Posts filtered by tags: Sonia `` Sotomayor[x]


 

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary

On Tuesday, the Supreme Court heard oral argument in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust. North Carolina hopes to convince the court that its method of taxing trusts, with jurisdiction based on an in-state beneficiary, passes constitutional muster. The court greeted the state’s arguments with significant skepticism. As a quick recap, North Carolina’s Department of Revenue is defending tax liability imposed on income earned by the Kimberley Rice Kaest...
Tags: New York, Featured, Supreme Court, Law, Virginia, South Dakota, Norfolk, North Carolina, Sonia Sotomayor, John Roberts, Wayfair, Brooke, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


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


Argument preview: Justices to consider sanctions for violating bankruptcy discharge

Taggart v. Lorenzen, which will be argued on April 24, the last day of oral arguments for October Term 2018, presents a straightforward legal question for the justices. Specifically, when a debtor has received a discharge in bankruptcy, does a creditor’s good-faith belief that a particular collection activity does not violate the bankruptcy discharge protect the creditor from sanctions for contempt? The overwhelming majority of discharge disputes arise in consumer bankruptcies when common cred...
Tags: Featured, Supreme Court, Law, Oregon, Sonia Sotomayor, Taggart, Lorenzen, Merits Cases, Bradley Taggart, Shelley Lorenzen


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 analysis: Justices debate time travel in assessing liability for inadequate disclosures about tender offers

The argument yesterday in Emulex Corp. v. Varjabedian presented the justices with an odd interpretive problem about revisions to the securities laws made in the 1960s to govern tender offers. At that time, federal courts commonly read statutes as “implying” private rights of action, permitting private parties to file suit to enforce the securities laws whenever it seemed a useful way to ensure compliance. So when Congress wrote the provision proscribing misleading information in disclosures abou...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Elena Kagan, Kagan, Goldstein Russell, Merits Cases, Emulex Corp, Brett Kavanaugh


Empirical SCOTUS: Is Kavanaugh as conservative as expected?

On Monday, April 1, 2019, the Supreme Court decided the case Bucklew v. Precythe, with the five conservative justices in the majority and the four liberals in dissent. To some, including legal scholar and CNN analyst Steve Vladeck, this ruling ushered in a new conservative court without the moderating anchor of Justice Anthony Kennedy. Going even further, Slate’s Mark Joseph Stern referred to the decision as “beyond appalling,” while Think Progress’ Ian Millhiser described it as “the most bloodt...
Tags: Supreme Court, Law, Cnn, United States, Davis, Nielsen, Smith, Donald Trump, Ruth Bader Ginsburg, Delaware, Kennedy, Sanders, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts


Opinion analysis: Court rejects per se rule on cross-examination in Social Security disability cases

The Supreme Court yesterday turned down a Social Security Disability Insurance plaintiff’s proposal to establish a per se rule effectively requiring vocational experts to turn over the data underlying their opinions in every case. Michael Biestek had asked the court to decide that testimony from such an expert who declined a request to turn over underlying data could never suffice to meet the Social Security Administration’s statutory obligation to support its decisions with “substantial evidenc...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, SSA, U S Court of Appeals, Elena Kagan, Kagan, ALJ, Social Security Disability Insurance, Gorsuch, Merits Cases, Neil Gorsuch


Opinion analysis: Divided court rejects lethal-injection challenge by inmate with rare medical condition

Today the Supreme Court rejected a claim by a death-row inmate that executing him by lethal injection would violate the Constitution’s ban on cruel and unusual punishment because of the likelihood that he could wind up choking on his own blood. By a vote of 5-4, the court cleared the way for Russell Bucklew’s execution, in an opinion that at times revealed bitter divides among the justices. The case was not a broad challenge to the use of lethal injection as a method of execution for all prisone...
Tags: Featured, Supreme Court, Law, Alabama, Missouri, Muslim, Louisiana, Oklahoma, Kennedy, Sonia Sotomayor, Howe, Sotomayor, Stephen Breyer, Breyer, Clarence Thomas, Anthony Kennedy


The ‘fix’ is in, again, as unions try to retain power

On March 11, 2019, a class-action lawsuit, Mendez v. CTA, was filed against the California Teachers’ Association, the National Education Association, and California Attorney General Xavier Becerra by desperate teachers seeking freedom from forced unionism. But why? On June 27, 2018, teachers were already freed through the U.S. Supreme Court’s decision in Janus.  After five decades of forced payments to abusive teachers’ unions who pump most of our money into their far-left social, sexual, and po...
Tags: Supreme Court, California, Opinion, Court, America, Sport, Cta, Soccer, Middle East, SEIU, Washington State, Illinois, Trump, Josh, Friedrichs, Democratic Party


Argument analysis: Justices divided on agency deference doctrine

The Supreme Court heard oral argument this morning in a dispute over veterans’ benefits that could become one of the most significant cases of the term. Although the case arose when the Department of Veterans Affairs refused to give James Kisor, who served as a Marine during the Vietnam War, benefits for his post-traumatic-stress disorder dating back to 1983, it has morphed into something much bigger. Kisor and his lawyers have asked the justices to overrule a doctrine that Chief Justice John Ro...
Tags: Featured, Supreme Court, Law, Congress, Court, Marine, Va, Fda, Ruth Bader Ginsburg, Francisco, Chamber of Commerce, Robbins, Sonia Sotomayor, John Roberts, Hughes, Howe


