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Wednesday round-up

After staying up late to resolve a flurry of last-minute litigation concerning the execution of Lisa Montgomery, the justices will hear their third and final oral argument of the week at 10 a.m. in AMG Capital Management v. Federal Trade Commission, a case about the FTC’s authority to seek monetary relief when suing companies for unfair or deceptive trade practices. Our preview of the case is here. Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Co...
Tags: Supreme Court, Law, Federal Trade Commission, Ftc, Trump, Round-up, Robert Barnes, Adam Liptak, Mark Walsh, Trump Organization, Lisa Montgomery, Howard Wasserman, Kara Scannell, AMG Capital Management, Washington Post Citing Taylor Swift Supreme Court


Monday round-up

The Supreme Court has a busy week ahead. The justices return to the virtual bench for oral arguments, starting Monday at 10 a.m. with Pham v. Guzman Chavez, a case about whether certain noncitizens facing deportation are eligible for bond hearings while they assert claims that they are not eligible for removal to a certain country. Our case preview is here. Before the Guzman Chavez argument, at 9:30 a.m., the court is expected to release additional orders from its private conference last week — ...
Tags: Supreme Court, Law, Round-up, Robert Barnes, Breyer, Mark Walsh, Pham, Washington Supreme Court, Guzman Chavez, Jennifer Hijazi, Washington Post U S Supreme Court, Thomas Wife of Clarence, Liberty Preview of Pham


Tuesday round-up

Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Court won’t revive Kansas voting law requiring proof of citizenship (Robert Barnes, The Washington Post) Supreme Court takes sides in interstate river flow fight (Pamela King, E&E News) Supreme Court puts off ruling on Trump census case to exclude undocumented immigrants (Pete Williams, NBC News) Why Trump’s attempt to steal the election was too much even for Republican judges (Ian Millhiser, Vox) Anothe...
Tags: Supreme Court, Law, Kansas, Trump, Round-up, Robert Barnes, Edwards, Ian Millhiser, Pete Williams, Vannoy, Washington Post Supreme Court, Daniel Cotter, Walter Olson Cato, Pamela King E E News Supreme Court, NBC News Why Trump, Apodaca Kent Scheidegger


Monday round-up

After agreeing Friday to review two new cases — both involving the scope of police officers’ search-and-seizure authority — the Supreme Court will begin Thanksgiving week by releasing additional orders from its Friday conference. Among the issues pending on the court’s docket this week is a pair of emergency requests from religious organizations seeking to stop New York from enforcing restrictions on large gatherings at religious congregations. New York responded to the requests last week by tel...
Tags: New York, Supreme Court, Law, Round-up, Robert Barnes, Barrett, Amicus Curiae, National Law Journal Supreme Court, Michael Macagnone, Washington Post The Supreme Court, Anthony Franze Reeves Anderson


The first and last sentences of a Washington Post article titled "Supreme Court continues capital punishment trend with Barrett on the bench."

First sentence: "The Supreme Court continued its trend late Thursday night of allowing federal executions to go forward, with new Justice Amy Coney Barrett participating in her first capital punishment case on the court."  Last sentence: "Hall and three others drove the teenager to a motel room in Arkansas, where they assaulted her and then beat her with a shovel before she was buried alive." ADDED: Notice the switch to the passive voice: "they assaulted her and then beat her with a shovel ...
Tags: Murder, Supreme Court, Law, Washington Post, Arkansas, Death Penalty, Catholic, Notre Dame, Catholics, Hypocrisy, Robert Barnes, WaPo, Supreme Court Justice, Barrett, U S Court of Appeals, Religion And Government


Friday round-up

At the end of a busy week dealing with emergency requests on the court’s shadow docket, the justices are meeting Friday for a private conference. It is the first conference at which newly confirmed Justice Amy Coney Barrett will participate. The justices are scheduled to discuss — among other petitions for review — whether to take up an antitrust challenge to the National Football League’s telecasting arrangements and a case urging the justices to reconsider the qualified immunity doctrine. The ...
Tags: Mississippi, Supreme Court, Law, Washington Post, New York Times, National Football League, Round-up, Robert Barnes, Roberts, Adam Liptak, Mark Walsh, Curt Levey, Edward Foley, Amy Coney Barrett, Melissa Quinn, Washington Post The Supreme Court


White Woman Who Called Police On Black Birdwatcher In Viral Video Made Second 911 Call

