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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


Friday round-up

Briefly: At (subscription or registration required), Tony Mauro reports that “[a] gathering to celebrate U.S. Supreme Court Justice Ruth Bader Ginsburg’s 86th birthday Friday afternoon won’t be an ordinary event”: “500 of her enthusiastic followers have decided to follow her lead of physical fitness by dropping to the ground and planking in front of the Supreme Court.” At Law.com, David Ogden weighs in on Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory cha...
Tags: Mississippi, Supreme Court, Law, Kentucky, Flowers, Ruth Bader Ginsburg, American Legion, Round-up, U S Supreme Court, Linda Greenhouse, Goldstein Russell, American Humanist Association, Tony Mauro, DAVID OGDEN, Batson


Thursday round-up

Briefly: At The Daily Caller, Kevin Daley notes that “Chief Justice John Roberts has made common cause with the Supreme Court’s liberal bloc as late, breaking with his conservative colleagues on cases relating to abortion, the death penalty and President Donald Trump’s revised rules for asylum seekers,” and that “[i]n isolation, it’s difficult to know what to make of the chief’s votes.” In an op-ed for Fox News, Kristen Waggoner hopes that the recent settlement between Colorado and Christian ba...
Tags: Supreme Court, Law, Colorado, Indiana, Atlantic, Fox News, Christian, Illinois, Donald Trump, Madison, Round-up, John Roberts, International Finance Corporation, Jam, NLRA, Marbury


Wednesday round-up

At The George Washington Law Review’s On the Docket blog, Ralph Steinhardt discusses Jam v. International Finance Corporation, in which the court held that international organizations have the same immunity from lawsuits that foreign countries currently have and can therefore be sued in U.S. courts for their commercial activities, suggesting that the case “may be understood as a continuation of the effort to hold intergovernmental organizations accountable for violations of international law, wi...
Tags: New York, Supreme Court, Law, New York City, America, New York Times, American Legion, Round-up, Lyle Denniston, International Finance Corporation, Jam, Adam Feldman, Department of Commerce, Brunetti, Bladensburg, Goldstein Russell


Tuesday round-up

Briefly: At Bloomberg, Greg Stohr reports that in a letter yesterday, “[t]he Trump administration asked the U.S. Supreme Court to expand its scheduled April showdown over the 2020 census[, Department of Commerce v. New York,] to decide whether the Constitution lets the government ask whether people are American citizens.” Pamela Wood reports for The Baltimore Sun that Maryland “Gov. Larry Hoganhas filed a brief with the U.S. Supreme Court [in Lamone v. Benisek,] seeking to back up the claims of...
Tags: New York, Maryland, Supreme Court, Law, Colorado, California, Alabama, Bloomberg, United States, Arizona, Christian, Baltimore, Trump, Round-up, National Review, U S Supreme Court


Monday round-up

Briefly: In the latest episode of SCOTUStalk (podcast), Tom Goldstein joins Amy Howe to discuss June Medical Services v. Gee, in which a divided court temporarily blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals. At Law.com, Marcia Coyle reports on a new study of oral arguments showing that “Supreme Court justices direct their humorous quips and barbs most often at advocates with whom they disagree, lawyers who are losing their argum...
Tags: New York, Supreme Court, Law, Alabama, Louisiana, Ross, Trump, Round-up, Kenneth Jost, Jost, Department of Commerce, Amy Howe, Tom Goldstein, ACKLIN, William Clark, Marcia Coyle


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


Thursday round-up

Briefly: For The New York Times, Adam Liptak reports that “a group of hip-hop stars, including Chance the Rapper, Meek Mill, Killer Mike, Yo Gotti, Fat Joe and 21 Savage,” filed a brief yesterday “urg[ing] the Supreme Court to hear their fellow rapper’s First Amendment challenge to his conviction” “for threatening police officers — in a song.” At SCOTUS OA, Tonja Jacobi and Matthew Sag predict a 6-3 win for the proponents of the Peace Cross in The American Legion v. American Humanist Associatio...
Tags: Supreme Court, Law, Indiana, Atlantic, Liberty, New York Times, Davis, Chevron, Round-up, Thomas, International Finance Corporation, Adam Liptak, Jam, Loos, Stephen Breyer, Breyer


Wednesday round-up

At The Daily Caller, Kevin Daley reports that “Christian baker Jack Phillips and the Colorado Civil Rights Commission … have resolved a legal dispute that set Phillips’ religious beliefs against the state’s public accommodations law”; the settlement “provides that the Commission will close an ongoing anti-discrimination probe of Phillips’s Masterpiece Cakeshop,” the subject of a high-profile Supreme Court case last term, “if Phillips withdraws a federal lawsuit alleging state officials were subj...
Tags: Supreme Court, Law, Court, America, United States, New Jersey, Commission, North Carolina, Chevron, Economist, American Legion, Round-up, Copyright Office, Mark Joseph Stern, Phillips, International Finance Corporation


