Posts filtered by tags: U.S. Court of Appeals[x]


 

The biggest leak in Supreme Court history

In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had a serious leak on its hands. Judge John Owens of the U.S. Court of Appeals for the 9th Circuit joins SCOTUStalk to tell the tale of Ashton Embry, the Supreme Court clerk who was at the center of the scandal. He also shares stories from his time clerking for Justice Ruth Bader Ginsburg, opens up about how the 9th Circuit is coping in the COVID era, and reveals his thoughts on cameras i...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, U S Court of Appeals, John Owens, SCOTUStalk, Ashton Embry the Supreme Court


In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy case quietly frames profound issues of justice. But, doubtful readers, rest assured that Terry v. United States – which the Supreme Court will hear on Tuesday in the final argument of its 2020-21 term – packs so many swirling issues of great importance into an absurdly little case, it can hardly be believed. The national debate on historical racism in our criminal punishment sys...
Tags: Florida, Featured, Supreme Court, Law, Congress, White House, Barack Obama, United States, Aclu, Kardashian, Biden, Donald Trump, Terry, Justice Department, Jared, Trump


Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


Pivotal gun rights case goes before the Supreme Court

In May 2016, the National Rifle Association endorsed Donald Trump for president. Chris Cox, the executive director of the NRA’s Institute for Legislative Action, said the group rarely endorsed a candidate so far in advance of an election, but that precedent was overridden by the members’ concern that the Second Amendment might not survive a Hillary Clinton presidency. Trump himself said, “The only way to save the Second Amendment is to vote for a person named Donald Trump.” Cox told the members ...
Tags: New York, Supreme Court, California, Opinion, New York City, Sport, Chicago, Soccer, Hillary Clinton, Antarctica, San Diego, Biden, District Of Columbia, Donald Trump, Metro, Trump


Controlled substances, political ads and employee transfers

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether doctors may argue “good faith” as a defense for violating the Controlled Substances Act in prescribing pain medication, whether the Philadelphia transit system can prohibit political advertisements on its buses, and whether an employee who is transferred to a new job with the same pay and benefits as before can bring a claim of employment discrimination. In Ruan v. United States, Dr. Xiulu ...
Tags: Featured, Minnesota, Supreme Court, Law, City, United States, Philadelphia, Savage, Kessler, Lehman, U S Court of Appeals, Federal Circuit, U S Court of Appeals for the Federal Circuit, 11th Circuit, Cole, 4th Circuit


One new case, two issues of appellate procedure

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. A lot of movement on the relist front this week. The court granted review in relisted cases involving the first two amendments to the U.S. Constitution, summarily overturned a court of appeals decision in a relisted habeas case for the second time in a month, and denied leave to file an “original jurisdiction” lawsuit between two st...
Tags: Health, Featured, Maryland, Supreme Court, Law, United States, Johnson, DOE, Ericsson, Tcl, Ortiz, Scott, HARRIS, Allen, Dobbs, Fifth Third Bancorp


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


Student’s Snapchat sets up major ruling on school speech

In 1969, the Supreme Court ruled in Tinker v. Des Moines Independent Community School District that public school officials can regulate speech that would substantially disrupt the school’s work. On Wednesday, the justices will consider whether Tinker also applies to speech by students that occurs off campus. In the internet era, in which cellphones and social media are omnipresent and many schools and parents worry about cyberbullying, the court’s ruling in Mahanoy Area School District v. B.L....
Tags: Featured, Supreme Court, Law, Snapchat, Pandora, Pennsylvania, Levy, Biden, District Of Columbia, Howe, U S Court of Appeals, ADF, Alliance Defending Freedom, 3rd Circuit, Merits Cases, Des Moines Independent Community School District


Eminent domain, sovereign immunity and a controversial pipeline through New Jersey

On Wednesday, the justices will hear argument in PennEast Pipeline Co. v. New Jersey. The case presents the question of what impact, if any, does the Natural Gas Act have on the sovereign immunity provided to the states through the 11th Amendment. This clash between the NGA and the Constitution arose because, under the NGA, companies with permits to build new pipelines can use the power of eminent domain to seize property along the pipeline route. The case has broad ramifications for the indust...
Tags: Texas, Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, State, D C Circuit, FERC, U S Court of Appeals, Federal Energy Regulatory Commission, NGA, PennEast, 3rd Circuit


Justices add new cases on state secrets, free speech

The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The justices also turned down (at least for now) efforts by a group of states, led by Texas, to revive litigation over the “public charge” rule after the Biden administration refused to defe...
Tags: Texas, Featured, Guantanamo Bay, Maryland, Supreme Court, Law, California, Washington, Oregon, United States, Pakistan, Alaska, Poland, Philadelphia, Cia, Volkswagen


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


Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry

Non-U.S. citizens who are deported and later return to the United States can be prosecuted for criminal re-entry. In order for federal prosecutors to sustain a charge for criminal re-entry under 8 U.S.C. § 1326, they must prove the existence of a prior removal order adjudicated by a federal immigration agency. But if the earlier removal order is invalid on legal grounds, then how can the noncitizen use that fact to defend against the criminal re-entry prosecution? On Tuesday, the justices will ...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, United States, Circuit, Trump, 9th Circuit, U S Court of Appeals, Jeff Sessions, Ashcroft, Ochoa, Board of Immigration Appeals, Merits Cases


