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U.S. Supreme Court rules California must pay private businesses to allow union access

By Ariane de Vogue and Veronica Stracqualursi | CNN The US Supreme Court said Wednesday that California cannot allow unions to enter the private property of agricultural businesses to address workers unless the businesses are compensated for the visit, in a case that could have broad property rights implications. The ruling will imperil not only union organizers in California seeking to reach workers but could make it more difficult for the government to allow temporary access in other areas. C...
Tags: Business, Politics, News, Supreme Court, California, California News, Sport, Cnn, Soccer, US supreme court, Sonia Sotomayor, U S Supreme Court, John Roberts, Roberts, Stephen Breyer, Elena Kagan


Justices scale back “unreviewable authority” of administrative patent judges

The Supreme Court ruled Monday that more than 200 administrative patent judges in the U.S. Patent and Trademark Office must be subject to greater supervision by the agency director in order to comply with the Constitution’s appointments clause. The decision in United States v. Arthrex, Inc. was fragmented. The court ruled 5-4 that the level of authority exercised by the patent judges is incompatible with the Constitution because the patent judges are not nominated by the president and confirmed...
Tags: Featured, Supreme Court, Law, Congress, Senate, United States, Commerce, Uspto, Sonia Sotomayor, John Roberts, Roberts, Barrett, U S Patent and Trademark Office, Stephen Breyer, Elena Kagan, Clarence Thomas


Justices send securities class action against Goldman Sachs back to lower court

The Supreme Court on Monday sent a shareholder class-action lawsuit against Goldman Sachs back to a lower court for a closer look at whether alleged misstatements by the bank were too general to have affected its stock price. In its opinion in Goldman Sachs Group v. Arkansas Teacher Retirement System, the court held that defendants in securities cases can rebut the presumption that class-based adjudication is appropriate by showing that the challenged statements were so generic that they would ...
Tags: Featured, Supreme Court, Law, Arkansas, Goldman Sachs, Sonia Sotomayor, Goldman Sachs Group, Clarence Thomas, Samuel Alito, Goldstein Russell, Gorsuch, Merits Cases, Neil Gorsuch, Amy Coney Barrett


With LGBTQ Adoption Ruling, SCOTUS Nods To A Bigger Win For Conservatives Ahead

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It wasn’t a dramatic expansion of religious rights – not yet. But the Supreme Court’s ruling in favor of a Catholic adoption agency that had been excluded from Philadelphia’s foster programs for refusing to work with same-sex couples will be consequential. It suggests that when the broader question of whether religious groups have the right to discriminate does come before the justices, they will likely uphold relig...
Tags: News, Supreme Court, Css, Pennsylvania, Philadelphia, Catholic, Lgbtq, Cafe, Kennedy, Sonia Sotomayor, John Roberts, Fulton, Roberts, Alito, Clarence Thomas, Burwell


Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump


Unanimous ruling on crack-cocaine disparity is heavy on text, light on history

Sometimes, deep, conflicting social currents clash in titanic movements and romantic prose. Other times, they are submerged under rather drier land; underground rivers in a desert of language. On Monday, the Supreme Court, in a unanimous decision, held that decades of roiling political turmoil surrounding the crack-cocaine epidemic could not compel a rereading of a single, highly consequential statutory clause, even if its primary authors pressed a different interpretation. Thus, in Terry v. Un...
Tags: Florida, Featured, Supreme Court, Law, Congress, America, Terry, Black, Sonia Sotomayor, Congressional Black Caucus, Sotomayor, United States the Supreme Court, Merits Cases, Sentencing Commission, Tarahrick Terry, Clarence Thomas One


Court makes it easier for appellate courts to affirm federal felon-in-possession convictions after Rehaif

Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v. Gary. Justice Brett Kavanaugh wrote for a unanimous court affirming Greer and an 8-1 majority reversing Gary, stating that “if a defendant was in fact a felon, it will be difficult for him to carry the burden ...
Tags: Featured, Supreme Court, Law, Court, United States, Gary, Sonia Sotomayor, Greer, U S Court of Appeals, Sotomayor, Kavanaugh, 4th Circuit, Merits Cases, United States and United States, Brett Kavanaugh, Rehaif


