Posts filtered by tags: Samuel `` Alito[x]


 

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


Opinion analysis: Fractured court rules in favor of political consultants in First Amendment challenge to federal robocall law but keeps robocall ban in place

On Monday, in a fractured set of opinions, the Supreme Court ruled in favor of an association of political consultants challenging the Telephone Consumer Protection Act of 1991. That statute bans robocalls to cellphones. In 2015 Congress added an exception to permit robocalls collecting government-backed debts. In Barr v. American Association of Political Consultants, the court decided that the 2015 exception violates the First Amendment’s speech clause. The consultants won the constitutional ar...
Tags: Featured, Supreme Court, Law, Congress, Town, Thomas, Reed, Sonia Sotomayor, John Roberts, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, TCPA


Dare criminal justice reformers imagine SCOTUS without both Justice Alito and Justice Thomas?

Because there are no more juicy criminal law or sentencing cases left on the SCOTUS docket as an unusual Term winds down, I cannot help but spend time speculating about the future of the Court.  In an election year, of course, that includes imagining who might be appointed (and might be doing the appointing) for the next four years.  But this recent Fox News piece, headlined "Supreme Court rumor: Hugh Hewitt claims Alito retirement being floated," has me eager to imagine some SCOTUS transitions ...
Tags: Supreme Court, Law, Washington Post, Senate, White House, Conservative, Joe Biden, Gop, Fox News, Costa, Trump, Thomas, Hewitt, John Roberts, Hugh Hewitt, Pence


Symposium: A takedown of the Blaine Amendments

James Hirsen is an attorney, author, commentator and former professor at Trinity Law School. He filed an amicus brief on behalf of the Justice and Freedom Fund, Institute for Faith and Family and North Carolina School Choice in support of the petitioners in Espinoza v. Montana Department of Revenue. The Supreme Court’s decision in Espinoza v. Montana Department of Revenue will shape how the First Amendment’s religion clauses apply to state and local restrictions on how public money is spent. In ...
Tags: Featured, Justice, Supreme Court, Law, Montana, United States, Missouri, House, Catholic, State, John Roberts, Roberts, Alito, Blaine, Montana Department of Revenue, Elena Kagan


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


Clarence Thomas AND Samuel Alito Mulling Retirement According Conservative Wishcasters

Here we go again with the retirement rumors.
Tags: Supreme Court, Law, Courts, Clarence Thomas, Samuel Alito


Symposium: How to count to one

John Knepper is a private attorney based in Cheyenne, Wyoming. He previously was chief deputy attorney general of Wyoming. He filed an amicus brief on behalf of the Susan B. Anthony List in support of the respondent in June Medical Services v. Russo. Marks v. United States instructs that when a majority of the justices cannot agree on more than the outcome, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Mu...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, United States, Wyoming, Louisiana, Kafka, John Roberts, U S Court of Appeals, Casey, Stephen Breyer, Ramos, Clarence Thomas


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: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer


Supreme Court lifts ban on state aid to religious schooling

By MARK SHERMAN WASHINGTON (AP) — The Supreme Court on Tuesday made it easier for religious schools to obtain public funds, upholding a Montana scholarship program that allows state tax credits for private schooling. The court’s 5-4 ruling, written by Chief Justice John Roberts with conservatives in the majority, came in a dispute over a Montana scholarship program for private K-12 education that also makes donors eligible for up to $150 in state tax credits. The Legislature created the tax cred...
Tags: Business, News, Supreme Court, Montana, Washington, Religion, Uncategorized, Sport, Ap, Soccer, Missouri, Catholic, Trump, Mark Sherman, Sonia Sotomayor, John Roberts


Symposium: June Medical Services v. Russo: When a “win” is not a win

Gretchen Borchelt is vice president for reproductive rights and health at the National Women’s Law Center. She filed an amicus brief on behalf of NWLC and 72 other organizations in support of the petitioners in June Medical Services v. Russo. In June Medical Services v. Russo, a plurality of the Supreme Court struck down a Louisiana law that would have thwarted abortion access to such a degree that it would have left “thousands of Louisiana women with no practical means of obtaining a safe, lega...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Donald Trump, John Roberts, Roberts, Casey, GONZALES, Elena Kagan, Samuel Alito, Carhart, Hellerstedt, Russo