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


Monday round-up

Steven Mazie reports at The Economist that the oral argument last week 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, “added credence to the widespread hunch that the Supreme Court will save the Peace Cross[:] The question is how bold the justices will be.” At his eponymous blog, Ed Mannino notes that several justices expressed disapproval of “the highly-criticized three-part test set fo...
Tags: Supreme Court, Law, Congress, America, West Virginia, Cnn, Npr, Lemon, American Legion, Round-up, John Roberts, The Supreme Court, Roberts, International Finance Corporation, Nina Totenberg, Jam


Friday round-up

At Take Care, Nelson Tebbe and Micah Schwartzman worry that “some liberal justices might refuse to call out th[e] egregious violation of Establishment Clause principles in The American Legion v. American Humanist Association, a challenge to a World War I memorial shaped like a cross on public property, “[i]n an effort to gain concessions or to limit the possible damage that this case might do to decades of Establishment Clause precedent.” Additional commentary comes from Andrew Seidel at Rewire....
Tags: Justice, Supreme Court, Law, Congress, Oregon, Politico, Court, Alabama, Los Angeles, Bloomberg, United States, Idaho, Ford, Liberty, Ruth Bader Ginsburg, Madison


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


Wednesday round-up

Today the justices close out the February session with an argument in the most notable case of the term so far, The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property. Amy Howe had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case for Cornell Law School’s Legal Information Institute. Subscript Law has a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys...
Tags: Supreme Court, Law, Washington Post, America, Cnn, United States, Fox News, Npr, Economist, ABA Journal, American Legion, Round-up, Mark Joseph Stern, Howe, Nina Totenberg, Lambert


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


Monday round-up

This morning the Supreme Court kicks off the second week of the February sitting with an oral argument in Manhattan Community Access Corp. v. Halleck, which asks whether a private operator of a public-access TV channel is a “state actor” who can be sued for violations of the First Amendment. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Lauren Kloss and Nayanthika Ramakrishnan preview the case for Cornell Law School’s Legal Information Institute. At Fox News, Cal...
Tags: Minnesota, Supreme Court, Law, Washington Post, Court, Ford, New York Times, Cosby, American Legion, Round-up, Reuters, Thomas, Lawrence Hurley, Howe, Kenneth Jost, Jost


Friday round-up

At The Economist’s Democracy in America blog, Steven Mazie covers the court’s decision Tuesday in Timbs v. Indiana, in which the justices ruled unanimously “that the constitution protects people accused of crimes from having outlandish sums seized by city or state authorities.” Subscript Law offers a graphic explainer for the decision. At Bloomberg Law, Jordan Rubin and Kimberly Robinson report that in separate concurrences, Justices Clarence Thomas and Neil Gorsuch supported “incorporating the ...
Tags: Supreme Court, Law, Indiana, New York Times, Cosby, Ruth Bader Ginsburg, Wall Street Journal, Round-up, Thomas, Maui Hawaii, Sullivan, McKee, Steven Mazie, Clarence Thomas, Heritage Foundation, Mark Walsh


Thursday round-up

Yesterday the court issued two opinions from the December argument session. In Timbs v. Indiana, the court ruled unanimously that the Eighth Amendment’s ban on excessive fines applies to states and localities under the due process clause of the 14th Amendment. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. At Bloomberg, Greg Stohr reports that “[t]he ruling limits what critics say is an increasingly common and abusive government practice of using fines and ...
Tags: Supreme Court, Law, Court, America, West Virginia, Indiana, New York Times, Usa Today, Los Angeles Times, Round-up, Thomas, Lyle Denniston, Howe, Jess Bravin, Richard Wolf, Greg Stohr


Wednesday round-up

This morning, in Mission Product Holdings Inc. v. Tempnology LLC, the justices will consider whether a trademark licensee retains any rights under a licensing agreement when the licensor goes bankrupt. Ronald Mann previewed the case for this blog. Cecelia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. Yesterday the court released additional orders from Friday’s conference, adding an important Clean Water Act case to their docket for next term and in...
Tags: Texas, Mississippi, Maryland, Supreme Court, Law, Kentucky, Court, Cnn, Atlantic, New York Times, Epa, Flowers, Ruth Bader Ginsburg, American Legion, Trump, Round-up


Tuesday round-up

This morning the justices will return from a four-week break to hear oral argument in Return Mail Inc. v. United States Postal Service, in which they will consider whether the federal government can challenge patents under the America Invents Act. Ronald Mann previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. First Mondays (podcast) previews both of this wee...
Tags: New York, Supreme Court, Law, America, Georgia, Atlantic, Ford, New York Times, Npr, Louisiana, Donald Trump, Ruth Bader Ginsburg, Economist, Trump, Round-up, United States Postal Service