A clash over renewable fuels hinges on the meaning of a single word

On Tuesday, the Supreme Court will hear oral argument in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association. The case presents an issue of statutory interpretation involving the Renewable Fuel Standard  program — a part of the Clean Air Act that calls for incorporating renewable fuels into transportation fuels. With the meaning of the word “extension” at the core of the dispute, the case promises to yield insights into the justices’ interpretive stances. As clean-energy initiat...
Tags: Featured, Supreme Court, Law, Congress, Epa, Department Of Energy, Chevron, Renewable Fuel Standard, U S Court of Appeals, Renewable Fuels Association, 10th Circuit, Merits Cases, Skidmore, Natural Resources Defense Council Inc, Swift Co, Chevron USA Inc


Court to take up major gun-rights case

Over a decade after it ruled that the Second Amendment protects the right to have a handgun in the home for self-defense, the Supreme Court agreed on Monday to decide whether the Constitution also protects the right to carry a gun outside the home. The justices’ announcement that they will take up a challenge to a New York law that requires anyone who wants to carry a gun in the state to show a good reason for doing so sets the stage for a major ruling on gun rights in the court’s 2021-22 term....
Tags: New York, Featured, Supreme Court, Law, New York City, District Of Columbia, Ruth Bader Ginsburg, Thomas, John Roberts, McDonald, Howe, U S Court of Appeals, City of Chicago, 7th Circuit, Clarence Thomas, Samuel Alito


Two new tests of the court’s abortion jurisprudence

This week we highlight cert petitions that ask the Supreme Court to consider the constitutionality of two controversial abortion laws – and, more broadly, to clarify how lower courts analyzing abortion restrictions should apply last year’s fractured decision in June Medical Services v. Russo. These two new petitions join Dobbs v. Jackson Women’s Health Organization (which has been pending before the justices for nearly a year) in asking the court to wade back into the abortion debate. Box v. ...
Tags: Featured, Fcc, Supreme Court, Law, Planned Parenthood, Kentucky, Indiana, Fox, Arkansas, Federal Communications Commission, Circuit, Summers, John Roberts, 9th Circuit, Dobbs, Roberts


Justices to consider constitutionality of donor disclosure rule

The Supreme Court will close out its April argument session next week with two major First Amendment cases. On Wednesday, it will hear the case of a Pennsylvania student who was removed from her high school cheerleading team after posting offensive messages on social media. But on Monday, it will first hear a very different First Amendment case: a challenge to California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names...
Tags: Featured, Supreme Court, Law, Congress, California, Alabama, Georgia, Pennsylvania, Citizens United, Connecticut, Michigan, Christian, Naacp, Irs, Charles Koch, Richard Blumenthal


Skepticism and the shadow of Chevron in Sanchez v. Mayorkas argument

The humanitarian stakes were indiscernible in Monday morning’s oral argument in Sanchez v. Mayorkas, which examined whether noncitizens who have been granted Temporary Protected Status are eligible for the statutory procedure known as “adjustment of status” in order to become lawful permanent residents. Only Justice Brett Kavanaugh alluded to the 400,000 individuals granted TPS, most of whom have been living and working in the United States for decades, whose prospects of permanent residence wo...
Tags: Supreme Court, Law, Congress, United States, El Salvador, Biden, Chevron, Thomas, Sonia Sotomayor, John Roberts, Roberts, Sánchez, Alito, Gonzalez, Barrett, U S Court of Appeals


United States: Fourth Circuit Finds Compliance Water Act Permit Shields Mine From Violation Of Mining - Taft Stettinius & Hollister

In Southern Appalachian Mountain Stewards v. Red River Coal Co., ___ F.3d ___, No. 19-2194, 2021 WL 1182464 (4th Cir. 2021), the U.S. Court of Appeals for the 4th Circuit held that Red River Coal...
Tags: News, United States, Hollister, U S Court of Appeals, 4th Circuit, Taft Stettinius, Southern Appalachian Mountain Stewards, Red River Coal Co


United States: Second Circuit Affirms Dismissal Of New York City's Climate Change Lawsuit Against Oil Companies - Taft Stettinius & Hollister

In City of New York v. Chevron Corp., ___ F.3d ___, No. 18-2188, 2021 WL 1216541 (2d. Cir. Apr. 1, 2021), the U.S. Court of Appeals for the 2nd Circuit affirmed the dismissal...
Tags: News, New York City, United States, Hollister, U S Court of Appeals, Second Circuit, Chevron Corp, City of New York


Justices to consider awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. Hotels.com brings the justices a basic nuts-and-bolts question of civil procedure: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Generally speaking, under the “American” rule that prevails in the United States, the prevailing party in litigation must pay its own attorney’s fees. There is, however, a relatively narrow category of administrative “costs” related to litigation that the preva...
Tags: Texas, Featured, Law, United States, San Antonio, U S Court of Appeals, 5th Circuit, Merits Cases, 5th Circuit the district