A white woman whose encounter with a Black man birdwatching in Central Park in went viral in late May made a second call to 911 falsely claiming that he attempted to assault her that was previously unreported, according to prosecutors. A confrontation in Central Park between Amy Cooper and Christian Cooper (no relation) amid a disagreement over her unleashed dog on May 25 went viral. Christian Cooper recorded Amy Cooper in a video calling 911 and frantically claiming that her “entire life is b...
Tags: News, Manhattan, Central Park, Minneapolis Police, Cooper, Robert Barnes, Vance, Manhattan District Attorney s Office, Amy Cooper, Christian Cooper, Summer Concepcion, George Floyd, Cy Vance Jr Cooper, New York County Criminal Court


Kenosha shooter's defense portrays him as 'American patriot'

The way lawyers for Kyle Rittenhouse tell it, he wasn't just a scared teenager acting in self-defense when he shot to death two Kenosha, Wisconsin, protesters. “They’re playing to his most negative characteristics and stereotypes, what his critics want to perceive him as — a crazy militia member out to cause harm and start a revolution,” said Robert Barnes, a prominent Los Angeles defense attorney.
Tags: News, Los Angeles, Kenosha, Robert Barnes, Kenosha Wisconsin, Kyle Rittenhouse


Kenosha shooter’s defense portrays teen as ‘American patriot’

By BERNARD CONDON | Associated Press The way lawyers for Kyle Rittenhouse tell it, he wasn’t just a scared teenager acting in self-defense when he shot to death two Kenosha, Wisconsin, protesters. He was a courageous defender of liberty, a patriot exercising his right to bear arms amid rioting in the streets. “A 17-year-old citizen is being sacrificed by politicians, but it’s not Kyle Rittenhouse they are after. Their end game is to strip away the constitutional right of all citizens to defend o...
Tags: Politics, News, Shooting, Washington, Kentucky, Russia, Milwaukee, Los Angeles, Atlanta, Sport, Ukraine, Soccer, Gop, Wisconsin, Fox News, Associated Press


Monday round-up: Remembering Justice Ginsburg

The flags at 1 First Street are flying at half-staff, where they will remain for 30 days. A black wool crepe hangs over Justice Ruth Bader Ginsburg’s chair on the Supreme Court bench. And words of tribute and gratitude to the late justice are pouring in. Here is how the world is remembering Ginsburg’s life — and looking ahead to the battle over her seat on the court. Ginsburg obituaries: SCOTUSblog (written by Amy Howe and first published at Howe on the Court). The New York Times (written by L...
Tags: Supreme Court, Law, Washington Post, Washington, Senate, New York Times, Associated Press, Donald Trump, Ruth Bader Ginsburg, Wall Street Journal, Los Angeles Times, Economist, Trump, Round-up, Mark Sherman, New Republic


Justice Ruth Bader Ginsburg, feminist pioneer and progressive icon, dies at 87

Ruth Bader Ginsburg, a trailblazer who fought for gender equality as a lawyer and became a beloved hero of the progressive movement as a justice, died on Friday of complications from pancreatic cancer. When she was confirmed to the Supreme Court in 1993, Ginsburg was a reserved and relatively unknown court of appeals judge, but during the course of her 27 years on the court she became an improbable pop-culture icon, inspiring everything from an Oscar-nominated documentary film to her own action ...
Tags: New York, Texas, Featured, Sweden, Supreme Court, Law, Obama, Congress, Washington, Senate, White House, Virginia, Russia, Court, Alabama, America


Thursday round-up

The Trump administration wants the Supreme Court to reinstate a requirement for patients seeking abortions to visit doctor’s offices in order to obtain one of the drugs used in medication-induced abortions — a requirement that opponents say subjects patients to unnecessary risk during the coronavirus pandemic. “Most women take the pills that end a pregnancy in its early stages at home,” the Washington Post’s Robert Barnes reports, “and U.S. District Judge Theodore D. Chuang ruled in July that re...
Tags: Supreme Court, Law, Washington Post, Nbc News, Food And Drug Administration, Carney, Delaware, American Bar Association, Greenhouse, Trump, Round-up, Bush, Adams, Sonia Sotomayor, Robert Barnes, Stephen Breyer


InfoWars Reporter Hailed As a Deep State Victim. The Cops Say She Just Robbed Her Mom.

