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


 

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule

McDonough v. Smith, argued Wednesday, saw justices and attorneys repeating metaphors about heads spinning and constitutional rights swimming. The justices seemed inclined to rule for the petitioner (supported by the United States) that his claim was timely and that the limitations period on a civil action should not begin until favorable termination of criminal proceedings. But the likely scope of the ruling remains uncertain. Respondent Youel Smith prosecuted petitioner Edward McDonough, a form...
Tags: Featured, Supreme Court, Law, United States, Smith, Ruth Bader Ginsburg, Wall, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Elena Kagan, Kagan, McDonough, Samuel Alito, Kavanaugh


Argument analysis: Justices worry about extending California wage-and-hours laws to offshore drilling platforms

On Tuesday, the Supreme Court heard oral argument in Parker Drilling Management Service, Ltd. v. Newton, a case about whether workers employed on drilling platforms more than three miles off the coast of California are entitled to the protections of California’s more worker-friendly wage-and-hours law or whether a federal statute, the Outer Continental Shelf Lands Act, limits them to the benefits required by the Fair Labor Standards Act. The justices seemed intrigued (and occasionally frustrated...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Ruth Bader Ginsburg, Newton, Paul Clement, Michael, Sonia Sotomayor, John Roberts, 9th Circuit, Interior, Roberts, Ginsburg


Argument analysis: “The last Johnson domino to fall”?

Today the Supreme Court considered “the last Johnson domino to fall” (at least potentially). The case, United States v. Davis, involves the possible implications of the Supreme Court’s 2015 decision in Johnson v. United States. Johnson invalidated the residual clause of the Armed Career Criminal Act, a statute that imposes additional punishment on persons with multiple prior convictions for “violent felonies.” Johnson held that the now-defunct residual clause of the ACCA, which defined a viol...
Tags: Featured, Supreme Court, Law, Congress, Beck, United States, Davis, Johnson, Blackstone, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Breyer, Elena Kagan


High court seems likely to rule against California oil workers

By Jessica Gresko, The Associated Press The Supreme Court on Tuesday seemed inclined to rule against workers on oil drilling platforms off California who want to be paid for the off-work time they spend on the platform, including sleeping. The question for the high court has to do with the law that should apply in the case: federal law, which wouldn’t require drilling platform workers to be paid for non-working time spent at their work location, or the more generous California law, which would. ...
Tags: Supreme Court, California, Sport, Soccer, Ruth Bader Ginsburg, Newton, Santa Barbara, 9th Circuit, U S Court of Appeals, Samuel Alito, JESSICA GRESKO, Parker Drilling, Brian Newton, Associated Press The Supreme Court, Newton The Supreme Court, Parker Drilling Mgmt Services


Argument analysis: Justices grapple with immoral and scandalous trademarks

On Monday, the Supreme Court considered the intersection of free speech and trademark law when it addressed the constitutionality of prohibiting trademark registration for offensive trademarks. This case arose in the aftermath of Matal v. Tam. In Tam, the court struck down the Lanham Act’s prohibition on registration of disparaging trademarks, holding that the ban constituted viewpoint discrimination in violation of the First Amendment. The question before the court on Monday was whether the pro...
Tags: Featured, Supreme Court, Law, Congress, California, George Carlin, Miller, Times Square, Tam, Sonia Sotomayor, Stewart, John Roberts, Roberts, Alito, PTO, U S Patent and Trademark Office


Argument preview: Who’s afraid of the categorical approach?

Next Wednesday, the Supreme Court will hear argument in United States v. Davis. Davis is the latest in a string of cases stemming from Johnson v. United States, the 2015 decision invalidating the Armed Career Criminal Act’s residual clause (Section 924(e)(2)) as unconstitutionally void for vagueness. ACCA imposes additional punishment on certain individuals convicted of being a felon in possession of a firearm. That crime typically carries a maximum of 10 years’ imprisonment. ACCA imposes a 15-y...
Tags: Featured, Supreme Court, Law, United States, Davis, Johnson, Thomas, Alito, Dean, Stephen Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, Anthony Kennedy, Davis Davis, United States the Supreme Court


Tuesday round-up

Tony Mauro reports at The National Law Journal (subscription or registration required) that “[t]wo U.S. Supreme Court justices said Monday they did not need to recuse themselves from participating in the recent cert denial of a case in which one of the parties was owned by United Technologies, a company whose stock they hold.” At Bloomberg, Greg Stohr reports that Justices Stephen Breyer and Samuel Alito “said there was ‘no way’ to know” about the conflict of interest because the respondent waiv...
Tags: Supreme Court, Law, Alabama, Bloomberg, Ray, Round-up, U S Supreme Court, Greg Stohr, Dunn, Stephen Breyer, United Technologies, Samuel Alito, National Law Journal, Tony Mauro, Jeremiah Ho


