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Is the US supreme court having a liberal moment? Not when it comes to voting rights

John Roberts sided with the court’s liberal bloc in two notable recent cases, but critics say he’s no swing voter on voting rightsTo an outside observer, it might seem like the US supreme court is having a liberal moment, mostly thanks to one justice.Chief Justice John Roberts – the court’s swing vote – surprised many this term by siding with the court’s left-leaning bloc and casting the deciding vote in two of the most high-stakes cases, with rulings that ensured abortion access in Louisiana an...
Tags: News, Supreme Court, US, Alabama, Los Angeles, United States, Wisconsin, Louisiana, Donald Trump, Ruth Bader Ginsburg, University Of Michigan, University Of Southern California, Trump, Sonia Sotomayor, John Roberts, Roberts


Is the US supreme court having a liberal moment? Not on one crucial issue

John Roberts sided with the court’s liberal bloc in two notable recent cases, but critics say he’s no swing voter on voting rightsTo an outside observer, it might seem like the US supreme court is having a liberal moment, mostly thanks to one justice.Chief Justice John Roberts – the court’s swing vote – surprised many this term by siding with the court’s left-leaning bloc and casting the deciding vote in two of the most high-stakes cases, with rulings that ensured abortion access in Louisiana an...
Tags: News, Supreme Court, US, Alabama, Los Angeles, United States, Wisconsin, Louisiana, Donald Trump, Ruth Bader Ginsburg, University Of Michigan, University Of Southern California, Trump, Sonia Sotomayor, John Roberts, Roberts


Symposium: The Trump subpoena cases and the search for normalcy

Peter Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law at the Ohio State University Moritz College of Law. The 2016 victory of Donald Trump after his malignant campaign posed a question for lawyers, judges and government officials that has never really gone away: To what extent should the law treat now-President Trump as a normal president? Both constitutional and administrative law are shot through with doctrines in which challengers to executive branch action are met with “defere...
Tags: Featured, Supreme Court, Law, Congress, White House, United States, Hawaii, House, Deutsche Bank, Donald Trump, Ruth Bader Ginsburg, Justice Department, Committee, Trump, Nixon, Sonia Sotomayor


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


Opinion analysis: Court rejects challenge to exemptions from birth-control mandate

The Affordable Care Act’s birth-control mandate requires most employers to provide their female employees with health insurance that includes access to certain forms of contraceptives. In 2017, the Trump administration issued new rules that expanded an exemption from the mandate to allow private employers with religious or moral objections to opt out of providing coverage without any notice. Today, by a vote of 7-2, the Supreme Court in Little Sisters of the Poor v. Pennsylvania rejected a chall...
Tags: Featured, Supreme Court, Law, Obama, Congress, Court, Pennsylvania, United States, New Jersey, Fda, Catholic, Ruth Bader Ginsburg, ACA, Trump, Thomas, Sonia Sotomayor


Chief Justice Roberts Was Hospitalized For Head Injury Last Month After Suffering A Fall

Supreme Court spokesperson Kathy Arberg confirmed on Tuesday night that Chief Justice John Roberts was hospitalized in June after he fell and suffered a head wound. “The Chief Justice was treated at a local hospital on June 21 for an injury to his forehead sustained in a fall while walking for exercise near his home,” Arberg said in a statement. “The injury required sutures, and out of an abundance of caution, he stayed in the hospital overnight and was discharged the next morning.” Though Ro...
Tags: News, Supreme Court, Washington Post, Cnn, Ruth Bader Ginsburg, John Roberts, Roberts, Bethesda Maryland, Kathy Arberg, Arberg, Chevy Chase Club, Cristina Cabrera, Suburban Hospital


Court: Some employers can refuse to offer free birth control on religious grounds

By JESSICA GRESKO WASHINGTON — The Supreme Court on Wednesday upheld Trump administration rules allowing some employers to decline to provide contraceptive coverage on religious or moral grounds, which could leave more than 70,000 women without cost-free birth control. The high court ruled 7-2 for the administration, which made a policy change to allow some employers who cite religious or moral objections to opt out of providing no-cost birth control required by the Obama-era healthcare law. Low...
Tags: Health, Business, News, Supreme Court, Obama, Congress, Washington, Russia, Religion, Court, Uncategorized, Sport, Soccer, Pennsylvania, New Jersey, Associated Press


Empirical SCOTUS: Precedent: Which justices practice what they preach

Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to precedent in her dissent from last term’s decision in Knick v. Township of Scott, which overturned the court’s precedent on the issue of eminent domain in the state law context in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City: “[I]t promotes the evenhanded, predictable, and...
Tags: Texas, Supreme Court, Law, Court, United States, Louisiana, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, Wade, John Roberts, Lawrence, Scalia, Roberts, Gamble


US supreme court gives conservatives the blues but what's really going on?

