Court divides on Arkansas executions

Court divides on Arkansas executionsThe battle over efforts by Arkansas to execute eight inmates in 11 days returned to the Supreme Court this evening. Earlier this week, the justices declined to step in and overturn a stay issued by the state supreme court that resulted in a reprieve for two inmates whose cases involved issues similar to those the […]

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Court divides on Arkansas executions

The battle over efforts by Arkansas to execute eight inmates in 11 days returned to the Supreme Court this evening. Earlier this week, the justices declined to step in and overturn a stay issued by the state supreme court that resulted in a reprieve for two inmates whose cases involved issues similar to those the justices will consider next week in an Alabama capital case. But another group of inmates did not fare as well in their challenges relating to Arkansas’ death penalty protocol. The inmates needed at least five votes to block the upcoming executions, but they could only get four votes (those of Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan) in one case and three votes (Breyer, Sotomayor, and Kagan) in another.

Arkansas had hoped to carry out the executions before the end of the month, when the state’s supply of midazolam – a sedative used in the state’s lethal injection protocol – expires. One inmate, Ledell Lee, was scheduled to be executed tonight for the 1993 murder of Debra Reese, whom he robbed, strangled, and beat with a tire iron. Justice Samuel Alito, who is responsible for emergency appeals from the geographic area that includes Arkansas, issued a temporary stay to allow the U.S. Court of Appeals for the 8th Circuit and the Supreme Court to consider new filings by Lee, who argues (among other things) that he should be allowed access to DNA testing that would prove his innocence. The 8th Circuit denied relief late tonight, but the Supreme Court’s stay remained in effect as of 11:30 p.m. Eastern – approximately 90 minutes before the warrant for Lee’s execution is set to expire.

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Menu of today’s content

Menu of today’s contentHere is an overview of today’s case coverage: 10:25 a.m.: Ronald Mann analyzed yesterday’s argument in Henson v. Santander Consumer USA. 11:45 a.m.: Amy Howe previewed next Monday’s argument in McWilliams v. Dunn. 12:09 p.m.: Theresa Gabaldon analyzed yesterday’s argument in Kokesh v. Securities and Exchange Commission. 12:17 p.m.: Steve Vladeck analyzed today’s opinion in […]

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Menu of today’s content

Here is an overview of today’s case coverage:

10:25 a.m.: Ronald Mann analyzed yesterday’s argument in Henson v. Santander Consumer USA.

11:45 a.m.: Amy Howe previewed next Monday’s argument in McWilliams v. Dunn.

12:09 p.m.: Theresa Gabaldon analyzed yesterday’s argument in Kokesh v. Securities and Exchange Commission.

12:17 p.m.: Steve Vladeck analyzed today’s opinion in Manrique v. United States.

2:14 p.m.: Amy Howe analyzed today’s argument in Trinity Lutheran Church of Columbia, Inc. v. Cramer.

4:26 p.m.: Amy Howe previewed next Wednesday’s argument in Maslenjak v. United States.

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Menu of today’s content

Menu of today’s contentHere is an overview of today’s case coverage: 10:42 a.m.: Ronald Mann previewed next week’s argument in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County. 12:01 p.m.: Ronald Mann analyzed yesterday’s argument in California Public Employees’ Retirement System v. ANZ Securities, Inc. 12:51 p.m.: Howard Wasserman analyzed yesterday’s argument in Town of […]

The post Menu of today’s content appeared first on SCOTUSblog.

Menu of today’s content

Here is an overview of today’s case coverage:

10:42 a.m.: Ronald Mann previewed next week’s argument in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County.

12:01 p.m.: Ronald Mann analyzed yesterday’s argument in California Public Employees’ Retirement System v. ANZ Securities, Inc.

12:51 p.m.: Howard Wasserman analyzed yesterday’s argument in Town of Chester v. Laroe Estates, Inc.

1:26 p.m.: Howard Wasserman analyzed today’s opinion in Goodyear Tire & Rubber Co. v. Haeger.

1:40 p.m.: Ronald Mann analyzed today’s opinion in Coventry Health Care of Missouri v. Nevils.

