This week at the court

This week at the courtOn Friday, the justices meet for their February 15 conference. The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court’s website.

The post This week at the court appeared first on SCOTUSblog.

This week at the court

On Friday, the justices meet for their February 15 conference.

The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court’s website.

The post This week at the court appeared first on SCOTUSblog.

from https://www.scotusblog.com

Friday round-up

Friday round-upRobert Barnes of The Washington Post reports that a request by abortion providers in Louisiana to the Supreme Court for an emergency stay of a state law provides “an unexpectedly quick test on the issue for the court’s strengthened majority,” which otherwise “seems to have taken a low-key approach to this term, after an unwelcome […]

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Friday round-up

Robert Barnes of The Washington Post reports that a request by abortion providers in Louisiana to the Supreme Court for an emergency stay of a state law provides “an unexpectedly quick test on the issue for the court’s strengthened majority,” which otherwise “seems to have taken a low-key approach to this term, after an unwelcome moment in the political spotlight during the partisan brawl over [Justice Brett] Kavanaugh’s nomination.” Additional coverage come from Richard Wolf of USA Today, Sabrina Wilson of Fox 8 Local First (New Orleans) and Lisa Belkin of Yahoo News. Commentary comes from Nancy Northup, head of the Center for Reproductive Rights, which represents the providers, in an op-ed for The New York Times.

Briefly:

  • Richard Wolf of USA Today looks at the Second Amendment’s right to bear arms, noting that “Kavanaugh’s addition to the court in October may have given the other conservatives the vote they need to win future cases.”
  • Kevin Daley of The Daily Caller covers Justice Samuel Alito’s statement (joined by three other justices) regarding denial of review in the case of a football coach fired after praying with his players, in which Alito “criticized the 1990 Employment Division v. Smith decision, a landmark ruling that held laws which interfere with religious exercise are constitutional provided that they apply to everyone and are neutrally enforced.”
  • In The New Yorker, Louis Menand looks at the history the 1896 Plessy v. Ferguson decision in light of Steve Luxenberg’s forthcoming book, “Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation.”

We rely on our readers to send us links for our round-up. If you have or know of a recent (published in the last two or three days) article, post, podcast, or op-ed relating to the Supreme Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com. Thank you!

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Thursday round-up

Thursday round-upBriefly: At Verdict, Sherry Colb discusses Mitchell v. Wisconsin, in which the court will decide whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement; she questions the utility of the “implied consent” concept, arguing that the Fourth Amendment analysis would be cleaner without it. In the […]

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Thursday round-up

Briefly:

  • At Verdict, Sherry Colb discusses Mitchell v. Wisconsin, in which the court will decide whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement; she questions the utility of the “implied consent” concept, arguing that the Fourth Amendment analysis would be cleaner without it.
  • In the New York Law Journal (registration required), Jason Grant reports that the Supreme Court has ordered New York to respond to a petition for certiorari filed by a lawyer who uses a wheelchair and is seeking to have the Kings County Supreme Court civil courthouse made accessible.
  • In an op-ed at The Daily Signal, Michael Berry writes that — even though the Supreme Court declined to hear the case of his client, Joseph Kennedy, a football coach fired after praying with his players – he is “confident Kennedy will be able to return to the field, and that the First Amendment rights of coaches and teachers will be restored,” based on Justice Samuel Alito’s statement (joined by three other justices) regarding denial of review.
  • In The National Law Review, Jeanne Amy looks at the court’s decision to review whether punitive damages are recoverable in general maritime-law claims for unseaworthiness, in The Dutra Group v. Batterton, which, she writes, “brings the issue into focus for the high court because it is directly at odds with a 2014 US Fifth Circuit decision that held that punitive damages are nonpecuniary and therefore not recoverable in unseaworthiness actions.”
  • In an op-ed for The New York Times, Linda Greenhouse writes that although her “feminist sensibilities make [her] wary of suggesting that Ginni Thomas should not be completely free to embrace her causes,” Greenhouse questions whether “there’s something troublesome about the unbounded nature of her public advocacy” as the wife of Justice Clarence Thomas.
  • In an op-ed for The Hill, Lawrence Friedman looks at New York State Rifle & Pistol Association Inc. v. City of New York, a challenge to the constitutionality of the city’s handgun restrictions; he concludes that “we should not be too surprised if [Chief Justice John Roberts] is able to cobble together a majority willing to resolve the dispute over New York City ordinance with a decision that is neither deep nor wide, but that incrementally advances [the] Second Amendment.”