Donald Trump’s nomination of two justices seemed to have tilted the balance decisively but recent rulings have raised eyebrowsFor all the ominous twists of Donald Trump’s presidency, his placement on the US supreme court of two deeply conservative justices, Neil Gorsuch and Brett Kavanaugh, inspired a special kind of foreboding for many liberals.With three conservatives already sitting on the court, the creation by Trump of a seemingly impregnable, five-vote conservative supreme court majority a...
Tags: Texas, News, Justice, Supreme Court, Congress, California, Senate, US, Barack Obama, Joe Biden, Democrats, Louisiana, Donald Trump, Ruth Bader Ginsburg, George W Bush, Trump


Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg


Symposium: Clarity in an era of confusion — The Supreme Court will not tolerate hostility to religion

Mithun Mansinghani serves as solicitor general for the state of Oklahoma. Bryan Cleveland and Zach West, assistant solicitors general, also contributed to this article. The state of Oklahoma, through Attorney General Mike Hunter, led an 18-state amicus brief  in support of the petitioners in Espinoza v. Montana Department of Revenue. On one level, the Supreme Court’s decision in Espinoza v. Montana Department of Revenue is entirely unsurprising—a straightforward application of precedent, both lo...
Tags: Featured, Supreme Court, Law, Montana, Missouri, Oklahoma, Ruth Bader Ginsburg, Locke, Blaine, Montana Department of Revenue, Davey, Trinity Lutheran Church of Columbia, Montana Supreme Court, Zelman, Espinoza, Comer


Supreme Court Says Generic Domains Like Booking.com Can Be Trademarked

An anonymous reader quotes a report from Ars Technica: The U.S. Patent and Trademark Office erred by finding the term booking.com was too generic for trademark protection, the Supreme Court ruled on Tuesday. Trademark law prohibits anyone from registering generic terms that describe a class of products or services. Anyone can start a store company called "The Wine Company," but they can't use trademark law to stop others from using the same name. When the online travel giant Bookings Holdings so...
Tags: Supreme Court, Tech, Ruth Bader Ginsburg, Expedia, Travelocity, Ginsburg, U S Patent and Trademark Office, Booking Holdings, Bookings Holdings


Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. Booking.com sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark


Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools

In 2015, the Montana legislature created a scholarship program that provided a dollar-for-dollar tax credit for donations to private scholarship organizations. Those organizations used the money to fund scholarships for children to attend private schools – which, in Montana, are primarily religious schools. In 2018, the Montana Supreme Court struck down the tax-credit program, holding that it violated the state constitution’s ban on aid for churches and religious schools. Today the U.S. Supreme ...
Tags: Featured, Supreme Court, Law, Montana, Court, Catholic, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, U S Supreme Court, John Roberts, Institute for Justice, Stillwater, Roberts, Howe, Ginsburg


Symposium: RIP state “Blaine Amendments” – Espinoza and the “no-aid” principle

Steven Green is the Fred H. Paulus Professor of Law and director of the Center for Religion, Law & Democracy at Willamette University College of Law. He filed an amicus brief on behalf of a number of religious groups in support of the respondents in Espinoza v. Montana Department of Revenue. There is so much contained in the various opinions in Espinoza v. Montana Department of Revenue that a college instructor could use that one case to teach an entire course about American church-state law: di...
Tags: Featured, Supreme Court, Law, Colorado, California, Montana, Senate, Pennsylvania, Ruth Bader Ginsburg, Mitchell, Thomas, U S Supreme Court, The Supreme Court, Alito, William Rehnquist, Locke


Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey


"The Supreme Court on Monday turned down a challenge to new federal death penalty protocols..."

