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Tuesday round-up

The justices will hear oral argument this morning in two cases. The first is Parker Drilling Management Services. Ltd. v. Newton, in which they will consider whether California’s overtime and wage laws apply to drilling rigs on the Outer Continental Shelf. Andrew Siegel previewed the case for this blog. Lauren Devendorf and Tyler Schmitt have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in North Carolina Dept of Revenue v. Kimberley Rice Kaestn...
Tags: Supreme Court, Law, California, Washington Post, Court, Npr, Los Angeles Times, Cornell, Newton, Ucla, Round-up, Lyle Denniston, Robert Barnes, Howe, Jess Bravin, Nina Totenberg


Monday round-up

For , Jess Bravin reports that last week’s order temporarily halting the execution of a Buddhist prisoner, Patrick Murphy, pending review of Murphy’s challenge to Texas’ refusal to allow a Buddhist priest to join him in the execution chamber “contrasted sharply with the court’s 5-4 vote last month rejecting a similar plea from a Muslim inmate in Alabama.” At The Economist’s Democracy in America blog, Steven Mazie calls the order “something of a surprise” “[g]iven the justices’ recent decision” ...
Tags: New York, Texas, Supreme Court, Law, Congress, Washington Post, Alabama, America, Bloomberg, New York Times, Ada, Ruth Bader Ginsburg, Chevron, Economist, Trump, Round-up


Friday round-up

Last night the Supreme Court halted the execution of a Buddhist prisoner, Patrick Murphy, pending review of Murphy’s challenge to Texas’ refusal to allow a Buddhist priest to join him in the execution chamber. Amy Howe has this blog’s coverage. At Bloomberg, Greg Stohr reports that “[[t]he order marked an abrupt shift for the court, which last month voted 5-4 to let Alabama execute a Muslim man without his imam.” Robert Barnes reports for The Washington Post that “[t]he court’s conservatives wer...
Tags: Texas, Mississippi, Supreme Court, Law, Congress, Washington Post, Alabama, America, Bloomberg, Alaska, Louisiana, Flowers, Ada, Chevron, Economist, Trump


Afternoon round-up: Today’s oral argument in partisan gerrymandering cases

Today the Supreme Court heard oral argument in two cases, Lamone v. Benisek and Rucho v. Common Cause, which challenge the constitutionality of election maps in Maryland and North Carolina, respectively. The justices are being asked whether the states went too far in favoring one political party over the other when drawing their election maps. Amy Howe has this blog’s analysis, which was first published at Howe on the Court. She writes that after two hours of argument, “there were clear divides ...
Tags: Post, Maryland, Supreme Court, Law, Bloomberg, New York Times, Fox News, Associated Press, Arnold Schwarzenegger, Usa Today, North Carolina, The Washington Post, Los Angeles Times, Round-up, Reuters, Mark Sherman


Tuesday round-up

Today the justices will hear oral argument in Cochise Consultancy v. United States, ex rel. Hunt, which asks whether the “discovery” exception to False Claims Act statute of limitations applies to private parties in cases in which the government has not intervened. David Engstrom had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case at Cornell Law School’s Legal Information Institute. Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose...
Tags: Mississippi, Supreme Court, Law, Washington Post, Washington, Court, Bloomberg, Atlantic, Gop, United States, New York Times, Kansas, Beltway, Louisiana, Usa Today, Flowers


Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a g...
Tags: New York, Mississippi, Supreme Court, Law, Washington Post, America, Bloomberg, House, New York Times, Npr, Louisiana, North Carolina, Flowers, Smith, The Washington Post, Cornell


Case study on the Ginsburg conspiracy theories in action

#WheresRuth. Even as the answer – working from home while recovering from cancer surgery – was covered by journalists and confirmed by the Supreme Court itself, this hashtag and similar ones populated Twitter in January and February. False allegations about Justice Ruth Bader Ginsburg’s status ranged from standard political rumors (e.g., that she planned to announce her retirement soon) to massive conspiracy theories (e.g., that she was in a medically induced coma or that her death was being hid...
Tags: Post, Featured, Nbc, Supreme Court, Law, Washington Post, Washington, Fox News, Ruth Bader Ginsburg, Collins, ABA Journal, Woods, James Woods, Miller, Ruth, Ginsberg