Justices request government’s views on Harvard affirmative-action dispute

The Supreme Court on Monday asked the federal government to weigh in on whether the justices should once again wade into the battle over affirmative action. In an order list issued from last week’s private conference, the court asked Acting Solicitor General Elizabeth Prelogar to file a brief expressing the government’s views on a challenge to Harvard’s race-conscious admissions policy. Even if the justices ultimately decide to grant review in Students for Fair Admissions v. President and Fello...
Tags: Texas, Featured, Supreme Court, Law, Harvard, Harvard University, Kennedy, University Of Michigan, University Of North Carolina, Sonia Sotomayor, Antonin Scalia, Lyle Denniston, Scalia, Fisher, University of Texas, Howe


Supreme Court won't extend reduced charges to low-level crack cocaine offenders

Justice Sonia Sotomayor agreed with the decision but wrote separately suggesting that Congress should fix the problem.
Tags: Supreme Court, Congress, Sonia Sotomayor


Court limits new trials for people with felon-in-possession convictions

A defendant convicted of being a felon-in-possession of a firearm under 18 U.S.C. § 922(g) after the Supreme Court’s 2019 decision in Rehaif v. United States is not entitled to a new trial or plea hearing unless he “makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon,” the court ruled Monday in the cases of Greer v. United States and United States v. Gary. Justice Brett Kavanaugh wrote for the unanimo...
Tags: Featured, Supreme Court, Law, United States, Gary, Sonia Sotomayor, Greer, U S Court of Appeals, Merits Cases, United States and United States, Brett Kavanaugh, Rehaif, Gregory Greer, Michael Andrew Gary, Gary Justice, Gary In Rehaif


Justices reject sentencing reductions for some crack-cocaine offenders

The Supreme Court unanimously ruled on Monday that people convicted of certain low-level crack-cocaine offenses are not eligible for sentencing reductions under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Justice Clarence Thomas wrote the opinion for the court in Terry v. United States. In 2008, Tarahrick Terry was arrested in Florida for carrying just under 4 grams of crack cocaine. At the time, federal law treated offenses involving crack much more hars...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Terry, Thomas, Sonia Sotomayor, Sotomayor, Clarence Thomas, Merits Cases, Fortunately Congress


When is a habeas petition “second or successive”?

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. The Supreme Court cleared out both of last week’s new relists with dispatch. The court granted cert in Federal Bureau of Investigation v. Fazaga, 20-828, involving whether Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978, which creates procedures for people to seek to suppress FISA evidence that will be introduce...
Tags: Featured, Supreme Court, Law, Congress, California, Court, Arizona, Davis, Woodford, California Supreme Court, Miranda, Federal Bureau of Investigation, Reeves, Sonia Sotomayor, Scott, 9th Circuit


Supreme Court rejects battle over male-only military draft registration

Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Brett Kavanaugh, noted lawmakers on Capitol Hill are considering whether...
Tags: Supreme Court, Capitol Hill, Sonia Sotomayor, Stephen Breyer, Brett Kavanaugh


Justices grant state secrets case, won’t tackle male-only draft

The Supreme Court on Monday announced that it would add another case involving the state secrets privilege, which allows the government to block the release of sensitive national security information in litigation, to its argument calendar for next term. The court also turned down a challenge to the requirement that only men register for the draft, with three justices explaining that Congress is examining the issue right now. Both announcements came on the list of orders that the justices relea...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Department Of Defense, Fbi, Muslim, Cia, Anthony Davis, Muslims, Federal Bureau of Investigation, Sonia Sotomayor, American Civil Liberties Union, 9th Circuit, Howe


"It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act."

