Posts filtered by tags: Stephen `` Breyer[x]


 

Maybe Don’t Twist Breyer’s Arm About Retiring, Dems

Should he stay or should he go now? Just make a decision already.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Stephen Breyer, Breyer, Supreme Court Retirement Watch


Democrats wary of appearing to push Justice Breyer out

Senior Democrats are treading carefully around Justice Stephen Breyer these days, worried that a progressive push to get him to retire could either anger him or come off as overtly political -- in either case potentially dashing their hopes of getting a young new liberal on the Supreme Court in his place.
Tags: News, Supreme Court, Stories, Stephen Breyer, Breyer


Democrats wary of appearing to push Justice Breyer out despite their small window to replace him

Senior Democrats are treading carefully around Justice Stephen Breyer these days, worried that a progressive push to get him to retire could either anger him or come off as overtly political -- in either case potentially dashing their hopes of getting a young new liberal on the Supreme Court in his place.
Tags: Supreme Court, Cnn, Stephen Breyer, Breyer


Supreme Court is likely to significantly expand gun rights

Last week, the U.S. Supreme Court announced it would decide whether New York and seven other states (including California) have the right to restrict residents from carrying a firearm outside the resident’s home. The use of firearms is at the center of America’s recent civil disturbances in two ways. First, there are the mass killings involving guns suffered at schools, malls, and places of worship.  Second, police who have used deadly force against suspects have often raised as their reason for...
Tags: New York, Supreme Court, Congress, California, Opinion, Washington, Senate, America, Sport, Soccer, Republican Party, Donald Trump, U S Supreme Court, Roberts, Jefferson, Stephen Breyer


Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit


United States: The Tail Cannot Wag The Dog: The U.S. Supreme Court Rules That The FTC Cannot Seek Equitable Monetary Relief In Section 13(b) Cases - Mintz

On April 22, 2021, in a unanimous decision authored by Justice Stephen Breyer, the U.S. Supreme Court ruled that the Federal Trade Commission ("FTC") does not have the authority to seek monetary relief under...
Tags: News, United States, Ftc, U S Supreme Court, Stephen Breyer, Federal Trade Commission FTC, Mintz, Equitable Monetary Relief In Section


Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer


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


Supreme Court grapples with First Amendment rights of schoolchildren in cheerleader case

Justice Stephen Breyer acknowledged that Levy used "unattractive swear words," but he questioned whether it caused a "material and substantial disruption" to the school.
Tags: Supreme Court, Cnn, Levy, Stephen Breyer


Court wrestles with Superfund contribution puzzle

Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump. The Navy created the dump during the 1940s...
Tags: Featured, Law, Navy, Massachusetts, United States, Wyoming, Epa, CWA, Environmental Protection Agency, Sonia Sotomayor, U S Navy, Sotomayor, Stephen Breyer, Clarence Thomas, Guam, Samuel Alito


Justices doubtful on California donor-disclosure requirement

The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The requirement, the state insists, helps it to police charitable fraud. But two nonprofits argue that the rule violates the First Amendment by discouraging their donors from making contributions. After near...
Tags: Featured, Supreme Court, Law, California, Alabama, Irs, Charles Koch, Sonia Sotomayor, John Roberts, American Civil Liberties Union, Feinberg, Roberts, Howe, Alito, Shaffer, Barrett


10 Things in Politics: This brash GOP rep. voted to impeach Trump

Republican Rep. Peter Meijer of Michigan. Tom Williams/CQ-Roll Call Good morning! I hope you had a nice weekend. Welcome back to 10 Things in Politics, your weekday look at the biggest stories in DC and beyond. Sign up here to receive this newsletter.Send tips to [email protected] or tweet me at @BrentGriffiths.Here's what we're talking about:Meet Peter Meijer, a brash Republican who voted to impeach TrumpFully vaccinated American tourists will be allowed to visit the European ...
Tags: Florida, Politics, Supreme Court, Congress, White House, India, US, West Virginia, Newsletter, Trends, Eu, European Union, Cnn, Afghanistan, Gop, Ford


Meandering argument sheds little light on mandatory awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. Hotels.com considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. It turns out, at least as far as the argument suggests, that nothing about that question is simple or obvious. The case involves two subsections of Rule 39 of the Federal Rules of Appellate Procedure. The first question is which party should pay costs. All agree that s...
Tags: Supreme Court, Law, Circuit, San Antonio, Thomas, John Roberts, Barrett, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Gorsuch, Merits Cases


Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

The justices explored possible ways to limit the doctrine of patent assignor estoppel during oral argument in Minerva Surgical Inc. v. Hologic Inc. on Wednesday. The doctrine works like this. An inventor files a patent application on an invention and assigns the patent rights to an assignee — perhaps in exchange for money from the assignee, or perhaps as part of a contract with the inventor’s employer. After a patent issues, the assignee contends that the inventor has infringed the patent. In t...
Tags: Featured, Supreme Court, Law, Wolf, John Roberts, Minerva, Stephen Breyer, Elena Kagan, Clarence Thomas, Hologic Inc, Ratner, Hologic, Hochman, Merits Cases, Neil Gorsuch, Robert Hochman


Justices unanimously reject FTC’s authority to compel monetary relief

My post summarizing the oral argument in AMG Capital Management v. Federal Trade Commission suggested that it didn’t go well for the FTC because even Justice Stephen Breyer was unreceptive to the broad authority the commission was claiming in its efforts to recoup money from businesses accused of deceiving consumers. That understanding was born out Thursday when Breyer’s opinion for a unanimous court firmly and categorically rejected the commission’s argument. As Breyer explains, the case inv...
Tags: Featured, Law, Congress, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management, AMG Capital


Court upholds life-without-parole sentence for Mississippi man convicted as juvenile

This article was updated on Thursday, April 22, at 7:40 p.m. The Supreme Court on Thursday declined to impose new restrictions on the ability of states to sentence juveniles to life without parole, rejecting a challenge from a Mississippi man, Brett Jones, who was convicted of the 2004 stabbing death of his grandfather, a crime committed when Jones was 15. Jones had argued that two recent Supreme Court decisions on mandatory life-without-parole decisions for juveniles – the court’s 2012 decisio...
Tags: Featured, Mississippi, Supreme Court, Law, Alabama, Louisiana, Jones, Montgomery, Miller, Thomas, Sonia Sotomayor, The Supreme Court, Howe, Sotomayor, Stephen Breyer, Elena Kagan


Supreme Court Slashes FTC's Power To Seek Monetary Awards

The U.S. Supreme Court slashed the Federal Trade Commission's power to seek monetary awards in court, throwing out a legal tool the consumer-protection agency has used to collect billions of dollars over the past decade. From a report: The justices on Thursday unanimously said the FTC can't seek consumer redress when it invokes a provision that lets the agency go straight to federal court to try to stop an alleged fraud. The ruling is a triumph for business trade groups, which urged the court to...
Tags: Congress, Tech, Federal Trade Commission, Ftc, U S Supreme Court, Volkswagen AG, Stephen Breyer, Breyer, Supreme Court Slashes FTC


Justices reject issue-exhaustion requirement for Social Security claimants

The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. Carr v. Saul considered whether Social Security claimants are required not only to go through the administrative process before seeking relief in court, but whether they must raise before the agency all of the issues they will present when they get to court. The court ruled 9-0 that claimants need not rai...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Carr, Sonia Sotomayor, Saul, Sotomayor, Stephen Breyer, Clarence Thomas, Merits Cases


Unanimous court curtails FTC’s ability to obtain restitution for deceptive practices

The Supreme Court on Thursday unanimously ruled against the Federal Trade Commission in a dispute with a payday loan company over the extent of the commission’s authority to seek monetary restitution from companies engaged in deceptive practices. In an opinion by Justice Stephen Breyer, the court held that Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek (and does not allow courts to award) “equitable monetary relief such as restitution or disgorgement.” That...
Tags: Featured, Supreme Court, Law, Commission, Federal Trade Commission, Ftc, Stephen Breyer, Breyer, Merits Cases, AMG Capital Management


Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations

With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations. During nearly two hours of oral argument in Yellen v. Confederated Tribes of the Chehalis Reservation, the justices expressed doubts about the textual arguments advanced by both sides even as they seemed wary of the consequences of a ruli...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Paul Clement, Yellen, Thomas, Sonia Sotomayor, John Roberts, Roberts, Treasury Department, Alito, Barrett, Sotomayor


What packing the Supreme Court would really do

US Supreme Court Justice Stephen Breyer recently offered some advice to the proponents of court packing: think long and hard about the consequences.
Tags: News, Supreme Court, Stories, US supreme court, Stephen Breyer


Previewing how SCOTUS will sort through Rehaif reverberations

Writing over at SCOTUSblog here, Evan Lee effectively previews the pair of criminal cases that the SUpreme Cout will hear Tuesday morning. The post is titled "Pondering the aftermath of a landmark ruling in felon-in-possession cases," and here is how it starts and concludes: On June 21, 2019, the Supreme Court handed down its opinion in Rehaif v. United States, holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s know...
Tags: Supreme Court, Law, United States, Gary, Sonia Sotomayor, Greer, Stephen Breyer, Douglas A Berman, Evan Lee, United States and United States, Rehaif, Rehaif Elena Kagan