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


Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding a patent case to its docket for next term and declining to review two related cases involving public funding of religious institutions. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Jurist, Erin McCarthy Holliday covers the patent case, Iancu v. NantKwest, which asks whether a federal law allowing a patent applicant to seek review of a patent denial in district court but re...
Tags: Supreme Court, Law, Washington Post, Wall Street, Court, Bloomberg, Ap, Cnn, House, New York Times, New Jersey, Ruth Bader Ginsburg, Los Angeles Times, Round-up, Thomas, Copyright Office


Thursday round-up

Amy Howe covers yesterday’s oral argument in The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property, for this blog, in a post that first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the court “seemed ready … to allow a 40-foot cross honoring soldiers who died in World War I to remain in place on public land in Maryland.” For , Jess Bravin reports that the “justice...
Tags: Usa, Maryland, Supreme Court, Law, Washington Post, Washington, India, Alabama, America, Bloomberg, Cnn, Atlantic, United States, Idaho, New York Times, Houston


Tuesday round-up

This morning the justices will hear oral argument in two criminal cases, both involving federal supervised release. First up is United States v. Haymond, a constitutional challenge to a statutory provision that requires judges to impose additional prison time on sex offenders who violate the terms of their supervised release. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Matt Farnum and Trevor O’Bryan preview the case for Cornell Law School’s Legal Information Inst...
Tags: Supreme Court, Law, California, Washington Post, Ap, United States, New York Times, Fox News, Jackson, Ruth Bader Ginsburg, Wall Street Journal, Cornell, Hyatt, American Legion, Round-up, National Review


Supreme court curbs states' power to levy fines and seize property through civil forfeiture

The Supreme Court today unanimously rules for Tyson Timbs, a small-time drug offender whose $42,000 Land Rover was seized by the state of Indiana as a civil forfeiture. In its opinion, the Supreme Court rules that the U.S. Constitution's 8th amendment clause on excessive fines clause applies to states and local governments, and curbs their power to levy fines and seize property. Here is a link to the full Opinion by Justice Ginsburg. This is the first time the highest court of the nation has...
Tags: Post, News, Justice, Supreme Court, Law, Scotus, US news, Indiana, Civil Forfeiture, Mark Joseph Stern, Robert Barnes, Ginsburg, Steven Mazie, Clarence Thomas, Gorsuch, Picks


The Supreme Court just granted cert. in the case about adding a question about citizenship to the 2020 census.

Robert Barnes reports at WaPo.The census hasn’t asked the question of each household since 1950, and a federal judge last month stopped the Commerce Department from adding it to the upcoming count. He questioned the motives of Commerce Secretary Wilbur Ross, and said the secretary broke a “veritable smorgasbord” of federal rules by overriding the advice of career officials.Those opposed to the question argue the census response rate will likely fall if households are asked whether undocumented i...
Tags: Supreme Court, Law, Congress, Commerce, Census, New York New York, Robert Barnes, WaPo, Commerce Department, Department of Commerce, Ann Althouse, Wilbur Ross, Trump and immigration


Monday round-up

Amy Howe covers last week’s Supreme Court news, including action “in cases asking the justices to intervene in cases involving the death penalty and abortion,” in a podcast at Howe on the Court. At First Mondays (podcast), Howe joins the hosts to expand on those topics. At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privil...
Tags: Supreme Court, Law, Alabama, America, Bloomberg, Federal Communications Commission, Louisiana, Economist, ABA Journal, Round-up, John Roberts, Fourth Circuit, Robert Barnes, Roberts, Howe, Adam Liptak


"Some on the extreme political right had insisted that... it would be an ominous sign if [Ruth Bader Ginsburg] skipped President Trump’s State of the Union address Tuesday night."

Writes Robert Barnes in "Ruth Bader Ginsburg makes first public appearance since cancer surgery" (WaPo).And I'm just wondering who "some" are. I mean, I'm glad to hear that Justice Ginsburg was able to go to the theater...The 85-year-old justice attended a production of “Notorious RBG in Song” at the National Museum of Women in the Arts in Washington.But was anybody expecting her to show up at the State of the Union?Ginsburg has attended past State of the Union addresses — television cameras hav...
Tags: Law, Congress, Washington Post, Washington, Barack Obama, Theater, Ruth Bader Ginsburg, George W Bush, Clinton, Trump, Sotu, Robert Barnes, Ginsburg, National Museum of Women in the Arts, Ann Althouse, RBG