When InfoWars correspondent Millie Weaver was arrested last week, her supporters claimed she was the victim of a “deep state” prosecution of a truth-telling journalist. By Tuesday afternoon, they had raised more than $170,000 to help her fight the charges. In reality, Weaver wasn’t some heroine at the vanguard of a fight against nefarious government agents. Instead, she was arrested on charges of robbing her own mother, according to newly released court documents from police and prosecutors. But...
Tags: Chuck, News, Ohio, Charles, Alex Jones, Robert Barnes, Felicia, Weaver, Millie, Portage County, Gavin, McCarron, Weavers, Ezra Levant, Weaver Weaver, Millie Weaver


Monday round-up

August is here and the Supreme Court is well into its summer recess, but the court has been anything but quiet. Since July 9, when the court handed down its final opinions in argued cases for the 2019-20 term, the justices have continued to issue a string of high-profile rulings in response to emergency requests in ongoing litigation. Most recently, as Amy Howe reports for SCOTUSblog (in a story first published at Howe on the Court), the court on Friday afternoon allowed the construction of Pres...
Tags: Supreme Court, Law, Washington, Idaho, New York Times, Associated Press, Nevada, Donald Trump, Ruth Bader Ginsburg, Sherman, Wall Street Journal, Securities And Exchange Commission, Round-up, Mark Sherman, National Review, John Roberts


Thursday round-up

The summer recess has already seen lots of action on the Supreme Court’s “shadow docket,” and that continued Wednesday with an emergency request from environmental groups asking the court to halt the construction of President Donald Trump’s U.S.-Mexico border wall. The groups asked the court to essentially undo an order from a year ago in which the justices, divided 5-4, allowed construction of the wall to go forward while litigation over the funding of the wall proceeded in the lower courts. Am...
Tags: Supreme Court, Law, Washington, Mexico, Court, United States, Donald Trump, Trump, Round-up, Robert Barnes, Howe, Amy Howe, Katie Keith, Daily Journal Deborah La Fetra, Maine Community Health Options, Cale Jaffe


Progressives Should Take Yes For An Answer – And Not Miss Chances To Exploit Their Surprising Supreme Court Wins

Simon Lazarus   “You would have been dismissed as delusional,” as ACLU Legal Director David Cole said last week, if in October 2019 you had predicted end-of-term progressive Supreme Court victories establishing LGBTQ workplace equality, and rejecting Louisiana’s abortion restrictions,Trump’s bid to rescind DACA, and the Trump-Barr claim that presidents are immune from all federal or state prosecutions and investigations. Many progressive pundits, advocates, and politicians are visibly strugg...
Tags: Supreme Court, Congress, Washington Post, Washington, White House, Court, United States, Arkansas, Jimmy Carter, Lgbtq, Louisiana, ACA, King, Executive Branch, Branding, Guest Blogger


Friday round-up

The Supreme Court on Thursday issued its final opinions of the 2019-20 term, deciding blockbuster cases on President Donald Trump’s financial documents and the status of Native American land in Oklahoma. Amy Howe explains the pair of rulings on Trump’s financial records in an analysis for SCOTUSblog that first appeared at Howe on the Court. Adam Liptak of the New York Times writes that the decision in Trump v. Vance — involving a Manhattan grand jury’s access to Trumps’s records — is “a stunning...
Tags: New York, Texas, Supreme Court, Law, Congress, Washington Post, Cnn, Pennsylvania, United States, New York Times, Manhattan, Associated Press, Npr, Oklahoma, Usa Today, Donald Trump


Case Against Amy Cooper Lacks Key Element: Victim's Cooperation

The Manhattan district attorney's decision to charge a white woman with filing a false police report against a Black man in Central Park does not have the support of one key person: the victim himself.The man, Christian Cooper, has not cooperated with the prosecution's investigation. The woman, Amy Cooper, lost her job and was publicly shamed after a video Christian Cooper made on May 25 was posted online; it showed her calling 911 to claim an "African American man" was threatening her. ...
Tags: Facebook, New York, News, New York Times, Queens, Manhattan, Bill De Blasio, Central Park, Temple University, Hill, Robert Barnes, Alonso, Vance, Richards, John Jay College of Criminal Justice, Marc Lamont Hill


Wednesday round-up

For The Washington Post (subscription required), Robert Barnes reports that “Chief Justice John G. Roberts Jr. suffered a fall at a Maryland country club last month that required an overnight stay in the hospital, a Supreme Court spokeswoman confirmed Tuesday night.” Adam Liptak reports tor The New York Times that “[t]he chief justice has twice had seizures, in 1993 and 2007, but [the spokeswoman’s] statement said his latest fall had not been caused by one.” At CNN, Ariane de Vogue and Paul LeBl...
Tags: Maryland, Supreme Court, Law, Washington Post, Montana, Court, Bloomberg, Ap, United States, New York Times, Keystone Xl, Marcus, Round-up, Robert Barnes, Roberts, Greenwire


"The Supreme Court ruled unanimously Monday that states may require presidential electors to support the winner of the popular vote and punish or replace those who don’t..."

