Posts filtered by tags: Sotomayor[x]


"The Supreme Court ruled Wednesday teachers at religious schools are foreclosed from bringing workplace discrimination cases against their employers."

"The 7-2 ruling said the lawsuits could not move forward due to the “ministerial exception” and court precedent, which has held the First Amendment protects religious institutions from some workplace discrimination complaints."The Washington Times reports.AND: A second case announced this morning — "In Little Sisters of the Poor v. Pennsylvania, the justices upheld a federal rule exempting employers with religious or moral objections from providing contraceptive coverage to their employees under...
Tags: Supreme Court, Education, Law, Court, Pennsylvania, Birth Control, Poor, Nuns, Thomas, Ginsburg, The Washington Times, Sotomayor, Breyer, Kagan, Clarence Thomas, RFRA

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

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

Opinion analysis: Court holds that “” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark

time to register your

United States Patent & Trademark Office (USPTO) v. Booking.Com B.V. (Supreme Court 2020) [Full Decision PDF] In this trademark case, the USPTO asked the court to implement its “nearly per se” rule that a generic term remains generic even if coupled with a generic top level domain (such as “.com”).  The 4th Circuit sided with BOOKING.COM and the Supreme Court has now affirmed: “[W]e discern no support for the PTO’s current view in trademark law or policy.” Id. According to the majority, the ques...
Tags: Supreme Court, Law, Uspto, Patent, Travelocity, Ginsburg, PTO, Goodyear, Sotomayor, Breyer, United States Patent Trademark Office USPTO, Booking com, Goodyear Rubber Co, Booking Com B V Supreme Court, Goodyear 's India Rubber Glove Mfg Co

Supreme Court Turns Down Request to Allow All Texans to Vote by Mail

Democrats in the state had urged the justices to reinstate a federal trial judge’s order based on the 26th Amendment, which bars voting discrimination based on age.
Tags: News, Supreme Court, Discrimination, Ho, Sonia, Sotomayor, United States Politics and Government, Biery, Supreme Court (US, Voter Registration and Requirements, Constitution (US, Absentee Voting, Fred S, Coronavirus (2019-nCoV, James C (1973-

Justices reject effort to allow mail-in voting for all in Texas

The Supreme Court today refused to reinstate a ruling by a federal trial court that would have allowed all eligible voters in Texas to vote by mail for the 2020 election cycle. In a brief order without any noted dissents, the justices turned down a request from the Texas Democratic Party and a group of Texas voters to block a ruling by the U.S. Court of Appeals for the 5th Circuit that put the trial court’s ruling on hold. In a short statement, Justice Sonia Sotomayor urged the 5th Circuit to se...
Tags: Texas, Featured, Supreme Court, Law, Sonia Sotomayor, Howe, U S Court of Appeals, Sotomayor, 5th Circuit, Fred Biery, Texas Democratic Party, Biery, Emergency appeals and applications

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 Limits S.E.C.’s Power to Recoup Ill-Gotten Gains

But the justices rejected a request that they rule the agency can never sue for disgorgement of profits obtained by fraud.
Tags: News, Securities And Exchange Commission, Thomas, Clarence, Sonia, Sotomayor, Foreign Investments, Securities and Commodities Violations, Supreme Court (US, Supreme Court Limits S E C

Court narrows SEC power to recoup illegal gains in case tied to Laguna Niguel couple

By Greg Stohr, Bloomberg The U.S. Supreme Court limited the power of the Securities and Exchange Commission to recoup illegal profits from wrongdoers, putting new curbs on one of the agency’s most potent legal weapons. The 8-1 ruling Monday preserved the SEC’s power to win “disgorgement” in federal court so long as the money is used to reimburse defrauded investors and doesn’t exceed the wrongdoer’s net profits. But the court also suggested that federal law bars awards from going further, blunti...
Tags: Business, New York, Supreme Court, Congress, Sport, Soccer, Treasury, SEC, Donald Trump, Securities And Exchange Commission, Sonia Sotomayor, Liu, Greg Stohr, Wang, Sotomayor, Clarence Thomas

Opinion analysis: Justices accept, but cabin, SEC’s right to disgorgement in securities litigation

The decision this morning in Liu v. Securities and Exchange Commission struck a middle ground, rejecting the broad argument that the SEC could never obtain disgorgement of profits from unlawful activity in securities litigation, but sharply cutting back the remedy as the SEC has envisioned it in recent years. As securities cases go, the issue in the case was simple, involving the scope of relief in SEC enforcement actions brought in federal court, as opposed to agency administrative proceedings....
Tags: Featured, Supreme Court, Law, Treasury, SEC, Securities And Exchange Commission, Sonia Sotomayor, Liu, Sotomayor, Clarence Thomas, Merits Cases, Charles Liu, Xin Wang