Tuesday round-up

Briefly: Robert Barnes reports for The Washington Post that “Justice Ruth Bader Ginsburg on Monday night made her first public appearance since undergoing cancer surgery in December, attending a celebration of her life presented in song.” For The Detroit News, Jonathan Oosting reports that yesterday Justice Sonia Sotomayor denied a request to delay a trial in Michigan, scheduled to begin today, in a case involving claims “that maps approved by the Republican-led Legislature in 2011 intentionall...
Tags: Supreme Court, Law, Washington Post, Ap, Gop, Wyoming, Tennessee, Federal Communications Commission, Wisconsin, Michigan, Louisiana, Ruth Bader Ginsburg, Round-up, Mark Sherman, Sonia Sotomayor, Legislature


Friday round-up

Robert Barnes of The Washington Post reports that a request by abortion providers in Louisiana to the Supreme Court for an emergency stay of a state law provides “an unexpectedly quick test on the issue for the court’s strengthened majority,” which otherwise “seems to have taken a low-key approach to this term, after an unwelcome moment in the political spotlight during the partisan brawl over [Justice Brett] Kavanaugh’s nomination.” Additional coverage come from Richard Wolf of USA Today, Sabri...
Tags: Supreme Court, Law, America, Fox, New York Times, Ferguson, Louisiana, Usa Today, Smith, The Washington Post, Center For Reproductive Rights, Nancy Northup, Round-up, Robert Barnes, Richard Wolf, Alito


Lawyer Repping Covington Kids Vows To Sue Maggie Haberman, Others For Libel

A Trump-supporting attorney working pro bono for families and alumni of Covington Catholic High School told “Fox and Friends” on Wednesday that he’s giving journalists and celebrities 48 hours to retract their comments about the students involved in the protest or he will start suing. The lawyer, Robert Barnes, specifically mentioned New York Times reporter Maggie Haberman, who he called “Haberstam.” In a tweet over the weekend, Haberman said it would be “interesting” to see if any students w...
Tags: News, Fox, New York Times, Omaha, Catholic, Trump, Phillips, Robert Barnes, Covington, Maggie Haberman, Haberman, Maga, Nathan Phillips, Nicole Lafond, Covington Catholic High School, Nick Sandmann


Wednesday round-up

Yesterday the Supreme Court issued orders from last Friday’s conference. The justices agreed to review a challenge to New York City’s restrictions on the transportation of licensed handguns, in a case that may not be heard until next term. They also denied the federal government’s request to review lower-court orders banning implementation of the Trump administration’s ban on service in the military by most transgender people, but, by a 5-4 vote, they reinstated the ban while appeals are pending...
Tags: New York, Supreme Court, Law, Obama, Washington Post, Washington, New York City, Bloomberg, Cnn, Npr, Oklahoma, Usa Today, Ruth Bader Ginsburg, Trump, Round-up, U S Supreme Court


As Covington families look into legal action, one lawyer is offering his services for free

Attorney Robert Barnes tells 'Fox & Friends' that any 'false statements' made about the students needs to be retracted and corrected within 48 hours or he may sue.
Tags: News, Fox, Robert Barnes, Covington


Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe analyzes yesterday’s oral argument in Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing. For The Washington Post, Robert Barnes reports that “Supreme Court justices indicated … that they thought Tennessee’s tough residency requirements for those who want to run liquor stores have more to do with protecting in-state economic interests...
Tags: New York, Supreme Court, Law, Congress, Court, Bloomberg, United States, Tennessee, Medicare, Jackson, Ruth Bader Ginsburg, The Washington Post, Trump, Round-up, Reuters, U S Supreme Court


Tuesday round-up

This morning the justices will hear oral argument in two cases. The first is Home Depot U.S.A. Inc. v. Jackson, which involves the ability of a third-party class-action defendant to remove a counterclaim from state court to federal court. Ronald Mann previewed the case for this blog. Basem Besada and Isaac Idicula have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute ...
Tags: Supreme Court, Law, California, Washington Post, Tennessee, Jackson, Securities And Exchange Commission, Round-up, Whitaker, Robert Barnes, Blair, Michaels, Howe, Carpenter, Department of Health and Human Services, Henry Schein Inc


