Posts filtered by tags: 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: 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


Fooey on the Draft

Iancu v. Brunetti (Supreme Court 2019) [Oral Arg Transcript] In this case, the Federal Circuit held that the prohibition on registering “immoral” or “scandalous” marks is a facial violation of a registrant’s First Amendment free speech rights.  Here, Brunetti is seeking to register the mark “FUCT,” which the solicitor identified as a close homonym of “the paradigmatic word of profanity in our language.” Oral arguments were held on April 15 before the nine Supreme Court justices. In the case bef...
Tags: Supreme Court, Law, California, Uspto, Patent, Tam, Cohen, Coast Guard, Roberts, Ginsburg, Alito, PTO, Sotomayor, Breyer, Sommer, 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: 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


Rancor and Raw Emotion Surface in Supreme Court Death Penalty Ruling

In a 5-to-4 decision, the justices ruled against an inmate with a rare medical condition and debated the ground rules for capital punishment.
Tags: News, Capital punishment, Russell, Alito, Sonia, Sotomayor, Breyer, Kavanaugh, Bucklew, Gorsuch, Stephen G, Decisions and Verdicts, Supreme Court (US, Neil M, Constitution (US, Eighth Amendment (US Constitution


Splitting 5-4 along traditional ideological lines, SCOTUS rejects Missouri inmate's challenge to lethal injection protocol

The Supreme Court this morning handed down its opinion in an execution protocol case, Bucklew v. Precythe, No. 17-8151 (S. Ct. April 1, 2019) (available here).  The Court split 5-4 in favor of the state of Missouri, and here is how Justice Gorsuch's opinion for the Court gets started: Russell Bucklew concedes that the State of Missouri lawfully convicted him of murder and a variety of other crimes.  He acknowledges that the U.S. Constitution permits a sentence of execution for his crimes.  He a...
Tags: Supreme Court, Law, Court, Missouri, Thomas, State, Sotomayor, Breyer, Kavanaugh, Bucklew, Eighth Circuit, Gorsuch, Douglas A Berman, State of Missouri, Russell Bucklew


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


Student SCOTUS preview part three: mapping out likely votes after oral argument in US v. Haymond

I noted here back in 2017 an interesting opinion in US v. Haymond where a Tenth Circuit panel declared unconstitutional the procedures used for revocation of a sex offender's supervised release.  The Supreme Court also found the case interesting because, as reported here, the Justices in 2018 accepted the petition for certiorari filed by the federal government.  The SCOTUSblog page on Haymond has links to all the briefing. As reported in this prior post, I have a great student, Jim McGibbon, who...
Tags: Supreme Court, Law, Washington, Oregon, Court, US, United States, New Jersey, Thomas, Jim, Ginsburg, Blakely, Sotomayor, Kagan, Kavanaugh, Amy Howe


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


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


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


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


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


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


Rise of the Surveillance Scooters?

Imagine being falsely accused of a crime, and even though you know you did nothing wrong, you’re forced to wear a tracking device that monitors every time you leave the house: where you go, when, and for how long. Even though you’re completely innocent, suddenly every errand and day trip is recorded, indefinitely, to be scrutinized, analyzed, and maybe even used against you.  Go to the doctor? They know. Go to AA? They know. Go anyplace where you prize your anonymity, and the government will st...
Tags: Post, News, Los Angeles, Bikes, Scooters, Github, U S Department of Justice, Roberts, Sotomayor, MDS, Los Angeles Department of Transportation, Albert Fox Cahn, Lost Angeles, Street-level Surveillance, Surveillance Technology Oversight Project


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


March 6 roundup

A longtime progressive objects to the diversity pledge (applying to personal and professional lives alike) soon to be expected of Ontario lawyers and paralegals as a condition of their licenses [Murray Klippenstein with Bruce Pardy, Quillette] More on Cato’s First Amendment challenge to SEC gag-order settlements [Cato Daily Podcast with Clark Neily, Robert McNamara, and Caleb Brown] “Federal judge sanctions lead lawyer in Roundup trial for opening statement ‘misconduct'” [Debra Cassens Weiss...
Tags: Law, Uncategorized, Copyright, Canada, SEC, Securities And Exchange Commission, Ontario, Cato, Ninth Circuit, Sotomayor, CALEB BROWN, Eugene Volokh, Stephen Reinhardt, Paul Levy, Matthew Feeney, Cassens Weiss ABA Journal


Opinion analysis: Defense lawyer’s refusal to file requested appeal constitutes ineffective assistance, despite defendant’s appeal waiver

When a defense lawyer decides not to file an appeal of a guilty plea despite his client’s request, he renders ineffective assistance of counsel, even if the client waived his right to appeal in the plea agreement, the Supreme Court ruled Tuesday in Garza v. Idaho. In a 6-3 majority opinion, Justice Sonia Sotomayor held that the presence of an appeal waiver did not render the Supreme Court’s 2000 decision in Roe v. Flores-Ortega inapplicable, as the Idaho Supreme Court had ruled below. Flores-Ort...
Tags: Featured, Supreme Court, Law, Court, United States, Idaho, Thomas, Sonia Sotomayor, The Supreme Court, Idaho Supreme Court, Sotomayor, Clarence Thomas, Samuel Alito, Garza, Gorsuch, Merits Cases