Opinion analysis: The justices wish Sturgeon “good hunting” in Sturgeon v. Frost

The Supreme Court ruled unanimously yesterday in favor of Alaskan John Sturgeon, who waged a 12-year battle against the National Park Service over its ban on hovercraft in park preserves. As a result of the decision, Sturgeon can once again “rev up his hovercraft in search of moose” on the Nation River in the Yukon Charley Preserve. This is the second time this fight has come before the Supreme Court. On one hand, it involves important legal issues affecting public lands, federalism and water ri...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Epa, Frost, Ruth Bader Ginsburg, Sturgeon, National Park, Federal Government, National Park Service, Nps, Sonia Sotomayor, 9th Circuit


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


Supreme Court Declines To Stop Trump Admin’s Bump Stock Ban

WASHINGTON (AP) — The Supreme Court is so far declining to stop the Trump administration from enforcing its ban on bump stock devices, which allow semi-automatic weapons to fire like machine guns. The ban took effect Tuesday. The administration is in the unusual position of arguing against gun rights groups. Gun rights groups asked the court Monday to keep the government from beginning to enforce the ban for now. Chief Justice John Roberts declined a request for the court to get involved Tuesd...
Tags: News, Supreme Court, Scotus, Washington, Ap, Gun Control, Las Vegas, Donald Trump, Trump, Sonia Sotomayor, John Roberts, The Supreme Court, Summer Concepcion, Bump Stock Ban, AP story


Argument analysis: Justices struggle with whether the Hobbs Act is ordinary or extraordinary administrative law

Administrative law nerds anxiously await the term’s main event tomorrow: argument in Kisor v. Wilkie, in which the Supreme Court will consider whether to overturn Auer deference to agency regulatory interpretations. But yesterday brought us an administrative law undercard: argument in PDR Network v. Carlton & Harris Chiropractic. This undercard did not disappoint. Carter G. Phillips for petitioners (Art Lien) The question in PDR Network is whether the Hobbs Act strips district courts of ju...
Tags: Featured, Fcc, Supreme Court, Law, Congress, United States, Federal Communications Commission, Commission, Sonia Sotomayor, APA, John Roberts, Phillips, Alito, U S Court of Appeals, Stephen Breyer, Breyer


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


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


Relist Watch

John Elwood reviews Monday’s relists. Exciting times on the relist front! After a couple of light weeks, we had a flurry of action Monday. From last installment’s two new relists, the Supreme Court called for the views of the solicitor general in one case involving what accommodations employers must make for their employees’ religious exercise. The court denied cert in the other case, which involved claims of racial bias in jury deliberations, prompting Justice Sonia Sotomayor to issue an opinio...
Tags: Featured, Supreme Court, Law, Congress, Alabama, Nike, Indiana, Dhs, Chicago, United States, Social Security, Michael Jordan, Kansas, Jordan, Louisiana, Nielsen


Wednesday round-up

The justices will hear argument in one case this morning: Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution. Amy Howe previewed the case for this blog, in a post that was first published at Howe on the Court. Cecilia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. At AP, Jeff Amy and Mark Sherman report that “[t]he state, defending the co...
Tags: New York, Mississippi, Supreme Court, Law, Congress, Oregon, Court, America, Georgia, Bloomberg, Ap, Atlantic, United States, Hawaii, Liberty, New York Times


Argument analysis: Justices grapple with meaning of final decision made after a hearing

In Monday’s oral argument in Smith v. Berryhill, the justices confronted a split among the courts of appeals as to whether an SSI disability claimant can obtain judicial review of the Social Security Appeals Council’s dismissal of his appeal as untimely under 42 U.S.C. sec. 405(g). Section 405(g) provides that “[a]ny individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, … may obtain review of such decision by a civil action.” ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Commission, Smith, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, U S Court of Appeals, Sotomayor, Kimberly


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


Justices grant four new cases (Corrected)

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Corrections


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


Justices grant four new cases

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Patterson


Morning Docket: 03.18.19

* Sorry, bro, but one of them doesn’t like beer anymore: The Tenth Circuit denied 20 appeals of its earlier decision to dismiss misconduct complaints against now-Justice Brett Kavanaugh, but this time, the panel was split, with one judge saying the "entire council should be disqualified." [National Law Journal] * "It’s not enough to legalize marijuana at the federal level — we should also help those who have suffered due to its prohibition." If you're a Democratic candidate running for presiden...
Tags: Politics, Supreme Court, Law, Marijuana, Nbc News, Diversity, New York Times, Gloria Allred, Thomson Reuters, Trump, Preet Bharara, Democratic, Election 2020, Sonia Sotomayor, Southern District of New York, Tenth Circuit


SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg


Making (belated) case for a Prez to "choose nominees who will help dismantle mass incarceration"

James Forman has this notable new New York Times op-ed about Supreme Court nominations and the field of potential challengers to Prez Trump under the full headline "The Democratic Candidates Should Tell Us Now Who They’ll Put on the Supreme Court. And they should choose nominees who will help dismantle mass incarceration."  I recommend the piece in full, and here are excerpts: In a country that locks up more of its citizens than any other, we should demand that candidates for president have a p...
Tags: Supreme Court, Law, Obama, Alabama, Barack Obama, Hillary Clinton, New York Times, Donald Trump, Trump, Democratic, Alexander, Sonia Sotomayor, Prez Obama, Garland, Thurgood Marshall, Bryan Stevenson


Justice Sotomayor to speak this May at BookExpo

NEW YORK (AP) — Supreme Court Justice Sonia Sotomayor will be holding a special session in May, at the annual publishing convention. Sotomayor will discuss her upcoming book for young readers, “Just Ask: Be Different, Be Brave, Be You,” at BookExpo. The event will take place May 30 at the Jacob Javits Convention Center in […]
Tags: New York, News, Supreme Court, Entertainment, Ap, Nation, Sonia Sotomayor, Sotomayor, Jacob Javits Convention Center