"... potentially clearing the way for the government to resume executions as soon as next month for the first time since 2003. The court, without comment, declined to take up the lawsuit filed by four death row inmates. As is customary, it gave no reason. Justices Ruth Bader Ginsburg and Sonia Sotomayor indicated they would have accepted the case.... The individual inmates facing execution could file additional challenges, which could affect whether and when these sentences are carried out.... A...
Tags: Supreme Court, Law, Gop, Death Penalty, Ruth Bader Ginsburg, Justice Department, Sonia Sotomayor, D C Circuit, WaPo, U S Court of Appeals, Ann Althouse, William P Barr


America Loves Ruth Bader Ginsburg, But Isn’t Too Fond Of Brett Kavanaugh Or Neil Gorsuch

People either don't like them very much or don't even know who they are.
Tags: Law, America, Courts, Ruth Bader Ginsburg, Brett Kavanaugh, Neil Gorsuch


SCOTUS denies, by 7-2 vote, cert petition from federal death row defendants challenging federal execution protocol

As reported in this AP article, the "Supreme Court on Monday refused to block the execution of four federal prison inmates who are scheduled to be put to death in July and August."  Here is more: The justices rejected an appeal from four inmates who were convicted of killing children.  Justices Ruth Bader Ginsburg and Sonia Sotomayor noted that they would have blocked the executions from going forward. The court's action leaves no obstacles standing in the way of the executions, the first of wh...
Tags: Supreme Court, Law, Scotus, Washington, Indiana, Ap, Arkansas, Iowa, Kansas, Ruth Bader Ginsburg, Justice Department, Nelson, Sonia Sotomayor, Alito, Barr, Danny Lee


Opinion analysis: Court confirms limitations on federal review for asylum seekers

In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal allows an immigration official to make the immediate decision to deport a person without a hearing if the person is apprehended within 100 miles of a border and if they cannot prove they have liv...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Court, Afghanistan, United States, Cuba, Ruth Bader Ginsburg, Sri Lanka, Executive Branch, Thomas, Sonia Sotomayor, 9th Circuit, Alito


Friday round-up

Sheryl Gay Stolberg reports for The New York Times that “[t]he Trump administration asked the Supreme Court late Thursday to overturn the Affordable Care Act — a move that, if successful, would bring a permanent end to the health insurance program popularly known as Obamacare and wipe out coverage for as many as 23 million Americans.” At ABC News, Devin Dwyer reports that “[t]he administration makes the case in a legal brief filed Thursday in” California v. Texas, “the case brought by 20 Republi...
Tags: Texas, Supreme Court, Law, California, Bloomberg, New York Times, Npr, Usa Today, Abc News, Kevin Johnson, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, ABA Journal, Trump, Round-up


Supreme Court Sides with Trump Admin. in Landmark Asylum Case

The Supreme Court ruled in favor of the Trump administration on Thursday in a landmark immigration case involving the asylum process.In the case, Dept. of Homeland Security v. Thuraissigiam, the court ruled 7-2 that if an asylum seeker is denied asylum during the beginning of the intake process, the applicant may not appeal that decision in federal court. The ruling also defines how the right to habeas corpus is applied to asylum seekers.The case was brought by Vijayakumar Thuraissigiam, a Sri L...
Tags: News, Supreme Court, Ruth Bader Ginsburg, Sri Lanka, Trump, Sonia Sotomayor, Sotomayor, Stephen Breyer, Elena Kagan, Samuel Alito, Dept Of Homeland Security, Supreme Court Sides, Trump Admin, Thuraissigiam, Vijayakumar Thuraissigiam


Interim Stat Pack for October Term 2019

OT 2019 has turned out to be a term of unexpected twists and turns. From coronavirus and an oral argument sitting in May — instead of March and April — with remote arguments for the first time ever, to fewer decided cases than in any term since the 19th century, to Chief Justice John Roberts siding with the court’s liberals in some of the most significant decisions of the term, nothing seems to be going according to common expectations. This interim Stat Pack contains data for all decided and ar...
Tags: Featured, Law, Georgia, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, Republican National Committee, John Roberts, Roberts, Alito, Democratic National Committee, Samuel Alito, Regents, Kavanaugh, Brett Kavanaugh, Office of the Solicitor General


The Supreme Court Will Not Defend the Second Amendment!