We rely on our readers to send us links for our round-up. If you have or know of a recent (published in the last two or three days) article, post, podcast, or op-ed relating to the Supreme Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com. Thank you!

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Wednesday round-up

Wednesday round-upBriefly: Tucker Higgins of CNBC covers Monday’s request (in June Medical Services, LLC v. Gee) by two doctors and an abortion clinic to prevent a Louisiana abortion law from going into effect as they pursue their case at the Supreme Court; the state’s response is due tomorrow. At The Economist’s Democracy in America blog, Steven […]

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Wednesday round-up

Briefly:

  • Tucker Higgins of CNBC covers Monday’s request (in June Medical Services, LLC v. Gee) by two doctors and an abortion clinic to prevent a Louisiana abortion law from going into effect as they pursue their case at the Supreme Court; the state’s response is due tomorrow.
  • At The Economist’s Democracy in America blog, Steven Mazie looks at New York State Rifle & Pistol Association Inc. v. City of New York, in which the court will decide whether the city’s handgun restrictions are consistent with the Constitution; he writes that the “somewhat weakly justified transport law may be the new conservative majority’s key to expanding” the right to bear arms under District of Columbia v. Heller.
  • At Greenwire (subscription required), Ellen Gilmer reports that Solicitor General Noel Francisco on Monday filed a brief urging the Supreme Court to deny review in a challenge to the Environmental Protection Agency’s involvement during the Obama administration in a local agency’s effort at road-building in Michigan’s Upper Peninsula.
  • At SCOTUS OA, Tonja Jacobi and Matthew Sag analyze the recent oral argument and predict a win for the challengers in Tennessee Wine & Spirits Retailers Association v. Blair, in which the court will decide whether the 21st Amendment allows states to impose a residency requirement on applicants for liquor licenses.
  • In conjunction with yesterday’s hearing in the House Judiciary Committee concerning a possible code of conduct for Supreme Court justices, Fix the Court published a fact sheet on Supreme Court ethics rules.

We rely on our readers to send us links for our round-up. If you have or know of a recent (published in the last two or three days) article, post, podcast, or op-ed relating to the Supreme Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com. Thank you!

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Tuesday round-up

Tuesday round-upBriefly: In the wake of the recent decision by the U.S. Court of Appeals for the 9th Circuit in Robles v. Domino’s Pizza, holding that the ADA requires businesses to make websites accessible to the disabled, NFIB urges the Supreme Court to “clarify, once and for all, whether the ADA covers digital spaces.” In The […]

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Tuesday round-up

Briefly:

  • In the wake of the recent decision by the U.S. Court of Appeals for the 9th Circuit in Robles v. Domino’s Pizza, holding that the ADA requires businesses to make websites accessible to the disabled, NFIB urges the Supreme Court to “clarify, once and for all, whether the ADA covers digital spaces.”
  • In The National Law Journal, Courtenay Brinckerhoff and Daniel Shelton look at Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., in which the court held that the sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act.
  • In an op-ed for The Hill, Sarah Turberville and Anthony Marcum criticize proposals for court packing, which, they argue, “does not address the core grievance of disenfranchisement and would instead accelerate the politicization of the Supreme Court.”
  • At Greenwire (subscription required), Ellen Gilmer remembers Ralph Lancaster, a trial lawyer who oversaw water cases in the Supreme Court, who died last week.
  • In an op-ed for Macomb (Michigan) Daily, Alan Loncar suggests that recent actions by the court’s conservative majority indicate that a “proper realignment of our constitutional moorings may be coming.”
  • At The World and Everything in It (podcast), Mary Reichard discusses the oral arguments in Merck Sharp & Dohme Corp. v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs, and Obduskey v. McCarthy & Holthus LLP, in which the justices are considering whether the Fair Debt Collection Practices Act applies to nonjudicial foreclosure proceedings.

We rely on our readers to send us links for our round-up. If you have or know of a recent (published in the last two or three days) article, post, podcast, or op-ed relating to the Supreme Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com. Thank you!