"But at least for now, the court’s longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue."Wrote Justice Sonia Sotomayor in a statement, joined by Justices Breyer and Kavanaugh, quoted in (NYT). It was a cert. denial, and the rest of the Justices had nothing to say.The requirement is one of the last sex-based distinctions in federal law, one that challengers say cannot be justified ...
Tags: Supreme Court, Law, Congress, Sonia Sotomayor, Kavanaugh, The Draft, Ann Althouse, Gender Difference, Justices Breyer


The Supreme Court said it won't hear a case challenging why only men have to register for the draft in the US

U.S. Army soldiers from Stryker Brigade Combat Team stand after a live fire drill during joint exercises with South Korea, dubbed Key Resolve and Foal Eagle, at Seungjin Fire Training Field in Pocheon, South Korea, Monday, March 7, 2011. South Korean and U.S. troops kicked off their annual drills on Feb. 28, while North Korea slammed the maneuvers as a rehearsal for invasion that could trigger a nuclear war on the divided peninsula. Ahn Young-joon/AP The Supreme Court on Monday said it wou...
Tags: South Korea, Politics, News, Supreme Court, Congress, North Korea, Court, US, Trends, Military, Sonia Sotomayor, The Supreme Court, U S Army, Sotomayor, Stephen Breyer, Chris Geidner


Habeas restrictions, copyright and the potential return of the “community caretaking” exception

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. After the Supreme Court’s spring cleaning last week, the justices were down to just two relists on their rolls. Then on this week’s order list, the court denied cert on one of the remaining two, 10-time relist Johnson v. Precythe, 20-287, involving a death row prisoner’s method-of-execution claim under the Eighth Amendment. Three ju...
Tags: Featured, Supreme Court, Law, Congress, Court, Alabama, United States, Williams, Davis, New Mexico, Woodford, Johnson, Illinois, California Supreme Court, Sanders, Copyright Office


Court rejects non-citizen’s challenge to criminal re-entry charge

The Supreme Court on Monday unanimously ruled against a non-U.S. citizen who was contesting his indictment for criminal re-entry into the country. The case, United States v. Palomar-Santiago, involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. Pal...
Tags: Featured, Supreme Court, Law, Congress, California, Court, United States, Sonia Sotomayor, 9th Circuit, Gonzalez, U S Court of Appeals, Customs Enforcement, Lopez, Holder, Sotomayor, Ashcroft


Justices won’t hear Missouri inmate’s request to choose firing squad over lethal injection

Over the objection of the court’s three liberal justices, the Supreme Court on Monday turned down a request from a Missouri death-row inmate who is contesting the state’s method of lethal injection and wants to propose the firing squad as a more humane method of execution. Ernest Johnson is missing nearly a fifth of his brain tissue as a result of surgery to treat a brain tumor, and he contends that there is a substantial risk that the drugs used in Missouri’s lethal-injection process will caus...
Tags: Utah, Featured, Supreme Court, Law, United States, Missouri, Johnson, South Carolina, Sonia Sotomayor, Howe, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Bucklew, 8th Circuit


Democratic senators appear to resist calling on Supreme Court Justice Stephen Breyer to retire: 'That's up to him'

Members of the Supreme Court pose for a group photo at the Supreme Court building on April 23, 2021. Seated from left are Justice Samuel Alito, Justice Clarence Thomas, Chief Justice John Roberts, Justice Stephen Breyer and Justice Sonia Sotomayor; Standing from left are Justice Brett Kavanaugh, Justice Elena Kagan, Justice Neil Gorsuch and Justice Amy Coney Barrett. Erin Schaff/The New York Times via AP, Pool Democratic Senators have demurred on calling on Stephen Breyer to retire from th...
Tags: Politics, New York, Supreme Court, Congress, Kentucky, Senate, White House, Virginia, US, Barack Obama, Trends, Joe Biden, New York Times, Connecticut, Mitch McConnell, Capitol Hill


Justice Sotomayor: Americans need to take critical look at policing

By JESSICA GRESKO | Associated Press WASHINGTON — As communities nationwide are re-examining law enforcement practices, Supreme Court Justice Sonia Sotomayor says Americans should think critically about how they want police to interact with citizens. Sotomayor said that what “we as a society accept in the name of justice” is an “incredibly important topic of discussion.” And, she said, “it’s one that people should not discuss or think they need to discuss as a ’Do I respect the police or not?’ I...
Tags: Politics, News, Maryland, Supreme Court, Minneapolis, Washington, Uncategorized, Sport, Ap, Soccer, Yale, Associated Press, Lausd, North Carolina, Yankees, Princeton


