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Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


Pivotal gun rights case goes before the Supreme Court

In May 2016, the National Rifle Association endorsed Donald Trump for president. Chris Cox, the executive director of the NRA’s Institute for Legislative Action, said the group rarely endorsed a candidate so far in advance of an election, but that precedent was overridden by the members’ concern that the Second Amendment might not survive a Hillary Clinton presidency. Trump himself said, “The only way to save the Second Amendment is to vote for a person named Donald Trump.” Cox told the members ...
Tags: New York, Supreme Court, California, Opinion, New York City, Sport, Chicago, Soccer, Hillary Clinton, Antarctica, San Diego, Biden, District Of Columbia, Donald Trump, Metro, Trump


Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer


One new case, two issues of appellate procedure

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. A lot of movement on the relist front this week. The court granted review in relisted cases involving the first two amendments to the U.S. Constitution, summarily overturned a court of appeals decision in a relisted habeas case for the second time in a month, and denied leave to file an “original jurisdiction” lawsuit between two st...
Tags: Health, Featured, Maryland, Supreme Court, Law, United States, Johnson, DOE, Ericsson, Tcl, Ortiz, Scott, HARRIS, Allen, Dobbs, Fifth Third Bancorp


Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by pr...
Tags: Featured, Supreme Court, Law, John Roberts, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Niz Chavez


Justices weigh available defenses to criminal re-entry for certain immigrants

The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. In Refugio Palomar-Santiago’s case, that prior removal order did exist. However, the Supreme Court’s 2004 decision in Leocal v. Ashcroft, decided after the entry ...
Tags: Featured, Supreme Court, Law, Congress, United States, Ross, Thomas, Sonia Sotomayor, Garcia, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Justices ponder narrow ruling in student speech case

The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school. Some justices expressed concern about whether allowing schools to regulate off-campus speech could sweep in too much speech by young people, while others worried that – particularly in the internet era – a contrary rule would give too little weight to the harmful effects that some speech, such as cyberbullying, can have at school even when it ...
Tags: Featured, Supreme Court, Law, Pennsylvania, Levy, Michael Jordan, Thomas, Sonia Sotomayor, Stewart, John Roberts, American Civil Liberties Union, Blatt, Roberts, David Cole, Howe, Alito


Court wrestles with Superfund contribution puzzle

Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump. The Navy created the dump during the 1940s...
Tags: Featured, Law, Navy, Massachusetts, United States, Wyoming, Epa, CWA, Environmental Protection Agency, Sonia Sotomayor, U S Navy, Sotomayor, Stephen Breyer, Clarence Thomas, Guam, Samuel Alito


Whitehouse alleges “demonstrably false” fact-finding by conservative justices

Sen. Sheldon Whitehouse continued his effort this week to highlight what he views as problematic behavior by the Supreme Court. As chair of the Senate Judiciary Committee’s subcommittee on federal courts, the Democratic senator from Rhode Island alleged in a hearing on Tuesday that Republican-appointed justices on the court violated the general principle against appellate fact-finding in two of the most high-profile and hotly debated rulings issued by the Roberts court: Citizens United v. Feder...
Tags: Featured, Supreme Court, Law, Congress, Senate, Hawaii, Citizens United, Connecticut, Department Of Justice, Smith, Rhode Island, Kennedy, Vra, University Of North Carolina, Senate Judiciary Committee, John Roberts


Justices add new cases on state secrets, free speech

The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The justices also turned down (at least for now) efforts by a group of states, led by Texas, to revive litigation over the “public charge” rule after the Biden administration refused to defe...
Tags: Texas, Featured, Guantanamo Bay, Maryland, Supreme Court, Law, California, Washington, Oregon, United States, Pakistan, Alaska, Poland, Philadelphia, Cia, Volkswagen


Justices doubtful on California donor-disclosure requirement

The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The requirement, the state insists, helps it to police charitable fraud. But two nonprofits argue that the rule violates the First Amendment by discouraging their donors from making contributions. After near...
Tags: Featured, Supreme Court, Law, California, Alabama, Irs, Charles Koch, Sonia Sotomayor, John Roberts, American Civil Liberties Union, Feinberg, Roberts, Howe, Alito, Shaffer, Barrett