"... settling a disputed issue in advance of this fall’s election. Justice Elena Kagan wrote for the court, and settled the disputed 'faithless elector' issue before it affected the coming presidential contest. The Washington state law at issue 'reflects a tradition more than two centuries old,' she wrote. 'In that practice, electors are not free agents; they are to vote for the candidate whom the state’s voters have chosen.' Lower courts had split on the issue, with one saying the Constitution...
Tags: Supreme Court, Law, Washington, Donald Trump, Robert Barnes, WaPo, Elena Kagan, Electoral College, Ann Althouse, Chiafolo, Biden Sanders Warren Bloomberg


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


Event announcement: Supreme Court in Review: View from the Press Gallery

On June 30, 2020, from 3-4:30 p.m. ET, the Washington Council of Lawyers will host a discussion on the 2019-2020 Supreme Court term and the court’s future under COVID-19, led by a panel of veteran court reporters: Robert Barnes of the Washington Post, Joan Biskupic of CNN and Amy Howe of Howe on the Court. The event will be moderated by Art Spitzer of ACLU-DC. The cost of this program is $10 for members of WCL or co-sponsoring organizations, $15 for public interest and government lawyers and $20...
Tags: Supreme Court, Law, Washington Post, Cnn, Aclu, Robert Barnes, Howe, Joan Biskupic, Amy Howe, WCL, Event Announcements, ET the Washington Council of Lawyers, Art Spitzer


Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that “[a]fter just under three years (and three Supreme Court terms) on the job, Noel Francisco announced today that he would step down as the solicitor general of the United States, effective July 3, 2020.” According to Jessica Gresko at AP, “[i]t is common for people in the job to leave in the summer, when the Supreme Court takes a break, before a presidential election.” For The Washington Post (subscription re...
Tags: Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Ap, United States, Liberty, New York Times, Philadelphia, Donald Trump, Francisco, DOE, Forest Service, Trump


Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that last night the court temporarily blocked the execution of Ruben Gutierrez, a Texas inmate who argues that the state’s refusal to allow him to have a spiritual advisor of his choosing by his side in the death chamber violates his First Amendment rights and a federal law that protects the religious rights of inmates. For (subscription required), Jess Bravin reports that “Mr. Gutierrez’s case provides the cou...
Tags: Texas, Supreme Court, Law, Washington Post, Washington, Ap, Atlantic, Liberty, Donald Trump, Forest Service, Round-up, Henry Schein, Mark Sherman, New Republic, U S Supreme Court, HARRIS


Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump


Monday round-up

As Amy Howe reports for this blog, on Friday “the Supreme Court declined to intervene in challenges by churches in southern California and the Chicago area to stay-at-home orders issued as a result of the COVID-19 crisis”: “[T]he justices were closely divided in the California case, [South Bay United Pentacostal Church v. Newsom], with Chief Justice John Roberts casting the deciding vote and writing a late-night opinion to explain his decision to deny relief.” At Education Week’s School Law Blog...
Tags: Supreme Court, Law, California, Washington Post, Chicago, New York Times, New Jersey, Department Of Justice, Vox, Kevin Johnson, Department Of Homeland Security, University Of California, Wall Street Journal, Economist, Round-up, John Roberts


Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday the court denied, at least for now, “a request by the federal government to put a temporary hold on an order by a federal court that could lead to the release or transfer of over 800 inmates from a federal prison where nine inmates have died from COVID-19.” For The Washington Post (subscription required), Robert Barnes reports that “[t]he court left open the door for the administration[:] It said a...
Tags: Supreme Court, Law, California, Washington Post, Court, Cnn, Wisconsin, San Diego County, The Washington Post, DOE, Vra, Round-up, Robert Barnes, McKesson, Howe, Adam Liptak


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


Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots. Amy Howe previewed the cases for this blog, in a post that first appea...
Tags: New York, Supreme Court, Law, Congress, Colorado, Washington Post, Washington, Bloomberg, United States, House, New York Times, Manhattan, Fox News, Michigan, Npr, Oklahoma


Tuesday round-up

On this second day of this unusual May session, the justices will hear – literally, only hear – oral argument in USAID v. Alliance for Open Society International, a First Amendment challenge to the enforcement against overseas groups of a requirement that recipients of federal funds to fight HIV/AIDS abroad have a policy opposing prostitution and sex trafficking. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Kayla Anderson and Prachee Sawant preview the case for Co...
Tags: Usa, Texas, Supreme Court, Law, Washington Post, Bloomberg, Pennsylvania, New Orleans, Fox News, Npr, Louisiana, Usaid, Irs, Round-up, Thomas, Peter