The Supreme Court Will Not Defend the Second Amendment!, iStock-1020504756 U.S.A. –-(AmmoLand.com)- These last few weeks, the Arbalest Quarrel has been working steadfastly on analyzing the NYC gun transport case. We felt a detailed analysis necessary as we had serious doubts the Court would grant cert in any of the ten pending Second Amendment cases. The NYC case provided our best chance for serious Court review of 2A, ten years after the McDonald decision. We intended to lay out what could h...
Tags: New York, Justice, Guns, Supreme Court, New York City, Court, US, High Court, New York Times, George Bush, Times, Andrew Cuomo, Press, Black Lives Matter, Ruth Bader Ginsburg, George W Bush


The Roberts’ Supreme Court Will Not Defend The Second Amendment!

Opinion Chief Justice John Roberts img: Steve Petteway / Public domain New York – -(AmmoLand.com)- These last few weeks, the Arbalest Quarrel has been working steadfastly on analyzing the NYC gun transport case. We felt a detailed analysis necessary as we had serious doubts the Court would grant cert in any of the ten pending Second Amendment cases. The NYC case provided our best chance for a serious Court review of 2A, ten years after the McDonald decision. We intended to lay out what could...
Tags: New York, Justice, Guns, Supreme Court, Scotus, New York City, Court, US, America, High Court, New York Times, George Bush, Times, Andrew Cuomo, Press, Black Lives Matter


Late Night Watches Trump’s Supreme Court Dreams Shatter

“Basically, Trump’s trying to dunk on Obama but Ruth Bader Ginsburg is blocking all his shots,” Jimmy Fallon said on Thursday.
Tags: News, Jimmy Fallon, Obama, Ruth Bader Ginsburg, Trump, Trump 's Supreme Court Dreams Shatter


Chief Justice Roberts Afraid of Restoring the Second Amendment

No Gun Cases Lawsuits Supreme Court U.S.A. –-(AmmoLand.com)- From the moment Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, said in a prepared statement following the Supreme Court’s rejection of ten pending gun rights cases, that responsibility for this high court two-step “falls squarely at the feet of Chief Justice John Roberts,” the question that must be answered is this: “Is the chief justice of the U.S. Supreme Court afraid of restoring the Seco...
Tags: Guns, Supreme Court, US, Indiana, Idaho, New Jersey, Circuit, Ruth Bader Ginsburg, SAF, Rogers, Nra, Thomas, Antonin Scalia, U S Supreme Court, John Roberts, McDonald


Opinion analysis: Appalachian Trail no barrier for major gas pipeline

In one of the major environmental cases of the term, the Supreme Court ruled 7-2 this week that the U.S. Forest Service could permit the Atlantic Coast Pipeline to cross underneath the Appalachian Trail in Virginia’s George Washington National Forest. The ruling in the consolidated cases U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association lifts one major obstacle to the 600-mile pipeline, which could carry ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, West Virginia, Circuit, North Carolina, Ruth Bader Ginsburg, East Coast, Forest Service, Duke Energy, Trail, National Park Service, Midwest, Thomas


Texas Dems Turn To SCOTUS In Push To Expand Absentee Voting

The ugly fight over Texas’ refusal to expand absentee voting in the pandemic is now at the U.S. Supreme Court’s door step. Texas’ Democratic Party on Tuesday asked for the Supreme Court to intervene in the federal case it has brought against Texas’ restrictions on absentee voting. Democrats argue that Texas’ current regime — which allows any voter 65 or older to vote absentee, but restricts the practice for voters younger than that unless they meet certain requirements — is a violation on the...
Tags: Texas, News, Mississippi, Supreme Court, Citizens United, Wisconsin, Louisiana, Ruth Bader Ginsburg, Tierney Sneed, U S Supreme Court, Paxton, Ken Paxton, Dunn, U S Court of Appeals, Texas Supreme Court, Texas Democratic Party


Symposium: The simplistic logic of Justice Neil Gorsuch’s account of sex discrimination

Ryan T. Anderson is the William E. Simon Senior Research Fellow at The Heritage Foundation and the John Paul II Teaching Fellow at the University of Dallas. He filed an amicus brief in support of the employers in Bostock v. Clayton County and Harris Funeral Homes v. EEOC, which he then revised into an article for the Harvard Journal of Law and Public Policy. Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County claims to apply a simple and straightforward test: “An employer violat...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Hopkins, EEOC, John Paul, Ginsburg, Clayton County, Heritage Foundation, Ryan T Anderson, Gorsuch, First Congress, Oncale, Price Waterhouse