2:37 p.m. Amy Howe reported on two briefs filed today in Trinity Lutheran Church of Columbia v. Comer, which is scheduled for argument tomorrow.

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Reminder: SCOTUSblog is hiring

Reminder: SCOTUSblog is hiringThe blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Coordinating and proofing Supreme Court filings; Paralegal tasks, including drafting simple legal documents, checking citations […]

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Reminder: SCOTUSblog is hiring

The blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to:

  • Coordinating and proofing Supreme Court filings;
  • Paralegal tasks, including drafting simple legal documents, checking citations for accuracy and formatting, and light legal research;
  • Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner;
  • Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours;
  • Assisting with case coverage; and
  • Overseeing occasional special projects.

The qualifications for this position include:

  • Excellent organizational skills and attention to detail;
  • Excellent writing and editing skills;
  • Strong interest in learning about the U.S. Supreme Court and its workings;
  • Undergraduate experience with law-related courses is a plus, though not a requirement, as is an interest in attending law school (part-time students are not eligible for this position); and
  • Ability to improvise; we occasionally need all hands on deck both during and outside of normal business hours.

This position would begin in mid-July 2017. A commitment of at least two years is required for this position. To apply, please send a cover letter, resume, transcript (either official or unofficial), and unedited writing sample (no more than five pages) to molly@goldsteinrussell.com and ahamm@scotusblog.com by April 10. Salary is competitive and commensurate with experience. This position is located in Bethesda, Maryland.

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Senate confirms Gorsuch

Senate confirms GorsuchBy a vote of 54-45, the Senate today confirmed Judge Neil Gorsuch to be the 113th justice of the U.S. Supreme Court. The confirmation ended the battle over the vacancy created by the death of Justice Antonin Scalia on February 13, 2016. Shortly after Scalia’s death, Senate Republicans vowed to block any nominee that then-President Barack […]

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Senate confirms Gorsuch

By a vote of 54-45, the Senate today confirmed Judge Neil Gorsuch to be the 113th justice of the U.S. Supreme Court. The confirmation ended the battle over the vacancy created by the death of Justice Antonin Scalia on February 13, 2016. Shortly after Scalia’s death, Senate Republicans vowed to block any nominee that then-President Barack Obama put forward, arguing that the next president – rather than Obama – should have the opportunity to appoint Scalia’s successor. Obama attempted to call the Republicans’ bluff by nominating Chief Judge Merrick Garland, a widely respected judge on the U.S. Court of Appeals for the District of Columbia Circuit, to replace Scalia, but Republicans declined to hold hearings on the Garland nomination, much less bring the nomination up for a vote. That left the door open for President Donald Trump to nominate a replacement for Scalia; his nomination of Gorsuch, a 49-year-old with sterling qualifications, is widely regarded as one of the most successful moves in the young administration.

Today’s vote came as no surprise. The only real uncertainty in the process had been whether the Democrats would be able to muster the 41 votes needed to filibuster Gorsuch’s nomination. They did, which prompted Senate Republicans to invoke the so-called “nuclear option” – a change to the Senate rules to break the filibuster and allow a vote on the nomination with a simple majority of senators. Senate Democrats had invoked the nuclear option in 2013, to confirm several Obama nominees to the lower federal courts, but they had not changed the rules for Supreme Court nominations.

The vote broke down largely on party lines. Only three Democrats voted in favor of Gorsuch: Senators Heidi Heitkamp of North Dakota, Joe Manchin of West Virginia and Joe Donnelly of Indiana. All of the Republicans present in the Senate today voted for Gorsuch; one Republican senator, Johnny Isakson of Georgia, is recovering from back surgery and did not cast a vote. All of the remaining Democrats voted against the Gorsuch nomination; they were joined by two Independents – Angus King of Maine and Bernie Sanders of Vermont.

The Supreme Court is currently in recess. The justices will meet for their private conference next Thursday, April 13, and they will return to the bench on Monday, April 17, for arguments. It now appears that Gorsuch will join them: a press release from the Supreme Court’s Public Information Office reports that Gorsuch will be sworn in on Monday in two separate ceremonies – a private ceremony at the court and a public ceremony at the White House. Chief Justice John Roberts will preside over the ceremony at the court, and Justice Anthony Kennedy (for whom Gorsuch once clerked) will administer the oath at the White House.