Thursday round-up

Richard Re has this blog’s analysis of yesterday’s argument in Franchise Tax Board of California v. Hyatt, in which the justices considered whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Mark Walsh provides a first-hand view of the argument for this blog. For The Washington Post, Robert Barnes reports that during the argument, “two of the court’s most experienced practitioners recounted the founding of the union and the framing ...
Tags: Supreme Court, Law, Indiana, Wyoming, Tennessee, The Washington Post, Hyatt, Round-up, Robert Barnes, Blair, Adam Liptak, Jess Bravin, Brent Kendall, Henry Schein Inc, Mark Walsh, Jessica Mason Pieklo


Wednesday round-up

The justices wrap up the first week of the January session today with one oral argument, in Franchise Tax Board of California v. Hyatt, in which the court will consider whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Richard Re previewed the case for this blog. Clotilde Le Roy and Jarrett Field have a preview at Cornell Law School’s Legal Information Institute. In his first Supreme Court opinion, Justice Brett Kavanaugh wrote for...
Tags: Supreme Court, Law, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, New Orleans, Fox News, Republican, Economist, Hyatt, Trump, Round-up


Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest. Gregory Ablavsky previewed the case for this blog. Cecilia Bruni and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. At Bloomberg Law, Jordan Rubin reports that this is “the third high court clash this term asking the justices to parse an old treaty’s modern e...
Tags: Supreme Court, Law, Ap, United States, Wyoming, Missouri, House Of Representatives, Davis, Sudan, Usa Today, Donald Trump, Ruth Bader Ginsburg, Doj, The Washington Post, Cornell, Trump


"Justice Ruth Bader Ginsburg will not be on the bench Monday when the Supreme Court hears oral arguments, the first time in her career she has missed a session."

Writes Robert Barnes at WaPo.“As long as I can do the job full steam, I will do it,” Ginsburg said last year. She has hired law clerks through the 2020 term.From the comments at WaPo: "11 more months until an election year, where we cannot replace Justices. Hang in there Ruth!" [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Ruth, Robert Barnes, Ginsburg, WaPo, Ann Althouse


Ginsburg Will Miss Oral Arguments For First Time Ever Monday

Supreme Court Justice Ruth Bader Ginsburg will not be present on the bench for oral arguments on Monday, The Washington Post reported.  The Supreme Court blog’s Twitter feed confirmed the news and said Ginsburg would be working from home and could still participate in Monday’s cases. She is working from home & can still participate in today's cases based on the transcripts and briefs. #SCOTUS is hearing oral argument today in FDA preemption & debt collection cases. https://t.co/8oLLlAN8m...
Tags: News, Supreme Court, Washington Post, Fda, Ruth Bader Ginsburg, Robert Barnes, Ginsburg, Amy Howe, Livewire, Nicole Lafond


Monday round-up

This morning the Supreme Court kicks off the January argument session with oral arguments in two cases. The first is Merck Sharp & Dohme v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs. Elizabeth McCuskey previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview for Cornell Law School’s Legal Information Institute. The second case today is Obduskey v....
Tags: Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Massachusetts, Bloomberg, Gop, Wyoming, North Carolina, Ruth Bader Ginsburg, Justice Department, Cornell, Trump, Round-up


Wednesday round-up

At NPR, Nina Totenberg reports that “[a] specially appointed federal panel of judges has dismissed all 83 ethics complaints brought against Justice Brett Kavanaugh regarding his conduct at his confirmation hearings,” “conclud[ing] that while the complaints ‘are serious,’ there is no existing authority that allows lower court judges to investigate or discipline Supreme Court justices.” Additional coverage comes from Kevin Daley at The Daily Caller, Joan Biskupic at CNN, Samuel Chamberlain at Fox ...
Tags: Supreme Court, Law, Washington Post, Npr, Usa Today, Donald Trump, Ruth Bader Ginsburg, Aba, Round-up, U S Supreme Court, Robert Barnes, Richard Wolf, Ginsburg, Nina Totenberg, Kavanaugh, Joan Biskupic


Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that the Trump administration yesterday asked the Supreme Court to put a hold on a lower-court ruling that bars enforcement of a new policy prohibiting immigrants who enter the country illegally across the U.S.-Mexico border from requesting asylum. Additional coverage comes from Robert Barnes for The Washington Post, Andrew Chung at Reuters, Bob Egelko at the San Francisco Chronicle, Michael Burke at The Hill, Gr...
Tags: Supreme Court, Law, Washington Post, Mexico, Court, San Francisco, Fox News, Donald Trump, Medicaid, Justice Department, Robbins, Trump, Round-up, Reuters, U S Supreme Court, Robert Barnes