursday round-up

In an op-ed for the Los Angeles Times, Brianna Cea and Thomas Wolf weigh in on Department of Commerce v. New York, a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census, arguing that, contrary to the administration’s assertion, “[n]ever in the census’ 230-year history has the decennial questionnaire asked for the citizenship status of everyone in the country.” In the latest episode of Bloomberg Law’s Cases and Controversies podcast, “Kimberly R...
Tags: New York, Supreme Court, Law, Washington Post, Wall Street, Alabama, Los Angeles, DOE, Trump, Round-up, U S Supreme Court, Cato, Cato Institute, Hugh Hewitt, Andrew Cohen, Department of Commerce

Neil Gorsuch’s New Book Sounds Very Familiar

I guess coming up with an original book title is harder than it sounds.
Tags: Books, Supreme Court, Law, Courts, Trivia Question of the Day, Neil Gorsuch

Argument preview: Who’s afraid of the categorical approach?

Next Wednesday, the Supreme Court will hear argument in United States v. Davis. Davis is the latest in a string of cases stemming from Johnson v. United States, the 2015 decision invalidating the Armed Career Criminal Act’s residual clause (Section 924(e)(2)) as unconstitutionally void for vagueness. ACCA imposes additional punishment on certain individuals convicted of being a felon in possession of a firearm. That crime typically carries a maximum of 10 years’ imprisonment. ACCA imposes a 15-y...
Tags: Featured, Supreme Court, Law, United States, Davis, Johnson, Thomas, Alito, Dean, Stephen Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, Anthony Kennedy, Davis Davis, United States the Supreme Court

Monday round-up

Subscript Law offers a graphic explainer for the decision last week in Bucklew v. Precythe, in which the court rejected a death-row inmate’s argument that, because he suffers from a rare medical condition, executing him by lethal injection would be so painful that it would violate the constitution’s ban on cruel and unusual punishment. Opening Arguments (podcast) “takes an in-depth look at [the] decision,” which “lays bare the ‘originalist’ view of the Eighth Amendment.” At Jost on Justice, Kenn...
Tags: Supreme Court, Law, Bloomberg, South Dakota, Liberty, Nebraska, Usa Today, Donald Trump, Trump, Round-up, U S Supreme Court, Richard Wolf, Kenneth Jost, Jost, Nebraska Supreme Court, Janus

Mitch McConnell is destroying the Senate – and American government

The majority leader cares only for winning, not rules or democracy itself. He is doing more damage than Trump * The Hill to Die On: Trump and a Republican dumpster fireDonald Trump speaks to the press alongside Mitch McConnell. Photograph: Brendan Smialowski/AFP/Getty ImagesNo person has done more in living memory to undermine the functioning of the US government than the Senate majority leader, Mitch McConnell.Yes, Donald Trump has debased and defiled the presidency. He has launched blistering...
Tags: News, Obama, Washington, Senate, US, Barack Obama, United States, Arizona, Mitch McConnell, John Mccain, Trump, Abraham Lincoln, McCain, University of California at Berkeley, Robert Reich, McConnell

Trump Will Keynote NRA Leadership Forum at Indy Convention

President Donald Trump will once again headline the NRA convention, scheduled in Indianapolis April 26-28. He will keynote the Friday Leadership Forum. (Dave Workman) U.S.A. –-( For the fifth year in a row, Donald Trump will be appearing at the National Rifle Association’s Leadership Forum during the organization’s 148th annual meetings and exhibits at the Indiana Convention Center – Lucas Oil Stadium, in Indianapolis on April 26, NRA has announced. NRA made the announcement Fri...
Tags: Guns, Supreme Court, California, White House, New York City, Court, San Francisco, Indianapolis, Alaska, Hawaii, Arizona, Fox News, Usa Today, Donald Trump, Trump, Nra

The Supreme Court as the Aristocratic Element of a Mixed Regime

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).John O. McGinnisIn The Company They Keep: How Partisan Divisions Came to the Supreme Court, Neal Devins and Lawrence Baum provide a compelling, elegant, and permanent addition to the political science of the Court. In their view, the Court is substantially more influenced by elite than by popular opinion. The great strength of thei...
Tags: Supreme Court, Congress, Court, Society, Harvard, United States, Ronald Reagan, Kennedy, Nlrb, Branding, Guest Blogger, Thomas, Thomas Jefferson, George, John Roberts, Scalia

Thursday round-up

At , Tony Mauro reports that “[t]he book-writing bug has bitten U.S. Supreme Court Justice Neil Gorsuch, as it has with several of his colleagues”: A “book by Gorsuch titled ‘A Republic, If You Can Keep It,’ will be published in September” and “will include eight original essays as well as a collection of Gorsuch speeches and writings.” Additional coverage comes from Patrick Gregory and others at Bloomberg Law. At Reason’s Volokh Conspiracy blog, John Stinneford writes of Monday’s decision in...
Tags: Mississippi, Maryland, Supreme Court, Law, Court, Atlantic, United States, Missouri, Flowers, Round-up, Thomas, U S Supreme Court, Montgomery County, Adam Feldman, John Stinneford, Garrett Epps

Justice Neil Gorsuch to release book in September

In September, Justice Neil Gorsuch will publish his first book since taking the high court, his publisher announced on Wednesday.
Tags: Cnn, Neil Gorsuch

Justice Neil Gorsuch to release book

In September, Justice Neil Gorsuch will publish his first book since taking the high court, his publisher announced on Wednesday.
Tags: News, Stories, Neil Gorsuch

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

Book of Gorsuch speeches and writings out in September

NEW YORK (AP) — Supreme Court Justice Neil Gorsuch has a collection of speeches, writings and eight original essays coming out this fall. Crown Forum, a conservative imprint at Penguin Random House, announced Wednesday that Gorsuch’s “A Republic, If You Can Keep It” is scheduled for Sept. 10. The book’s title derives from a comment […]
Tags: New York, News, Supreme Court, Entertainment, Ap, Nation, Penguin Random House, Gorsuch, Neil Gorsuch

Trump is capturing the judiciary at an alarming rate

Judges confirmed by the president – 92 to date – have shown loyalty to their party which seeks to roll back decades of progressThe supreme court justices Neil Gorsuch, left, and Brett Kavanaugh were both nominated by Donald Trump. Photograph: Doug Mills/AFP/Getty ImagesMexico is not paying for Donald Trump’s wall. The 2018 tax cut did not give tax relief to middle-class Americans. And no infrastructure or healthcare bills have emerged from this administration. But, the one promise that the presi...
Tags: New York, Chris Christie, News, California, Senate, US, New Jersey, Bill Clinton, Ohio, Republican, Donald Trump, Dianne Feinstein, Kamala Harris, Trump, Cory Booker, Clarence Thomas

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