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This week’s oral argument audio and transcripts now available on Oyez

This week’s oral argument audio and transcripts now available on OyezOyez has posted audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Advocate Health Care Network v. Stapleton TC Heartland LLC v. Kraft Foods Group Brands LLC Lee v. United States Turner v. United States Honeycutt v. United States

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This week’s oral argument audio and transcripts now available on Oyez

Oyez has posted audio and transcripts from this week’s oral arguments at the Supreme Court.

The court heard argument this week in:

The post This week’s oral argument audio and transcripts now available on Oyez appeared first on SCOTUSblog.

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SCOTUSblog is hiring (Updated)

SCOTUSblog is hiring (Updated)The blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Coordinating and proofing Supreme Court filings; Paralegal tasks, including drafting simple legal documents, checking citations […]

The post SCOTUSblog is hiring (Updated) appeared first on SCOTUSblog.

SCOTUSblog is hiring (Updated)

The blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to:

  • Coordinating and proofing Supreme Court filings;
  • Paralegal tasks, including drafting simple legal documents, checking citations for accuracy and formatting, and light legal research;
  • Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner;
  • Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours;
  • Assisting with case coverage; and
  • Overseeing occasional special projects.

The qualifications for this position include:

  • Excellent organizational skills and attention to detail;
  • Excellent writing and editing skills;
  • Strong interest in learning about the U.S. Supreme Court and its workings;
  • Undergraduate experience with law-related courses is a plus, though not a requirement, as is an interest in attending law school (part-time students are not eligible for this position); and
  • Ability to improvise; we occasionally need all hands on deck both during and outside of normal business hours.

This position would begin in mid-July 2017. A commitment of at least two years is required for this position. To apply, please send a cover letter, resume, transcript (either official or unofficial), and unedited writing sample (no more than five pages) to molly@goldsteinrussell.com and ahamm@scotusblog.com by April 10. Salary is competitive and commensurate with experience. This position is located in Bethesda, Maryland.

The post SCOTUSblog is hiring (Updated) appeared first on SCOTUSblog.

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Today’s orders – Two grants, one CVSG, still no Masterpiece Cakeshop

Today’s orders – Two grants, one CVSG, still no <em>Masterpiece Cakeshop</em>This morning the justices issued orders from last week’s private conference. They added two new cases to their merits docket for next term and asked the Acting Solicitor General to file a brief expressing the views of the United States in a third case. But, once again, they did not act on Masterpiece Cake Shop […]

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Today’s orders – Two grants, one CVSG, still no <em>Masterpiece Cakeshop</em>

This morning the justices issued orders from last week’s private conference. They added two new cases to their merits docket for next term and asked the Acting Solicitor General to file a brief expressing the views of the United States in a third case. But, once again, they did not act on Masterpiece Cake Shop v. Colorado Civil Rights Commission, a case filed by a Colorado man with religious objections to creating a cake for a same-sex wedding celebration.

The two grants came in cases involving bankruptcy and securities law. In US Bank National Association v. Village of Lakeridge, the justices agreed to weigh in on just one of the three questions presented by the petition: What standard of review should courts use to determine whether someone is an “insider” for purposes of the Bankruptcy Code – de novo or “clearly erroneous”? The question matters because insiders are often treated differently under the code, including when it comes to confirming a Chapter 11 reorganization plan over the objection of a secured creditor. Last year the court had asked the federal government to file a brief expressing the views of the United States on the questions presented in the case; the United States had recommended that review be denied, but today the justices nonetheless granted certiorari.