Justice Sotomayor cites Trump's remarks against Mexicans, immigrants behind decision to end DACA

"I would not so readily dismiss the allegation that an executive decision disproportionately harms the same racial group that the President branded as less desirable," wrote Sotomayor.
Tags: News, Trump, Sotomayor

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

Opinion analysis: Appalachian Trail no barrier for major gas pipeline

In one of the major environmental cases of the term, the Supreme Court ruled 7-2 this week that the U.S. Forest Service could permit the Atlantic Coast Pipeline to cross underneath the Appalachian Trail in Virginia’s George Washington National Forest. The ruling in the consolidated cases U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association lifts one major obstacle to the 600-mile pipeline, which could carry ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, West Virginia, Circuit, North Carolina, Ruth Bader Ginsburg, East Coast, Forest Service, Duke Energy, Trail, National Park Service, Midwest, Thomas

Can Being a Yankees Fan Really Get You Fired?

My unabashed love of the New York Yankees has been well chronicled here on the blog. (Here and here for just a sample.) So imagine my surprise when I did a deeper dive last night into the Supreme Court’s landmark decision yesterday.  There on page ten, Justice Gorsuch digs deep into baseball loyalties for this example: Consider an employer with a policy of firing any woman he discovers to be a Yankees fan. Carrying out that rule because an employee is a woman and a fan of the Yankees is a firing...
Tags: New York, Supreme Court, Law, Scotus, Sex, Lgbt, Discrimination, Yankees, Red Sox, Litigation, New York Yankees, Yankee, Sotomayor, Gorsuch, Human Resources (HR) Compliance, Discrimination & Harassment

Empirical SCOTUS: Interesting meetings of the minds of Supreme Court justices

Unanimity in the Supreme Court used to be the norm. In the early years of court history there were few dissents, and so there was little opportunity to examine differences between the justices outside of how they authored their majority opinions. This practice has changed over the years, and decisions are more frequently divided rather than unanimous. Certain justices are also more likely to vote alongside, or against, one another. Differences in voting agreements can be somewhat staggering. ...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, William Rehnquist, Sotomayor, Stephen Breyer, Breyer, Elena Kagan

‘Troubling Tableau’ in 11th Circuit’s Prisoner Cases, Sotomayor Says

The appeals court, which covers three Southern states, uses procedures “out of step with other courts,” Justice Sonia Sotomayor wrote, echoing critiques from judges and scholars.
Tags: News, Habeas Corpus, Sonia Sotomayor, Sonia, Sotomayor, 11th Circuit, Supreme Court (US, Suits and Litigation (Civil, Harcourt, Bernard E

Split Sixth Circuit panel vacates district court order to transfer vulnerable prisoners "out of Elkton through any means"

A few months ago, as detailed here, US District Judge James Gwin granted a preliminary injunction ordering federal officials to identify, and then start moving out, medically vulnerable prisoners from the Elkton federal prison in Ohio.  Federal officials appealed this order to the Sixth Circuit, but a Sixth Circuit panel refused initially to stay it, and thereafter Judge Gwin issued this follow-up order which stated that "Respondents have made poor progress in transferring subclass members out o...
Tags: Cook, Sixth Circuit, Supreme Court, Law, US, Aclu, Bill Clinton, Ohio, Gibbons, Sotomayor, 6th U S Circuit Court of Appeals, Elkton, Cole, Gwin, James Gwin, Bureau of Prisons

Justice Sotomayor flags due process concerns with how Eleventh Circuit considers inmate efforts to file second/successive habeas petition under AEDPA

The US Supreme Court has kicked off another work week with another anticlimactic order list this morning.  The Court granted cert only on a procedural immigration issue, while failing to take any action on an array of Second Amendment and qualified immunity cases that it has been sitting on for a number of weeks.  Still, there are some in crumbs for hard-core habeas fans thanks to a statement on the denial of cert from Justice Sotomayor concerning the process the Eleventh Circuit uses to conside...
Tags: Law, Court, US supreme court, Wilson, Court of Appeals, Sotomayor, Eleventh Circuit, Douglas A Berman, AEDPA

U.S. Supreme Court justice Sotomayor puts hold on Ohio inmate transfers

U.S. Supreme Court Justice Sonia Sotomayor on Thursday put on hold a judge's ruling that would require the U.S. government to move up to 837 potentially at-risk prisoners out of a federal prison in Ohio due to concerns about the health risks of the coronavirus. The Supreme Court on May 26 rejected the administration's first request seeking to block the judge's ruling. Inmates at the Elkton Correctional Institution filed suit in April saying that the conditions at the facility in eastern Ohio v...
Tags: News, Supreme Court, Ohio, Sonia Sotomayor, U S Supreme Court, Sotomayor, Elkton Correctional Institution