Biden says he’s willing ‘to compromise’ with Republicans on infrastructure bill – live

President meets with a bipartisan group of lawmakersBiden says everyone in US now eligible for Covid vaccine Biden directs agencies to stop using phrases like ‘illegal alien’Sign up to receive First Thing – our daily briefing by email 7.57pm BST Pressure among the left for Supreme Court justice Stephen Breyer to retire is growing. Another progressive group, Women's March, is calling on Supreme Court Justice Stephen Breyer to retire so Biden can replace him."The longer Breyer stays on the Cou...
Tags: Supreme Court, Senate, White House, US, Joe Biden, US news, US politics, Bill Clinton, Mitch McConnell, US Congress, Republican, Biden, Democratic, Democratic Party, Stephen Breyer, Breyer


Pondering the aftermath of a landmark ruling in felon-in-possession cases

On June 21, 2019, the Supreme Court handed down its opinion in Rehaif v. United States, holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. The 7-2 decision overruled precedent in every circuit that had considered the issue. Rehaif applies to every federal felon-in-possession conviction not yet final as of the date ...
Tags: Supreme Court, Law, United States, South Carolina, Gary, Jacksonville Florida, Sonia Sotomayor, Greer, U S Court of Appeals, Stephen Breyer, 11th Circuit, 4th Circuit, Lockhart, Merits Cases, United States and United States, Rehaif


Democratic Rep. Mondaire Jones calls on Supreme Court Justice Stephen Breyer to retire

Rep. Mondaire Jones (D-New York) speaks during a news conference outside the Supreme Court building to announce legislation to expand the number of seats on the court. Caroline Brehman/CQ-Roll Call, Inc via Getty Images Rep. Mondaire Jones is calling on Justice Stephen Breyer to retire from the Supreme Court. Jones wants Biden to appoint a new justice and backs expanding the court from nine to 13 members. "Court expansion is something that is deeply rooted in the American tradition," Jones...
Tags: Politics, New York, Supreme Court, Congress, California, Senate, White House, Massachusetts, Court, US, Barack Obama, Trends, Georgia, Joe Biden, Gop, United States


Partisan court-packing bill met with little enthusiasm, for now

On Thursday, a group of congressional Democrats introduced legislation to expand the Supreme Court from nine to 13 justices. Rep. Jerrold Nadler, D-New York, in a written statement announcing the proposal, initially sought to appeal to considerations such as the growing population of the country and the growing complexity of legal issues. It wasn’t long before the facade was dropped and the proposal was revealed to be little more than partisan retribution about the fact that six out of the nine ...
Tags: New York, Supreme Court, California, Opinion, Senate, Massachusetts, Sport, Joe Biden, Soccer, Editorials, House, Nancy Pelosi, Illinois, Donald Trump, Ruth Bader Ginsburg, McConnell


Democratic congressman calls on Justice Stephen Breyer to retire

Democratic Rep. Mondaire Jones on Friday said Supreme Court Justice Stephen Breyer should retire this summer, becoming the first congressional member to publicly call for the 82-year-old justice to step down.
Tags: Supreme Court, Cnn, Stephen Breyer, Democratic Rep Mondaire Jones


SCOTUS once again defends constitutional rights in California

In another divided decision, the United States Supreme Court has come down against California’s pandemic restrictions on the constitutionally protected free exercise of religion. For the fifth time, the justices held that the state’s rules illegally treat religious activities less favorably than secular ones. The decision released Friday in Tandon v. Newsom involved the restrictions on in-home gatherings for such purposes as Bible study or prayer. A majority of the court said the state could not...
Tags: Supreme Court, California, Opinion, Los Angeles, Sport, Soccer, Editorials, Joe, Gavin Newsom, Ninth Circuit, Stephen Breyer, Elena Kagan, United States Supreme Court, Tandon, Newsom, Sonia Sotomayor Kagan


Two Sixth Amendment claims and an ERISA lawsuit

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 didn’t have a conference last week, so it has more on its plate for this Friday’s conference than usual: 278 cases are scheduled for review. The court will likely be paying special attention to three of them, which are this week’s new relists. The court will be considering each of them for a second time. Two of the...
Tags: Health, New York, Texas, Featured, Maryland, Supreme Court, Law, California, United States, Ibm, Cia, Johnson, Abu Zubaydah, Central Intelligence Agency, Wells Fargo, Scott