Court to take up major gun-rights case

Over a decade after it ruled that the Second Amendment protects the right to have a handgun in the home for self-defense, the Supreme Court agreed on Monday to decide whether the Constitution also protects the right to carry a gun outside the home. The justices’ announcement that they will take up a challenge to a New York law that requires anyone who wants to carry a gun in the state to show a good reason for doing so sets the stage for a major ruling on gun rights in the court’s 2021-22 term....
Tags: New York, Featured, Supreme Court, Law, New York City, District Of Columbia, Ruth Bader Ginsburg, Thomas, John Roberts, McDonald, Howe, U S Court of Appeals, City of Chicago, 7th Circuit, Clarence Thomas, Samuel Alito


Meandering argument sheds little light on mandatory awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. Hotels.com considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. It turns out, at least as far as the argument suggests, that nothing about that question is simple or obvious. The case involves two subsections of Rule 39 of the Federal Rules of Appellate Procedure. The first question is which party should pay costs. All agree that s...
Tags: Supreme Court, Law, Circuit, San Antonio, Thomas, John Roberts, Barrett, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Gorsuch, Merits Cases


Is it too late for Guam to sue the Navy to pay for the cleanup of its dumpsite?

On Monday the Supreme Court will hear a dispute between the U.S. Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is a 30-mile-long island located in the Pacific Ocean 3,800 miles west of Hawaii. Its 170,000 residents are citizens of the United States. Because Guam lies west of the International Date Line, the island’s airport welcomes visitors with a sign ...
Tags: Featured, Supreme Court, Law, Congress, Navy, Spain, United States, Hawaii, Paris, Epa, Christian, Vietnam, District Of Columbia, Environmental Protection Agency, Pacific Ocean, Pearl Harbor


What Hillary Gets Wrong in Her Gun Control Push – Again

By Larry Keane Gun-grabbers like Hillary Clinton, just can’t help themselves apparently. IMG iStock 1195632653 U.S.A. -(AmmoLand.com)- Hillary Clinton just can’t help herself. Never mind that her tone-deaf demand for gun control caused gun owners to come out in record numbers to deny her an all-but-assured White House victory in 2016. She’s doubling down. Five years on, she’s still spitting vitriol on Americans. She still wants to punish freedom-loving Americans instead of criminals. She’s ...
Tags: Texas, Guns, Senate, White House, America, Hillary Clinton, Benjamin Franklin, Cruz, Clinton, Thomas Jefferson, Sen Cruz, U S Supreme Court, Jennifer Palmieri, IMG, Jefferson, U S Sen Ted Cruz


Justices validate Google’s use of Java platform in Android software code

Monday’s decision in Google v. Oracle reminds us that occasionally the Supreme Court can take a big case and actually decide it! So many of the intellectual-property cases that reach the justices reflect minor circuit conflicts of largely technical interest or end up with a decision so narrow as to contribute little to the development of the law. Google is not that kind of decision. Justice Stephen Breyer’s opinion for a 6-2 majority decisively rejects Oracle’s challenge to Google’s use of comp...
Tags: Google, Featured, Supreme Court, Law, Ford, Java, Oracle, Sun Microsystems, Roy Orbison, Richard Nixon, Stephen Breyer, Breyer, Android Google, Clarence Thomas, Samuel Alito, Gerald Ford


GOP politicians push back against brands over voting rights: Tuesday Wake-Up Call

Welcome to Ad Age’s Wake-Up Call, our daily roundup of advertising, marketing, media and digital news. If you're reading this online or in a forwarded email, here's the link to sign up for our Wake-Up Call newsletters. Georgia on my mind Republican lawmakers are pushing back against companies that are calling out new voting restrictions passed by the Georgia state legislature. Last week, Major League Baseball announced it would move the 2021 All-Star Game out of the state, while execs at Del...
Tags: Google, Facebook, New York, Supreme Court, Senate, Boston, Advertising, Georgia, Gop, Mitch McConnell, Republican, Cleveland, Major League Baseball, Oracle, Red Sox, WPP