Sotomayor blocks Ohio prisoner release plan for now

Last week the Supreme Court rejected a request by the federal government to temporarily block an order that could have required the release or transfer of over 800 inmates from a federal prison in Ohio where nine inmates have died from COVID-19. But the court’s ruling suggested that it was largely based on procedural grounds, because the government had not appealed the lower court’s most recent order. On Monday the government returned to the Supreme Court. This time the government asked the just...
Tags: Featured, Sixth Circuit, Supreme Court, Law, Ohio, Sonia Sotomayor, Howe, U S Court of Appeals, Sotomayor, Elkton, United States Court of Appeals, Bureau of Prisons, Bop, What's Happening Now, Elkton Ohio, 6th Circuit

Justice Sotomayor stays federal judicial orders to transfer vulnerable Elkton prisoners pending Sixth Circuit appeal

As noted in this post, last week the full Supreme Court denied, by a 6-3 vote, a request by the federal government to stay a federal district court order to release or transfer vulnerable inmates from the Elkton federal prison.  But this ruling was, in essence, based on a technicality, and today Justice Sotomayor via this order granted the stay the feds were seeking: IT IS ORDERED that the District Court’s April 22 and May 19 orders are hereby stayed pending disposition of the Government’s appea...
Tags: Sixth Circuit, Supreme Court, Law, Court, District Court, Sotomayor, Elkton, United States Court of Appeals, Douglas A Berman

PROMESA and Original Understandings of the Territories’ Constitutional Status

Gregory Ablavsky For the past six years, I have been toiling away on first a dissertation and now hopefully-soon-to-be-forthcoming book on the legal history of the first U.S. territories.   (You can read some of my law review articles based on this research here and here).   This work has meant I have spent much time staring at the microfilmed papers of some now-obscure, if often entertaining, early American politicians—people like William Blount (Governor of the Southwest Territory), Winthrop...
Tags: Justice, Congress, Washington, Senate, Court, United States, Tennessee, Ohio, North Carolina, Branding, Puerto Rico, Guest Blogger, Thomas, State, Thomas Jefferson, U S Supreme Court

Does John Roberts Need to Check His Own Biases?

Evidence from recent Supreme Court arguments suggests that the chief justice, like most people, may have ideological and gender blind spots.
Tags: News, Supreme Court, Trump, John Roberts, Roberts, Ginsburg, Alito, Sonia, Sotomayor, Breyer, Kavanaugh, Donald J, Stephen G, Ruth Bader, Supreme Court (US, John G Jr

Opinion analysis: After a long wait, a unanimous court upholds Puerto Rico oversight board

In 2016, Congress passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). The law created a seven-member board tasked with bringing financial stability back to the island. But when the board began proceedings in federal court to restructure Puerto Rico’s massive debt, a hedge fund that had invested in distressed Puerto Rico bonds and a local labor union went to court to challenge the method by which the board’s members had been appointed. They argued that under the Co...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Court, United States, District Of Columbia, Puerto Rico, Thomas, Sonia Sotomayor, Howe, Federal Election Commission, Sotomayor, Stephen Breyer

Empirical SCOTUS: How the justices and advocates spent their speaking time during the May arguments

Editor’s note: This is the third post in a series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. The Supreme Court heard some of the most important cases of the term in a month when there almost were no arguments at all. The court canceled its March and April sittings due to COVID-19. With flexible ingenuity, it then rescheduled 10 arguments for May, which was the first time the court has had anything near a full May sitting since...
Tags: Supreme Court, Law, Pennsylvania, United States, Donald Trump, Ruth Bader Ginsburg, Francisco, Trump, Sonia Sotomayor, John Roberts, Vance, Fisher, Roberts, Alito, Koons, Sotomayor

Empirical SCOTUS: Results from the court’s experiment with a new oral argument format

Editor’s note: This is the second post in a series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. Data for this project was provided by Oyez, a free law project by Justia and the Legal Information Institute of Cornell Law School. Kalvis Golde and Katie Bart both provided invaluable assistance in aggregating data for this post. We recently witnessed what was likely the biggest experiment in the history of Supreme Court oral argumen...
Tags: Featured, Supreme Court, Law, Pennsylvania, Times, Ruth Bader Ginsburg, Trump, Thomas, Sonia Sotomayor, John Roberts, Vance, Roberts, Alito, William Rehnquist, Sotomayor, Stephen Breyer