The Supreme Court as the Aristocratic Element of a Mixed Regime

For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019).John O. McGinnisIn The Company They Keep: How Partisan Divisions Came to the Supreme Court, Neal Devins and Lawrence Baum provide a compelling, elegant, and permanent addition to the political science of the Court. In their view, the Court is substantially more influenced by elite than by popular opinion. The great strength of thei...
Tags: Supreme Court, Congress, Court, Society, Harvard, United States, Ronald Reagan, Kennedy, Nlrb, Branding, Guest Blogger, Thomas, Thomas Jefferson, George, John Roberts, Scalia


In Defense of the Chief Justice's Execution of His Responsibilities in NFIB v. Sebelius

As Mark Tushnet's astute post points out, Joan Biskupic's recent biography of Chief Justice John Roberts does not actually establish that the Chief Justice changed his mind on any constitutional question in the case, let alone that he moved from doing "law" to doing "politics." It is all the more unfortunate that unsupported accusations about the Chief Justice's "political" behavior in NFIB v. Sebelius keep being made when he was right on the law in upholding the minimum coverage provision in th...
Tags: Justice, Congress, Court, Arizona, Philadelphia, Branding, John Roberts, Roberts, Ginsburg, NFIB, Samuel Alito, Joan Biskupic, Tom Goldstein, Sebelius, Neil Siegel, Mark Tushnet


Opinion analysis: Justices uphold securities liability for distributing false statements

This morning’s decision in Lorenzo v. Securities and Exchange Commission brings no surprises, as the court’s holding follows the views apparent at the oral argument (discussed in my earlier post). Specifically, Justice Stephen Breyer’s opinion for six justices holds that defendant Francis Lorenzo is liable for participating in an unlawful scheme to defraud by distributing false statements written by his supervisor, even though the supervisor’s role protected Lorenzo from any liability for “makin...
Tags: Featured, Supreme Court, Law, Congress, Commission, SEC, Janus Capital, Securities And Exchange Commission, John Roberts, Stephen Breyer, Breyer, Clarence Thomas, Samuel Alito, Lorenzo, Janus, Merits Cases


Opinion analysis: Court rules for Sudan in dispute over service in USS Cole lawsuit

A lawsuit by victims of the bombing of the USS Cole received a setback today at the Supreme Court. The victims are trying to hold the government of Sudan responsible for providing support to the al Qaeda bombers who killed 17 sailors and injured 42 more in 2000, but the justices ruled that the plaintiffs failed to give the Sudanese government proper notice of their lawsuit because they mailed their complaint to the Sudanese embassy in Washington, D.C., instead of sending it to the Sudanese gover...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, United States, Sudan, Thomas, Howe, Khartoum, Khartoum Sudan, Clarence Thomas, Samuel Alito, Merits Cases, FSIA


Argument analysis: Justices navigating between different precedential paths on punitive damages for maritime personal injury

The Supreme Court heard oral argument yesterday in The Dutra Group v. Batterton, a maritime case that asks whether a Jones Act seaman can recover punitive damages in a personal-injury suit based on the unseaworthiness of a vessel on which he was working. Seven of the justices questioned one or both attorneys but, with a few exceptions, did not clearly signal a likely inclination. The argument did suggest that some division is likely. Not only does the issue involve a split among various circuit ...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Ruth Bader Ginsburg, Miles, Sonia Sotomayor, Antonin Scalia, John Roberts, Roberts, Townsend, Ginsburg, Waxman, Alito, Sotomayor


A “view” from the courtroom: From the Federal Register to the Stanley Cup

Today the Supreme Court will hear arguments in two cases, including one in which the justices will have some fun with the Federal Register, the dry, daily publication that lists proposed and final regulations. After arguments, the justices will move immediately to their private conference room, not to discuss cases but to spend a few minutes with the Stanley Cup, the venerable trophy for professional hockey. Glenn L. Hara for respondent (Art Lien) This is a big week for partisan gerrymande...
Tags: Post, Featured, Fcc, Supreme Court, Law, Washington Post, Washington, White House, New York City, United States, Bob, NHL, Major League Baseball, National Hockey League, Paul Clement, Federal Register


Another useful reminder of the need for more criminal justice diversity on the federal bench