Sotomayor: Americans Need to Take Critical Look at Policing

Supreme Court Justice Sonia Sotomayor says Americans should think critically about how they want police to interact with citizens.
Tags: Supreme Court, Sonia Sotomayor, Sotomayor


Justice Sotomayor Says Americans Should Think About Policing

Supreme Court Justice Sonia Sotomayor says Americans should think critically about how they want police to interact with citizens.
Tags: Supreme Court, Sonia Sotomayor, Sotomayor


On Tax Day, unanimous court green-lights company’s lawsuit against IRS

The Supreme Court on Monday issued its opinion in CIC Services v. Internal Revenue Service. The case involved whether the Anti-Injunction Act, which generally prohibits lawsuits “for the purpose of restraining the assessment or collection of any tax,” bars pre-enforcement review of an IRS administrative notice aimed at gathering information regarding certain suspected tax shelter transactions. In an opinion released on the 2021 deadline for Americans to file their federal income taxes, the cour...
Tags: Featured, Supreme Court, Law, Tennessee, AIA, Irs, Cic, Sonia Sotomayor, Internal Revenue Service, U S Court of Appeals, Sotomayor, Elena Kagan, Kagan, Kavanaugh, Merits Cases, Brett Kavanaugh


Court dismisses abortion “gag rule” cases, adds arbitration and habeas cases to docket

The Supreme Court’s announcement that it would take up a challenge to Mississippi’s ban on abortions after the 15th week of pregnancy (covered in a separate article here) dominated coverage of Monday’s orders. But in the same set of orders, the justices also dismissed a trio of cases – American Medical Association v. Becerra, Oregon v. Becerra and Becerra v. Mayor and City Council of Baltimore – that raised issues relating to abortion – specifically, a regulation issued by the Trump administrat...
Tags: Texas, Featured, Mississippi, Maryland, Supreme Court, Law, Arizona, Louisiana, Biden, Trump, Sonia Sotomayor, HARRIS, American Medical Association, The Supreme Court, Howe, Ramirez


Court revives federal appeal for oil and gas companies in climate-change case

The Supreme Court on Monday gave a major boost to a group of oil and gas companies that are seeking to stay out of state court and defend a lawsuit against them in federal court instead. By a vote of 7-1 (with Justice Samuel Alito not participating), the justices agreed with the companies – which include BP, Chevron and Exxon Mobil – that a federal appeals court had the power to review an entire order sending the case back to state court, rather than only one of the grounds on which the compani...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Exxon Mobil, Baltimore, Chevron, Sonia Sotomayor, The Supreme Court, BP Plc, Howe, Alito, U S Court of Appeals, Samuel Alito, 4th Circuit


On a new, conservative court, Kavanaugh sits at the center

This article is the first in a series on interim statistics from the 2020-21 Supreme Court term. The Supreme Court has issued opinions in roughly half of the cases it will decide this term, and so far Justice Brett Kavanaugh has emerged as the new “median justice” on a solidly conservative court. If the trend holds, Kavanaugh will supplant Chief Justice John Roberts, who occupied the court’s ideological center before the rightward shift caused by the death of Justice Ruth Bader Ginsburg and her...
Tags: Featured, Supreme Court, Law, Republican, Donald Trump, Ruth Bader Ginsburg, Trump, Thomas, Democratic, Sonia Sotomayor, John Roberts, The Supreme Court, Roberts, Ginsburg, Barrett, Sotomayor


Justices voice skepticism about retroactive sentencing reductions for low-level crack-cocaine offenders

On Tuesday, the Supreme Court heard its last case of the term. The case, Terry v. United States, about sentencing reductions for certain offenses involving crack cocaine, comes just a few months before the petitioner, Tarahrick Terry, is scheduled to be released after serving 13 years in prison. But the court’s eventual decision will likely affect hundreds of similarly situated defendants languishing behind bars. It will resolve a circuit split, determine the scope of a decades-long push to ena...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Terry, Bias, Dorsey, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, U S Court of Appeals, Sotomayor


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