The Supreme Court sided with Google in its epic copyright fight against Oracle

The highest court in the land has a lot to say about tech this week. The Supreme Court weighed in on Google’s long legal battle with Oracle on Monday, overturning a prior victory for the latter company that could have resulted in an $8 billion award. In a 6-2 decision, the court ruled that Google didn’t break copyright laws when it incorporated pieces of Oracle’s Java software language into its own mobile operating system. Google copied Oracle’s code for Java APIs for Android, and the case kicke...
Tags: Google, TC, Lawsuit, Supreme Court, Government, Tech, Oracle, Stephen Breyer, Breyer, Clarence Thomas, Samuel Alito, Kent Walker


Supreme Courts Sides With Google in Historic API Copyright Fight Against Oracle

The U.S. Supreme Court has sided with Google over Oracle in one of the highest-profile copyright disputes to ever hit Silicon Valley. Read more...
Tags: Google, Android, Science, Technology, Computing, Java, Api, Transformation, Programming Languages, Fair Use, Donald Trump, Oracle, Sun Microsystems, Oracle Corporation, U S Supreme Court, Stephen Breyer


Supreme Court Sides With Google in Historic API Copyright Fight Against Oracle

The U.S. Supreme Court has sided with Google over Oracle in one of the highest-profile copyright disputes to ever hit Silicon Valley. Read more...
Tags: Google, Android, Science, Technology, Supreme Court, Computing, Java, Api, Transformation, Programming Languages, Fair Use, Donald Trump, Oracle, Sun Microsystems, Oracle Corporation, U S Supreme Court


Google extends its 5-day streak to 10% after US Supreme Court hands the tech giant victory in $9 billion battle with Oracle

Sundar Pichai, Alphabet CEO. Carsten Koall/Getty Images Google extended its 5-day streak to 10% on Monday after a big legal victory over Oracle. Oracle accused Google of stealing code to make its Android operating system compatible with Java software. The US Supreme Court's 6-2 majority decision in favor of Google ends a more than decade-long legal battle. Sign up here for our daily newsletter, 10 Things Before the Opening Bell. Google stock extended its five-day streak to roughly 10% ...
Tags: Google, Court, Trends, Oracle, US supreme court, John Krafcik, UC San Diego, Clarence Thomas, Samuel Alito, Federal Circuit, Arun Kumar, Kent Walker, Waymo, Today s Supreme Court, Oracle Oracle, Will Daniel


Robocalls May Get Worse Soon, and You Can Blame Facebook

Rather than dole out what is, essentially—at least to one of the richest companies on the planet—a handful of spare change, Facebook set out to purposely undermine one of the most important legal protections Americans have against unwanted robocalls. Today it accomplished that mission.Read more...
Tags: Facebook, Science, Telemarketing, Software, Computing, Operating Systems, Neologisms, Us Federal Reserve, Sonia Sotomayor, Robocall, Samuel Alito, Ed Markey, Telephone Consumer Protection Act, Anna G Eshoo, Margot Saunders, Noah Duguid


Democrats need to get serious about new ideas to transform the Supreme Court

Supreme Court Justices at the inaugural ceremony on January 20, 2021 in Washington, DC. Patrick Semansky-Pool/Getty Images Michael Gordon is a longtime Democratic strategist, a former spokesman for the Justice Department, and the principal for the strategic-communications firm Group Gordon. This is an opinion column. The thoughts expressed are those of the author.  Visit the Business section of Insider for more stories. With the Supreme Court taking up a case that effectively would kill th...
Tags: Supreme Court, Obama, Republicans, Congress, Senate, Court, US, America, Trends, Democrats, Washington Dc, House Of Representatives, Lgbtq, Republican, Biden, Donald Trump


The Supreme Court heard arguments Tuesday in a case that could further gut the Voting Rights Act and its protections for minority voters

People wait in line to vote at a polling place at the Scottsdale Plaza Shopping Center in Scottsdale, Arizona, on November 3, 2020. OLIVIER TOURON/AFP via Getty Images The Supreme Court heard arguments in crucial Voting Rights Act cases on Tuesday.  Brnovich vs. Democratic National Committee will test Section 2 of the VRA. The case centers around the legality of two Arizona voting restrictions. Visit the Business section of Insider for more stories. The US Supreme Court heard arguments Tue...
Tags: Politics, Supreme Court, Congress, Court, US, Dnc, Trends, Joe Biden, Gop, Arizona, US District Court, US supreme court, Vra, Voting Rights, Phoenix, State


Trump and his allies filed more than 40 lawsuits challenging the 2020 election results. All of them failed.