Long-time readers know I have been talking a long time about the prosecutorial tilt that impacts who gets nominated and confirmed for seats on the US Supreme Court and lower federal courts.  Encouragingly, the need for more balance in the courts is getting more attention as criminal justice reform continues to garner attention (especially among would-be Democratic Prez candidates).   Consider, for example, this piece on this topic at Slate by Kyle Barry under the headline "Democratic Presidentia...
Tags: Supreme Court, Law, Obama, Congress, Washington Post, America, Barack Obama, US supreme court, Trump, Sonia Sotomayor, Kelly, U S District Court, Donald Trump Trump, Gideon, Samuel Alito, Jane Kelly


Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims

The Supreme Court heard oral argument yesterday in the case of an African-American death-row inmate in Mississippi who was convicted by a jury that included just one African-American juror. The inmate, Curtis Flowers, argues that the jury selection in his case violates the Constitution – especially because the lead prosecutor had a long history of eliminating potential African-American jurors from the jury pool. After nearly an hour of oral argument that included the first questions by Justice C...
Tags: Featured, Mississippi, Supreme Court, Law, Kentucky, Davis, Evans, Johnson, Flowers, John Roberts, Roberts, Howe, Alito, Mississippi Supreme Court, Sotomayor, Stephen Breyer


Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty

With a three-justice plurality opinion, a two-justice concurrence in the judgment and two dissents, Washington State Department of Licensing v. Cougar Den appears unusually fractured at first glance. But the disagreements among seven of the justices are relatively small, turning largely on whether and why Washington’s motor-fuel tax really burdens the Yakama treaty right to travel. Only the dissent by Justice Brett Kavanaugh, joined by Justice Clarence Thomas, indicates a fundamental disagreemen...
Tags: Featured, Supreme Court, Law, Washington, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas


A “view” from the courtroom: Trials of Mississippi

Today will bring an intense hour of argument about race in jury selection in the case of a Mississippi man who has been tried six times by the same prosecutor, which will culminate in a series of short questions by Justice Clarence Thomas, his first during oral argument in three years. But first, there are a couple of lighter moments. Justice Thomas questions petitioner’s lawyer in Flowers v. Mississippi (Art Lien) Chief Justice John Roberts announces that Justice Stephen Breyer has the co...
Tags: Google, Featured, Mississippi, Supreme Court, Law, Washington, Kentucky, Walmart, United States, New Jersey, Davis, Manhattan, Evans, Nielsen, Johnson, Flowers


Empirical SCOTUS: Is the court tracking right or Roberts left?

Although Supreme Court justices’ votes are not purely the product of ideological preferences, some of the most important cases the justices decide come down to 5-4 splits along ideological lines. This was during the 2017 Supreme Court term. Even though Chief Justice John Roberts was in the conservative camp for many of these split decisions last term, he voted with the court’s liberals in Artis v. District of Columbia and authored the majority opinion, which was joined by the court’s liberal j...
Tags: Supreme Court, Law, United States, District Of Columbia, Thomas, John Roberts, Roberts, Roberts Court, Alito, Carpenter, William Rehnquist, Shelby County, Samuel Alito, Anthony Kennedy, Artis, Sandra Day O'Connor


Opinion analysis: Justices uphold broad interpretation of immigration detention provision

In Nielsen v. Preap, four justices joined Justice Samuel Alito yesterday to adopt an expansive interpretation of a mandatory-immigration-detention statute. In Demore v. Kim, in 2003, the Supreme Court interpreted 8 U.S.C. § 1226(c) to require detention (without bond hearings) for the broad class of potentially removable immigrants identified in the statute. With their decision in Nielsen v. Preap, the Supreme Court further broadened this mandatory-detention provision to cover immigrants who, res...
Tags: Featured, Supreme Court, Law, Congress, Dhs, Kim, Nielsen, Department Of Homeland Security, Thomas, John Roberts, Roberts, Alito, Stephen Breyer, Breyer, Elena Kagan, Samuel Alito


Argument preview: Justices to tackle important agency-deference question

Editor’s Note: An earlier version of this post ran on January 28, 2019, as an introduction to this blog’s symposium on Kisor v. Wilkie, as well as at Howe on the Court, where it was originally published. Next week the Supreme Court will hear oral argument in Kisor v. Wilkie, which arises from a dispute over benefits for a Marine who served in the Vietnam War. Although it may sound dry, the case could be one of the most consequential of the term, because the justices will decide whether to over...
Tags: Featured, Supreme Court, Law, Congress, Court, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, APA, John Roberts, Scalia, Howe, Clarence Thomas


Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment

This morning’s 6-3 opinion in Air and Liquid Systems Corp. v. DeVries affirms the decision of the lower court holding that the manufacturers of asbestos-dependent equipment used on Navy ships can be held liable to sailors who became ill because of their contact with the asbestos. Because the case involves liability for conduct at sea, the dispute arises under the “maritime law,” a type of federal common law for which the U.S. Supreme Court is the final authority. In the same way that the New Yor...
Tags: Featured, Supreme Court, Law, Navy, U S Supreme Court, U S Navy, Samuel Alito, Kavanaugh, New York Court of Appeals, Goldstein Russell, Merits Cases, Devries, Brett Kavanaugh, Neil Gorsuch, Air and Liquid Systems Corp, Justices Clarence Thomas


Trump gets a U.S. Supreme Court victory on immigration detention

The Supreme Court on Tuesday endorsed the U.S. government's authority to detain immigrants awaiting deportation anytime - potentially even years - after they have completed prison terms for criminal convictions, handing President Donald Trump a victory as he pursues hardline immigration policies. The court ruled 5-4 along ideological lines, with its conservative justices in the majority and its liberal justices dissenting, that federal authorities could place such immigrants into indefinite det...
Tags: News, Supreme Court, Donald Trump, Trump, U S Supreme Court, Samuel Alito


Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case

The Supreme Court engaged in a relatively lively argument today over a thorny issue of statutory interpretation under the False Claims Act: how two separate statute-of-limitations provisions apply to whistleblower, or “qui tam,” actions when the federal government has not intervened in a suit brought by a private party, or relator. “These types of actions are exceptional in many ways,” Chief Justice John Roberts observed about the qui tam suits brought under the 1863 statute that was meant to ba...
Tags: Featured, Supreme Court, Law, Congress, Iraq, Afghanistan, United States, Fca, Graham, Hunt, Sonia Sotomayor, John Roberts, Roberts, Alito, U S Court of Appeals, Samuel Alito


I Think The Supreme Court Just Ruled Strunk And White Supersedes The Constitution

Just when you think textualism can't get any more morally bankrupt...
Tags: Supreme Court, Law, Immigration, Courts, Samuel Alito


Trump’s Supreme Court Appointees Take Opposite Sides In Two Cases

WASHINGTON (AP) — President Donald Trump’s two Supreme Court appointees were on opposite sides of two of three cases that the justices decided Tuesday. The two new justices have solidified conservative control of the Supreme Court, but they do not march in lockstep, at least in the small corners of the court’s work dealing with Indian treaties and maritime law. In one case, Justice Neil Gorsuch joined the court’s liberal justices in ruling that a Washington state Indian tribe doesn’t have to p...
Tags: News, Supreme Court, Scotus, Navy, Washington, Senate, Barack Obama, Ap, United States, Donald Trump, Ruth Bader Ginsburg, Trump, Antonin Scalia, John Roberts, Clarence Thomas, Samuel Alito


SCOTUS Rules Immigrants Can Be Detained Years After Custody Release

WASHINGTON (AP) — The Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences. The issue in the case before the justices had to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from custody and then hold them while an immigration court deci...
Tags: News, Supreme Court, Scotus, Obama, Congress, California, Washington, Immigration, Ap, Dhs, United States, Ice, Nielsen, Trump, The Supreme Court, Samuel Alito


Argument preview: Justices to tackle partisan gerrymandering … again

Editor’s Note: An earlier version of this post ran on February 4, 2019, as an introduction to this blog’s symposium on Rucho v. Common Cause and Lamone v. Benisek, as well as at Howe on the Court, where it was originally published. Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. Bu...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Court, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts


Argument analysis: Justices divided in Virginia racial-gerrymandering case

The Supreme Court heard oral argument today in a challenge to the map drawn in 2011 for Virginia’s House of Delegates. A group of African-American voters allege that the state legislature engaged in racial gerrymandering – that is, it relied too much on race when it drew 11 of the state’s districts, which would violate the Constitution. But the state legislators defending the map argue that, although race was one of the factors that the legislature considered, it wasn’t the only one. After rough...
Tags: Featured, Supreme Court, Law, Virginia, House, Norfolk, Republican, Paul Clement, Democratic, Sonia Sotomayor, House of Delegates, Roberts, Howe, Alito, Virginia Supreme Court, Sotomayor


Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case

The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into relatively esoteric doctrinal areas, requiring the court to determine its proper judicial role as well as to make appropriate substantive choices. This term’s second admiralty excursion, The Dutra Group v. Batterton, presents another such occasion. On M...
Tags: Featured, Supreme Court, Law, Congress, Circuit, Dutra, Miles, Antonin Scalia, John Roberts, 9th Circuit, Townsend, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Samuel Alito, Anthony Kennedy


Sandra Day O’Connor Was No Fan Of Samuel Alito

The first woman on the Supreme Court was incredibly disillusioned with her successor.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Samuel Alito, Sandra Day O'Connor, Evan Thomas, Walter Dellinger