In Leidos, Inc. v. Indiana Public Retirement System, the justices will consider the intersection of the laws and regulations that govern securities fraud with a Securities and Exchange Commission regulation, Item 303 of Regulation S-K, that requires companies to disclose (among other things) “any known trends or any known demands, commitments, events or uncertainties that will result in or that are reasonably likely to result in the registrant’s liquidity increasing or decreasing in any material way.” The question now before the court is whether Item 303 creates a duty to disclose that would allow shareholders to file a lawsuit under Section 10(b) of the Securities and Exchange Act. Leidos, which was the defendant in the lower court, argues that Section 10(b) and its accompanying regulation, Rule 10b-5, do not establish an affirmative duty to disclose all material information, but instead only require the disclosure of information necessary to ensure that statements are not misleading.

And in Snyder v. Doe, the justices asked the federal government to file a brief expressing the views of the United States on whether the application of various provisions of the sex-offender-registry laws to individuals who were convicted before the laws were enacted violates the U.S. Constitution’s ban on retroactive punishment. There is no deadline for the federal government to file its brief, although it is likely to do so by fall.

In Masterpiece Cakeshop, the petition for review filed by Jack Phillips, a Colorado man who describes himself as a “cake artist” and owns a custom-cake business with his wife, has now been relisted four times. Phillips and his business argue that Colorado’s public accommodations law violates the First Amendment by mandating that Phillips create custom wedding cakes for same-sex weddings, thereby violating his sincerely held religious beliefs. There is no way to know why the justices once again put off acting on the bakery’s request. Although there is some speculation that the justices may be waiting for a ninth justice to join the court, it is worth noting that the court declined to review a similar decision by the New Mexico Supreme Court, involving a photography studio’s refusal to photograph a same-sex commitment ceremony, nearly three years ago. Another, and perhaps more likely, possibility is that one or more justices are drafting a dissent from the court’s decision to deny review in the case. The case will be up for consideration again at this Friday’s conference, so the justices could act on it as soon as Monday morning of next week.

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from http://www.scotusblog.com

SCOTUSblog is hiring (Updated)

SCOTUSblog is hiring (Updated)The blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Coordinating and proofing Supreme Court filings; Paralegal tasks, including drafting simple legal documents, checking citations […]

The post SCOTUSblog is hiring (Updated) appeared first on SCOTUSblog.

SCOTUSblog is hiring (Updated)

The blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to:

  • Coordinating and proofing Supreme Court filings;
  • Paralegal tasks, including drafting simple legal documents, checking citations for accuracy and formatting, and light legal research;
  • Administrative work for the firm and in particular for Tom Goldstein, the firm’s managing partner;
  • Scheduling travel, which may entail making frequent last-minute changes and arrangements, sometimes during off hours;
  • Assisting with case coverage; and
  • Overseeing occasional special projects.

The qualifications for this position include:

  • Excellent organizational skills and attention to detail;
  • Excellent writing and editing skills;
  • Strong interest in learning about the U.S. Supreme Court and its workings;
  • Undergraduate experience with law-related courses is a plus, though not a requirement, as is an interest in attending law school (part-time students are not eligible for this position); and
  • Ability to improvise; we occasionally need all hands on deck both during and outside of normal business hours.

This position would begin in mid-July 2017. A commitment of at least two years is required for this position. To apply, please send a cover letter, resume, transcript (either official or unofficial), and unedited writing sample (no more than five pages) to molly@goldsteinrussell.com and ahamm@scotusblog.com by April 10. Salary is competitive and commensurate with experience. This position is located in Bethesda, Maryland.

The post SCOTUSblog is hiring (Updated) appeared first on SCOTUSblog.

from http://www.scotusblog.com

This week’s oral argument audio and transcripts now available on Oyez

This week’s oral argument audio and transcripts now available on OyezOyez has posted audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Murr v. Wisconsin Howell v. Howell Microsoft Corp. v. Baker Impression Products, Inc. v. Lexmark International, Inc. County of Los Angeles v. Mendez Water Splash, Inc. v. Menon

The post This week’s oral argument audio and transcripts now available on Oyez appeared first on SCOTUSblog.

This week’s oral argument audio and transcripts now available on Oyez

Oyez has posted audio and transcripts from this week’s oral arguments at the Supreme Court.

The court heard argument this week in:

The post This week’s oral argument audio and transcripts now available on Oyez appeared first on SCOTUSblog.

from http://www.scotusblog.com