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


Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals


Roberts Fights Off Conservatives To Preserve Abortion Rights…For Now

The Supreme Court on Monday struck down an abortion clinic restriction law out of Louisiana. It was a 5–4 decision, with Chief Justice John Roberts joining the liberals in a concurring decision — and saying precedent required him to do so. The Court had clear precedent to work with: just four years ago, it overturned a law out of Texas in Whole Woman’s Health v. Hellerstedt. Both laws centered on admitting privileges for doctors at nearby hospitals. Justice Stephen Breyer, writing for ...
Tags: Texas, News, Supreme Court, Court, Abortion, Louisiana, Donald Trump, Thomas, John Roberts, Roberts, Alito, Roe, Casey, Stephen Breyer, Breyer, Clarence Thomas


Shocker: Supreme Court Preserves Abortion Rights, Strikes Down Louisiana Hospital Privileges Law

The Supreme Court has struck down a Louisiana abortion law that opponents say would have closed all but one abortion clinic in the state and had lasting repercussions for reproductive rights across the country.The Louisiana law, known as Act 620, would have required abortion providers to have the ability to admit patients at local hospitals. Supporters said the legislation promoted safety and continuity of care; abortion-rights advocates say it was a medically unnecessary restriction would force...
Tags: Texas, News, Supreme Court, Court, States, Louisiana, Center For Reproductive Rights, Nancy Northup, Trump, Rose, Sonia Sotomayor, Wade, John Roberts, Roberts, Stephen Breyer, Breyer


Samuel Alito dissents. A frustrating few months for the conservative justice

When the Supreme Court term began last fall, judicial conservatives were hoping that the court's strong 5-4 majority, bolstered by two of President Donald Trump's nominees, would deliver a clean sweep for conservatives on hot button issues.
Tags: News, Supreme Court, Stories, Donald Trump, Samuel Alito


Samuel Alito dissents. A frustrating few months for the conservative justice

When the Supreme Court term began last fall, judicial conservatives were hoping that the court's strong 5-4 majority, bolstered by two of President Donald Trump's nominees, would deliver a clean sweep for conservatives on hot button issues.
Tags: Supreme Court, Cnn, Donald Trump, Samuel Alito


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


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


Supreme Court rules for Trump administration in deportation case

By MARK SHERMAN WASHINGTON — The Supreme Court ruled Thursday that the Trump administration can deport some people seeking asylum without allowing them to make their case to a federal judge. The high court’s 7-2 ruling applies to people who are picked up at or near the border and who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal. The justices ruled in the case of man who said he fled persecution as a member of Sri Lanka’s Tamil minority, b...
Tags: News, Supreme Court, Congress, California, Washington, Mexico, Immigration, Uncategorized, Sport, Soccer, United States, San Diego, Un, SEC, Associated Press, Guatemala


Trump administration sent $1.4bn in stimulus checks to dead people - live

US treasury sent over 1m payments to deceased peopleSupreme court ruling bolsters Trump’s deportation powerPolice officers fired in North Carolina over racial slurs video1.48m more Americans file for unemploymentCoronavirus cases continue to soar in USSign up to our First Thing newsletter 4.25pm BST Trump is once again complaining about Fox News, his favorite news network that has recently attracted more of the president’s criticism.In this case, Trump lashed out against a Fox commentator wh...
Tags: US, World news, US news, Fox, Fox News, North Carolina, Donald Trump, Trump, Black Lives Matter Movement, Alito, Samuel Alito, Lafayette Square, Katharina Obser, Refugee Commission


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


ICYMI: Your TPM News Roundup

Trump’s Long-Shot Effort To Block Bolton’s Book Key details from Former National Security Adviser John Bolton’s long-awaited book began to surface this week, after major newspapers got ahold of the tell-all before its official release next week. Bolton, who refused to testify in the impeachment inquiry, details a number of occasions where President Trump apparently abused his office for political gain. Trump, not surprisingly, is unhappy with the book, and tried to argue on Monday that any conv...
Tags: Texas, News, Obama, Arizona, Bolton, Doj, Trump, Greg Abbott, John Roberts, John Bolton, Samuel Alito, DACA, Brett Kavanaugh, David Taintor, Josh Kovensky