Friday round-up

Briefly: For the Los Angeles Times, David Savage reports that “[t]he Supreme Court meets behind closed doors [today] to weigh a question that could shape the political power of California for the decade ahead[:] At issue is the Trump administration’s plan to ask all households for the first time since 1950 whether occupants are U.S. citizens.” Alex Swoyer reports for The Washington Times that “Justice Sonia Sotomayor said Thursday the high court is a prime example of how people who disagree can...
Tags: Supreme Court, Law, California, Court, Los Angeles Times, Trump, Round-up, Sonia Sotomayor, Jeffrey Toobin, Washington Times, David Savage, Neil M Gorsuch, Alex Swoyer, Ellen Shapiro


Thursday round-up

In an op-ed for The New York Times, Linda Greenhouse writes that Chief Justice John Roberts’ vote last week in June Medical Services v. Gee to temporarily block a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals was not surprising, because “circumstances compelled the chief justice to stand up to a stunning act of judicial defiance” by the U.S. Court of Appeals for the 5th Circuit. At Take Care, Brianne Gorod and Rebecca Damante argue that “wha...
Tags: Supreme Court, Law, Court, Alabama, Ap, Fox News, Louisiana, Ruth Bader Ginsburg, Ray, Round-up, Mark Sherman, U S Supreme Court, John Roberts, George Barna, Roberts, U S Court of Appeals


Wednesday round-up

Briefly: At CNN, Ariane de Vogue and Ted Barrett report that “Republican Sen. Susan Collins, a supporter of abortion rights who cast a critical vote to confirm Justice Brett Kavanaugh, said in an interview with CNN that despite his vote in a recent abortion access case, [June Medical Services v. Gee,] she did not believe Kavanaugh would ultimately vote to overturn Roe v. Wade.” At Constitution Daily, Lyle Denniston reports that “the Supreme Court on Monday set the stage for acting soon – probab...
Tags: Supreme Court, Law, Alabama, America, Cnn, United States, Fca, Round-up, Lyle Denniston, U S Supreme Court, U S Department of Justice, The Supreme Court, Adam Feldman, NFIB, Kavanaugh, Sen Susan Collins


Tuesday round-up

In an op-ed for The New York Times, Alan Cross weighs in on the court’s 5-4 decision last week to allow Alabama to execute a Muslim inmate who had challenged Alabama’s refusal to permit an imam to be by his side when he died, noting that “[w]hat has gone largely unnoticed, but is in fact much more disturbing, is what Alabama did while the Ray case made its way through the courts: To further protect itself from Mr. Ray’s challenge, the state indicated it would end the practice of having a chaplai...
Tags: Supreme Court, Law, Alabama, America, United States, Louisiana, Ray, Trump, Round-up, Larrabee, Howe, Steven Mazie, Kavanaugh, Amy Howe, Knick, Rimini Street Inc


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


Friday round-up

Last night the Supreme Court, by a vote of 5-4, with Chief Justice John Roberts joining the more liberal justices, blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals from going into effect pending appeal. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. For , Brent Kendall and Jess Bravin report that “[b]y staying the effect of the lower-court ruling, the justices likely committed themselves to giving a ful...
Tags: Supreme Court, Law, Court, Alabama, New York Times, Federal Communications Commission, Louisiana, Round-up, John Roberts, Fourth Circuit, Roberts, Howe, Adam Liptak, Jess Bravin, Brent Kendall, Michael Dorf


Thursday round-up

Briefly: At Law.com, Tony Mauro reports that Sen. Sheldon Whitehouse, D-R.I., sent a letter last month to “Chief Justice John Roberts Jr. and Court Clerk Scott Harris, decrying ‘the court’s practice of routinely accepting amicus curiae briefs from special interest groups that fail to disclose their donors.’” At Justia’s Verdict blog, Samuel Estreicher writes that Kisor v. Wilkie, in which the justices will reconsider precedents that require courts to defer to a federal agency’s reasonable inter...
Tags: Texas, Supreme Court, Law, Washington Post, Louisiana, Chevron, Round-up, Wilkie, Justia, Slate Dahlia Lithwick, Tony Mauro, Kisor, Scott Harris, John Roberts Jr, June Medical Services, Sen Sheldon Whitehouse D R


Wednesday round-up

Briefly: At USA Today, Richard Wolf reports that “[a]mong the issues that deeply divide the Supreme Court[,] … one of the most personal is whether to take their reserved front-row seats for the president’s annual State of the Union address,” and that “[f]our of nine justices attended President Trump’s delayed address Tuesday night, led as usual by Chief Justice John Roberts, who has lamented the partisan nature of the event.” At the Cato Institute’s Cato at Liberty blog, William Yeatman is skep...
Tags: Usa, Supreme Court, Law, Court, United States, Liberty, Louisiana, Trump, Round-up, John Roberts, Cato, Cato Institute, Richard Wolf, Jessica Mason Pieklo, Wilkie, Kisor


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