Argument analysis: Peace cross appears safe, if not stable

For nearly a century, a 40-foot-tall stone and concrete cross has stood on a traffic median in the Washington, D.C., suburbs, just a few miles from the Supreme Court. But seven years ago, a group of local residents filed a lawsuit seeking to have the cross removed. They argue that the presence of the cross on public land violates the Constitution, which bars the government from establishing an official religion and favoring one religion over another. The state of Maryland, which owns and maintai...
Tags: New York, Featured, Maryland, Supreme Court, Greece, Law, Washington, David, United States, Wall, Lemon, Gettysburg, Miller, American Legion, George Washington, Sonia Sotomayor


Argument analysis: Justices skeptical of government’s claim that pretrial imprisonment tolls a term of federal supervised release

At Tuesday’s oral argument in Mont v. United States, the justices considered whether a term of federal supervised release is tolled, or put on hold, when someone on supervised release is held in pretrial detention on a new criminal charge. In analyzing this question, the justices focused on the text of 18 U.S.C. § 3624(e), which provides that supervised release does not run “during any period in which the person is imprisoned in connection with a conviction for a Federal, State, or local crime u...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Malone, Alito, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Samuel Alito, Federal State


SCOTUS, ruling 6-3, refuses to let appeal waivers impact ineffectiveness claims when attorney improperly fails to appeal

The Supreme Court this morning handed down an opinion in Garza v. Idaho, No. 17-1026 (S. Ct. Feb. 27, 2019) (available here), a case concerning the distinctive Sixth Amendment jurisprudence addressing whether defense counsel has been constitutionally deficient when failing to appeal upon a defendant's instructions.  The ruling in the case is 6-3, with Justice Sotomayor delivering the opinion of the Court, which was joined by the Chief Justice as well as Justices Ginsburg, Breyer, Kagan and Kavan...
Tags: Supreme Court, Law, Court, Idaho, Alito, Sotomayor, Kavanaugh, Garza, Gorsuch, Douglas A Berman, Justice Thomas, Flores Ortega, Ginsburg Breyer Kagan, Petitioner Gilberto Garza


SCOTUS, ruling 5-3, clarifies execution competency standards and remands in Madison v. Alabama

The Supreme Court this morning handed down an opinion in Madison v. Alabama, 17-7505 (S. Ct. Feb. 27, 2019) (available here), a case concerning the distinctive Eighth Amendment jurisprudence addressing whether a defendant is competent to be executed.  The ruling in the case is 5-3, as Justice Kavanaugh had not yet joined the Court at the time the case was argued.  Justice Kagan delivered the opinion of the Court, which was joined by the Chief Justice as well as Justices Ginsburg, Breyer and Soto...
Tags: Supreme Court, Law, Court, Alabama, San Francisco, Madison, Thomas, Alito, Sotomayor, Kagan, Sheehan, Osborn, Visa Inc, Kavanaugh, Petitioner, Gorsuch


Haymond seemingly to become major Apprendi progeny altering federal supervised release revocations

Though I have not yet had time to read the full transcript of oral argument in United States v. Haymond, which is now available here, reading Amy Howe's argument analysis at SCOTUSblog suggests the tea-leaves are easy to read after the oral argument. The posting is titled "Court poised to rule for challenger in dispute over constitutionality of sex-offender law," and here are snippets: This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law th...
Tags: Supreme Court, Law, United States, Oklahoma, Sonia Sotomayor, Alito, Sotomayor, Samuel Alito, Kavanaugh, Amy Howe, Tenth Circuit, Feigin, Douglas A Berman, Brett Kavanaugh, Alleyne, Eric Feigin


Argument analysis: Court poised to rule for challenger in dispute over constitutionality of sex-offender law

This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return to prison for at least five years – and possibly for the rest of their lives – if a judge finds that they have committed certain crimes. The defendant in the case, an Oklahoma man who served time for possessing child pornography and was then sent back to prison after he violated the terms of his supervised release, argues that the law violate...
Tags: Featured, Supreme Court, Law, Congress, United States, Oklahoma, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Howe, Ginsburg, Sotomayor, Elena Kagan, Kagan, Samuel Alito, Kavanaugh


Justice Sotomayor on administrative law’s “stacked deck”

Last week the Supreme Court heard oral argument in Return Mail Inc. v. USPS, posing the patent law issue (to quote SCOTUSBlog) of “Whether the government is a ‘person’ who may petition to institute review proceedings under the Leahy-Smith America Invents Act.” On pp. 30-31 of the transcript, Justice Sonia Sotomayor referred favorably to the Cato Institute’s brief on the unique dangers that can arise when federal agencies litigate before federal agencies. And that wasn’t even the best part! Thi...
Tags: Supreme Court, Law, Uncategorized, Usps, Administrative Law, Sonia Sotomayor, Cato Institute, Sotomayor, Leahy Smith America, Patent Litigation, Return Mail Inc


Empirical SCOTUS: Amid record-breaking consensus, the justices’ divisions still run deep

How divided is the current Supreme Court? On the surface the answer appears mixed. Much conversation over the past several years surrounding the court’s decisions has had to do with partisan and ideological divisions among the justices. These divisions and the court’s rightward shift appear a reality as of the court’s conservative wing in ideologically divided 5-4 decisions from last term. These divisions do not necessarily define the court, however. Along with clear divisions, the Supreme Cou...
Tags: Supreme Court, Law, Kentucky, Donald Trump, Ruth Bader Ginsburg, United, White, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, William Rehnquist, Sotomayor