Symposium: DACA déjà vu

Nicholas Bronni is the solicitor general for the state of Arkansas, which joined an amicus brief in support of the federal government in Department of Homeland Security v. Regents of the University of California. Yesterday, the Supreme Court concluded that Acting Secretary of Homeland Security Elaine Duke acted arbitrarily and capriciously when she rescinded the Obama administration’s memorandum creating the Deferred Action for Childhood Arrivals program. But although that decision is important,...
Tags: New York, Featured, Law, Obama, Congress, Court, Barack Obama, Arkansas, Nielsen, Department Of Homeland Security, Executive Branch, State Farm, Trump, Thomas, John Roberts, Roberts


Conservatives Slam Roberts After Ruling To Uphold DACA Protections

Chief Justice John Roberts is facing backlash from conservatives following the Supreme Court’s landmark ruling on Thursday rejecting President Trump’s efforts to end DACA. On Thursday morning, Roberts joined the court’s liberals in issuing a 5-4 ruling that rebuked Trump by rejecting his administration’s efforts to end legal protections for 650,000 young undocumented immigrants. The President did not take the Supreme Court’s latest ruling lightly. Shortly after the order was issued, Trump ripp...
Tags: News, Supreme Court, Scotus, Congress, Court, America, Cnn, New York Times, Iowa, Homeland Security, Jordan, Republican Party, Trump, Jim Jordan, Senate Judiciary Committee, John Roberts


What Are the Adverse Consequences of Gorsuch’s Bostock Ruling?

Senator Chuck Grassley sounded almost effusive when a journalist at Politico contacted him about the Bostock decision, which expanded Civil Rights Act Title VII protections to homosexuals and persons of “transgender status.” Laws that had sought to extend these protections, in ways that are specifically tailored to new cases in hand, have been circulating around the legislative branch for years. Those laws had not passed because of partisan gridlock and the difficulty of reconciling the ever-exp...
Tags: News, Supreme Court, Congress, Politico, Court, Chuck Grassley, Grassley, Scalia, Elena Kagan, Samuel Alito, RFRA, Elmer Fudd, Gorsuch, Neil Gorsuch, Bostock


Trump Explodes Over Supreme Court Rulings: ‘Shotgun Blasts’ To GOPers

President Trump on Thursday fumed at the landmark Supreme Court rulings this week, which include a rejection of his efforts to end DACA and upholding workplace protections for LGBTQ individuals. On Thursday morning, the Supreme Court issued a stunning rebuke to Trump by rejecting his effort to end legal protections for 650,000 young immigrants in a 5-4 ruling issued by Chief Justice John Roberts, who joined the court’s liberals. The President went on a tear in tweets he fired off shortly after...
Tags: News, Supreme Court, Scotus, White House, Lgbtq, Trump, Antonin Scalia, John Roberts, Roberts, Donald J Trump, Alito, Samuel Alito, Kavanaugh, DACA, Gorsuch, Brett Kavanaugh


Opinion analysis: Court rejects Trump administration’s effort to end DACA (Updated)

It has been eight years since the Obama administration created the Deferred Action for Childhood Arrivals program, known as DACA, which allows undocumented young adults who came to the United States as children to apply for protection from deportation. In 2017, the Trump administration announced that it would end the program, which it believed had been illegal in the first place. Today, by a vote of 5-4, the Supreme Court ruled that the administration acted improperly in terminating the program,...
Tags: New York, Featured, Supreme Court, Microsoft, Law, Obama, Congress, California, Mexico, Dhs, United States, Nielsen, District Of Columbia, Donald Trump, Department Of Homeland Security, Duke


Supreme court blocks Trump from cancelling Daca immigration program – follow live

Court rules to prevent cancellation of Obama-era program Trump: Bolton’s book is ‘pure fiction’Trump was willing to halt investigations as ‘favor’ to dictators, book saysBolton’s bad reviews don’t stop him topping US book chartsTrump administration seeks emergency order to block memoirSign up to our First Thing newsletter 3.34pm BST Conservative Justice Clarence Thomas wrote a blistering dissent to the DACA decision, joined by Justices Samuel Alito and Neil Gorsuch.“This holding is incorrect...
Tags: Obama, US, World news, US news, Bolton, Donald Trump, Trump, Thomas, John Roberts, Roberts, John Bolton, Clarence Thomas, Samuel Alito, DACA, Neil Gorsuch