President Donald Trump. Win McNamee/Getty Images Trump and allies filed dozens of lawsuits in an effort to contest the results of the 2020 election. His campaign filed lawsuits and motions to intervene in cases in several swing states. They've notched zero victories. Visit the Business section of Insider for more stories. After losing the 2020 election to a man he spent months hammering as corrupt, doddering, and mentally deficient, President Donald Trump went on the offense, spreading lie...
Tags: Post, Politics, Texas, News, Supreme Court, Congress, Senate, US, Trends, Georgia, Joe Biden, Pennsylvania, Gop, Washington Dc, Liberty, House


Litigation over clergy halts Alabama execution (and divides Justices in notable ways)

Though the federal government carried out the first three execution of 2021 last month, the first state execution in the US was scheduled to take place last night in Alabama.  But, as this local article explains, today "Willie B. Smith III remains alive on death row in Alabama, after the U.S. Supreme Court upheld a ruling that required Smith’s spiritual advisor to be in the execution chamber with Smith when he was given the lethal injection."  Here is more: The ruling came down around 11:08 p.m...
Tags: Texas, Supreme Court, Law, US, Alabama, Npr, Christian, Birmingham, Smith, Sonia Sotomayor, Buddhist, U S Supreme Court, John Roberts, Alabama Department of Corrections, Alito, Barrett


Response to the Symposium on Abortion and the Law

For the Symposium on Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present (Cambridge University Press, 2020). Mary Ziegler At what is undoubtedly a crucial point in the history of abortion law, I’m especially honored by the attention paid to my book, Abortion and the Law in America: Roe v. Wade to the Present(Cambridge 2020). Jack Balkin has brought together four brilliant contributors whose work in this field has influenced my own. I am grateful to Jack and to each of...
Tags: Health, Supreme Court, Law, Court, America, Gop, United States, Yale, New York Times, Abortion, Republican Party, Jack, Donald Trump, Branding, Guest Blogger, Greenhouse


Supreme Court lets California churches hold indoor services

A divided U.S. Supreme Court ordered California to let indoor worship services resume at a group of suing churches, easing restrictions that officials said were needed to stem the spread of the coronavirus. The Friday night orders stopped short of abolishing the Covid restrictions altogether, saying the state could impose a 25% capacity cap at church services. The justices also let California continue to ban singing and chanting at indoor services. Still, the orders marked a new display of the e...
Tags: New York, Hollywood, News, Supreme Court, California, Religion, Sport, Soccer, Biden, Pasadena, Gavin Newsom, Sonia Sotomayor, Chula Vista, U S Supreme Court, South Bay, Alito


'Not surprised': Justice Alito defends controversial speech as he marks 15 years on Supreme Court

With a conservative 6-3 majority, observers say Associate Justice Samuel Alito is in a pivotal position as he marks 15 years on the Supreme Court.         [Author: USA TODAY]
Tags: Usa, News, Supreme Court, Usa Today, Alito, Samuel Alito


Argument analysis: Justices divided in procedural battle between Baltimore, oil companies in climate fight

Kannon Shanmugam argues for BP and other fossil fuel companies (Art Lien) In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. That principle may ultimately prove dispositive in BP v. Mayor and City Council of Baltimore, in which the justices heard oral argument on Tuesday regarding a procedural aspect of a major climate-change...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Exxon Mobil, United States, Bp, Baltimore, Chevron, Lucas, Harvard Law School, Sonia Sotomayor, John Roberts, Roberts, Howe