Justices add confrontation-clause case to next term’s docket

The Sixth Amendment gives a defendant in a criminal prosecution the right “to be confronted with the witnesses against him.” On Monday, the Supreme Court agreed to take up the case of Darrell Hemphill, who was convicted for the 2006 shooting death of a child, who was a passenger in a car that drove by a fight on a street in the Bronx. The question that the justices agreed to decide is whether Hemphill “opened the door” at his trial to the use of evidence that would normally be barred by the Con...
Tags: Featured, Supreme Court, Law, Georgia, Pennsylvania, Circuit, Bronx, District Of Columbia, Sonia Sotomayor, Morris, Brown, U S Supreme Court, McDonald, Dobbs, Howe, U S Court of Appeals


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


United States: Fourth Circuit Affirms E.D.Va.: VAGISAN Confusable With VAGISIL For Feminine Hygiene Products - Wolf, Greenfield & Sacks, P.C.

The U.S. Court of Appeals for the Fourth Circuit affirmed the E.D.Va's May 23, 2019 decision [TTABlogged here] reversing the TTAB's dismissal of Combe Incorporated's Section 2(d) opposition to ...
Tags: News, United States, Fourth Circuit, U S Court of Appeals, Wolf Greenfield, Combe Incorporated


Edward Snowden's NFT Self-Portrait Sells for $5.4 Million in Charity Auction

Gizmodo reports: The latest big name to get in on the NFT craze is former intelligence contractor and whistleblower Edward Snowden, who on Friday auctioned off an original NFT art piece for roughly $5.4 million worth of the cryptocurrency Ether. Titled "Stay Free", it's a digital self-portrait made out of pages from a U.S. Court of Appeals decision that ruled the National Security Agency's widespread surveillance of phone records violated the law, a practice Snowden brought to light in 2013 by ...
Tags: Snowden, Nsa, Tech, Edward Snowden, Gizmodo, National Security Agency, Freedom Of The Press Foundation, NFT, U S Court of Appeals


Medicaid, Medicare and House representation for the District of Columbia

This week we highlight cases that ask the Supreme Court to consider, among other things, whether Florida’s Medicaid agency can recoup the cost of past medical expenses from a tort victim’s settlement fund that is intended to pay for future medical care, whether the federal government is properly calculating payments for hospitals serving low-income patients, and whether the District of Columbia deserves a voting House delegate. Gianinna Gallardo was a 13-year-old student when she was hit by a t...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, House, House Of Representatives, Medicare, District Of Columbia, Medicaid, Vermont, AAA, 9th Circuit, Inslee, Florida Supreme Court


Immigration dispute may determine whether tens of thousands of U.S. residents can get green cards

Sanchez v. Mayorkas, scheduled for oral argument on Monday, focuses on whether noncitizens who have been granted humanitarian relief from deportation can seek lawful permanent residency in the United States, through a process known as “adjustment of status,” without first leaving the country. Or must they depart the U.S. and complete their applications for permanent status while abroad? The statutory question presented is whether noncitizens certified by the government for the humanitarian reli...
Tags: Featured, Supreme Court, Law, Congress, Dhs, United States, El Salvador, Biden, Chevron, Trump, Sánchez, Gonzalez, U S Court of Appeals, Mayorkas, 3rd Circuit, Board of Immigration Appeals


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


United States: Because Of Winn-Dixie: What Does The Eleventh Circuit's Ruling Mean For Website Accessibility Claims? - Littler Mendelson

In a long-awaited decision, the U.S. Court of Appeals for the Eleventh Circuit reversed a trial court ruling and held that Winn-Dixie had not discriminated against a visually impaired customer...
Tags: News, United States, Winn Dixie, U S Court of Appeals, Eleventh Circuit, Littler Mendelson


California considers right-to-worship legislation after fifth Supreme Court correction

For the fifth time, the U.S. Supreme Court has corrected the U.S. Court of Appeals for the 9th Circuit’s analysis of California’s COVID-19 restrictions on religious exercise. In its decision on Friday in Tandon v. Newsom, the high court reminded lower courts and lawmakers alike that, even during a crisis like the pandemic, governments cannot treat religious groups worse than secular groups. The decision is particularly timely because on Tuesday, the California Senate Judiciary Committee held a h...
Tags: Supreme Court, California, Opinion, Sport, Soccer, Biden, Gavin Newsom, U S Supreme Court, 9th Circuit, U S Court of Appeals, Tandon, Newsom, Guest Commentary, California Senate Judiciary Committee, Supreme Court Time, Related Articles Bills


United States: Ninth Circuit Clarifies Class Certification Standards In Antitrust Appeal - Jones Day

On April 6, 2021, in Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the U.S. Court of Appeals for the Ninth Circuit resolved...
Tags: News, United States, U S Court of Appeals, Ninth Circuit, Bumble Bee Foods LLC, Olean Wholesale Grocery Coop