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Monday round-up

Monday round-upCommentary and coverage focus on the Supreme Court’s decision last week to review New York State Rifle & Pistol Association Inc. v. City of New York, in which the justices will consider whether New York City’s ban on transporting a licensed, locked and unloaded handgun outside city limits violates the Constitution. In an op-ed for […]

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Monday round-up

Commentary and coverage focus on the Supreme Court’s decision last week to review New York State Rifle & Pistol Association Inc. v. City of New York, in which the justices will consider whether New York City’s ban on transporting a licensed, locked and unloaded handgun outside city limits violates the Constitution. In an op-ed for Los Angeles Times, James Phillips and John Yoo argue that “[t]o ensure the equal treatment of constitutional rights, the court should establish a test fully rooted in the original understanding of the Constitution and the Bill of Rights.” Amy Davidson Sorkin of The New Yorker suggests that in this case, Justice Brett Kavanaugh may “begin building what promises to be a disastrous pro-gun legacy.” At his eponymous blog, Kenneth Jost looks at Kavanaugh’s “presumed stance” in this case and in recent cases reinstating the administration’s policy on transgender service members. In an episode of the Heritage Foundation’s SCOTUS 101 podcast, Elizabeth Slattery and John-Michael Seibler talk about the Second Amendment grant and “chat with appellate litigator extraordinaire John Bursch about the future of religious liberty and abortion at SCOTUS.”

Briefly:

  • At Education Week’s School Law Blog, Mark Walsh covers a debate at the American Enterprise Institute about a federal constitutional right to education and whether the Supreme Court’s 1973 decision in San Antonio School District v. Rodriguez, holding that there is no such fundamental constitutional right, was wrongly decided.
  • Marcia Coyle of The National Law Journal (registration or subscription required) writes that “Justice Samuel Alito Jr., perhaps the Supreme Court’s most reliable conservative, and the late Justice Thurgood Marshall, one of the court’s liberal lions, would seem to be polar opposites as judges. But as an Alito opinion this week showed, they may have found some common ground on religious freedom.”
  • For The Intercept, David Dayen looks at Tennessee Wine & Spirits Retailers Association v. Blair, in which the court will decide whether the 21st Amendment empowers states to regulate liquor sales by granting retail or wholesale licenses only to individuals or entities that have resided in-state for a specified time; if it does not, he writes, “state alcohol laws will have little or no force, making it easier for retail giants to dominate the sector and potentially roll back health and safety measures on alcohol in a drive for profit.”
  • In the Mississippi Business Journal, Ben Williams provides a “two-tiered assessment” of President Donald Trump’s judicial confirmations at the end of his first two years in office.
  • Subscript Law has a graphic explainer for Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., in which the court held that the sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act.

The post Monday round-up appeared first on SCOTUSblog.

from https://www.scotusblog.com

This week at the court

This week at the courtThe Supreme Court is between sittings. The justices will meet next for their February 15 conference. The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court’s website.

The post This week at the court appeared first on SCOTUSblog.

This week at the court

The Supreme Court is between sittings. The justices will meet next for their February 15 conference.

The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court’s website.

The post This week at the court appeared first on SCOTUSblog.

from https://www.scotusblog.com

Live blog of orders and opinions

Live blog of orders and opinionsWe’re live-blogging as the Supreme Court releases orders from the January 18 conference (at 9:30 a.m.) and opinions in one or more argued cases (at 10 a.m.). Join us.

The post Live blog of orders and opinions appeared first on SCOTUSblog.

Live blog of orders and opinions

We’re live-blogging as the Supreme Court releases orders from the January 18 conference (at 9:30 a.m.) and opinions in one or more argued cases (at 10 a.m.). Join us.

The post Live blog of orders and opinions appeared first on SCOTUSblog.

from https://www.scotusblog.com

This week at the court

This week at the courtThe Supreme Court will release orders from the January 18 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m. The justices will meet next for their February 15 conference. The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme […]

The post This week at the court appeared first on SCOTUSblog.

This week at the court

The Supreme Court will release orders from the January 18 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.

The justices will meet next for their February 15 conference.

The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court’s website.

The post This week at the court appeared first on SCOTUSblog.

from https://www.scotusblog.com

Argument transcripts

Argument transcriptsThe transcript of oral argument in Knick v. Township of Scott is available on the Supreme Court’s website; the transcript in Tennessee Wine & Spirits Retailers Association v. Blair is also available.

The post Argument transcripts appeared first on SCOTUSblog.

Argument transcripts

The transcript of oral argument in Knick v. Township of Scott is available on the Supreme Court’s website; the transcript in Tennessee Wine & Spirits Retailers Association v. Blair is also available.

The post Argument transcripts appeared first on SCOTUSblog.

from https://www.scotusblog.com