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Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots. Amy Howe previewed the cases for this blog, in a post that first appea...
Tags: New York, Supreme Court, Law, Congress, Colorado, Washington Post, Washington, Bloomberg, United States, House, New York Times, Manhattan, Fox News, Michigan, Npr, Oklahoma


Monday round-up

This morning the justices will begin the last week of oral arguments for October Term 2019 with telephonic arguments in two cases. The first is McGirt v. Oklahoma, which asks whether Oklahoma had jurisdiction to prosecute a crime committed by a member of the Seminole Tribe within the historical boundaries of the Creek Indian reservation in eastern Oklahoma. Ronald Mann previewed the case for this blog. Philip Duggan and Robert Reese Oñate have a preview at Cornell Law School’s Legal Information ...
Tags: Supreme Court, Law, Washington Post, Los Angeles, Bloomberg, Cnn, United States, New Jersey, Oklahoma, Usa Today, Donald Trump, Los Angeles Times, Cornell, Trump, Round-up, Reuters


Thursday round-up

Amy Howe analyzes yesterday’s argument in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate, for this blog, in a post that first appeared at Howe on the Court. At Fox News, Bill Mears and Ronn Blitzer report that “[a]t issue before the court Wednesday were challenges to Trump administration rules making it easier for some for-profit companies and religio...
Tags: Supreme Court, Law, Politico, Court, Nbc News, America, Georgia, Bloomberg, Cnn, Pennsylvania, Fox News, Epa, Npr, Vox, Donald Trump, Ruth Bader Ginsburg


Supreme Court refuses to lift Pennsylvania governor’s shutdown order

By Greg Stohr, Bloomberg The U.S. Supreme Court refused to lift Pennsylvania’s shutdown order, rejecting a request from businesses and a political campaign that said their constitutional rights were being violated. Pennsylvania Gov. Tom Wolf, a Democrat, ordered all non-life-sustaining businesses closed in March to stem the spread of the coronavirus. The state has since begun easing the restrictions. The challengers included a golf course, laundromat, timber company, real-estate agent and politi...
Tags: Business, News, Supreme Court, Sport, Soccer, Pennsylvania, Missouri, Hawaii, Donald Trump, Pennsylvania Supreme Court, Greg Stohr, Ginsburg, Tom Wolf, South and Midwest, National News, Bloomberg The U S Supreme Court


Tuesday round-up

On this second day of this unusual May session, the justices will hear – literally, only hear – oral argument in USAID v. Alliance for Open Society International, a First Amendment challenge to the enforcement against overseas groups of a requirement that recipients of federal funds to fight HIV/AIDS abroad have a policy opposing prostitution and sex trafficking. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Kayla Anderson and Prachee Sawant preview the case for Co...
Tags: Usa, Texas, Supreme Court, Law, Washington Post, Bloomberg, Pennsylvania, New Orleans, Fox News, Npr, Louisiana, Usaid, Irs, Round-up, Thomas, Peter


Wednesday round-up

At AP, Jessica Gresko and Mark Sherman report that, as the Supreme Court prepares to hold arguments by telephone “for the first time in its 230-year history,” attorneys say “the teleconference arguments in 10 cases over six days present a range of challenges … , but also opportunities.” Greg Stohr reports at Bloomberg that “[t]he court said Tuesday it will deviate from its usual questioning practice, which at times resembles a free-for-all, and go in order of seniority when the court convenes Mo...
Tags: New York, Supreme Court, Law, Court, Bloomberg, Ap, Donald Trump, Round-up, Mark Sherman, Howe, Greg Stohr, JESSICA GRESKO, Amy Howe, Jay Schweikert, New York State Rifle Pistol Association Inc, Mother Jones Ross Choma


Tuesday round-up

Yesterday the court released three opinions. By a vote of 6-3, the court dismissed as moot a Second Amendment challenge to New York City’s now-repealed limits on transporting personal firearms, in New York State Rifle & Pistol Association Inc. v. City of New York, New York. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Education Week’s School Law Blog, Mark Walsh reports that the decision “sidestepped a potentially major ruling on gun rights ...
Tags: Supreme Court, Law, Obamacare, Congress, Oregon, New York City, Court, Georgia, Bloomberg, Pennsylvania, United States, House, Npr, Louisiana, Usa Today, Wall Street Journal


SCOTUS to hear Trump tax and financial records cases on May 12, remotely

• In a first, by teleconference • Court will provide live audio feed of arguments to news media Today the United States Supreme Court announced that on May 12, it will hear a dispute over whether Trump's tax and financial records should be publicly disclosed. NEW: Supreme Court releases argument schedule for special May telephone session. Trump financial-records cases to be heard May 12. pic.twitter.com/kfovzkPCyU — Greg Stohr (@GregStohr) April 15, 2020 This is also its first ever ro...
Tags: Post, Politics, Crime, News, Justice, Supreme Court, Scotus, California, Catholic, Donald Trump, Trump, Reuters, U S Supreme Court, Lawrence Hurley, Greg Stohr, Jennifer Jacobs


Tuesday round-up

The Supreme Court announced yesterday that it will hear 10 hours of oral argument via teleconference in previously postponed cases between May 4 and May 13, with specific dates to be announced. At this blog, in a post that was first published at Howe on the Court, Amy Howe reports that “the court will provide live-audio access to the media – and that media access will be pooled – for both reporting and live-streaming purposes,” meaning that “live audio of the arguments will be available to the p...
Tags: Texas, Supreme Court, Law, Obamacare, New York City, Court, Bloomberg, Cnn, Wisconsin, Kansas, Npr, Donald Trump, Department Of Homeland Security, Republican National Committee, Trump, Round-up


Monday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that on Saturday, “Planned Parenthood asked the justices to vacate a ruling by a federal appeals court and to allow ‘medication abortions’ – that is, abortions induced by taking two pills by mouth – to go forward while it challenges a near-total ban on abortions in Texas” imposed as a result of the coronavirus pandemic. At The Hill, John Kruzel and Marty Johnson report that “[a]t the moment, Texas women are prohi...
Tags: Texas, Supreme Court, Law, California, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, Wisconsin, Republican National Committee, Round-up, Robert Barnes, Howe


Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday “the Supreme Court granted the Trump administration’s application for permission to enforce the Migrant Protection Protocols, colloquially known as the ‘remain in Mexico’ policy, while it appeals to the Supreme Court.” At Bloomberg, Greg Stohr reports that “[t]he justices, over a dissent by Justice Sonia Sotomayor, blocked a federal appeals court decision that would have let future asylum seekers s...
Tags: Supreme Court, Law, California, Mexico, Court, Bloomberg, Arizona, Cftc, Louisiana, Commodity Futures Trading Commission, Vox, Department Of Homeland Security, Trump, Round-up, Sonia Sotomayor, The Supreme Court


Supreme Court Lets Trump Make Asylum-Seekers Stay in Mexico

(Bloomberg) -- The U.S. Supreme Court backed the Trump administration on a key border policy, letting the government keep enforcing a rule that has forced 60,000 people to wait in Mexico while they seek asylum.The justices, over a dissent by Justice Sonia Sotomayor, blocked a federal appeals court decision that would have let future asylum seekers stay in the U.S. temporarily while their applications are being processed. The appeals court ruling, which would have applied to new applicants in Cal...
Tags: News, Supreme Court, California, Washington, Mexico, Bloomberg, Aclu, New York Times, Arizona, Donald Trump, Trump, Wolf, Sonia Sotomayor, American Civil Liberties Union, The Supreme Court, Greg Stohr


Friday round-up

The dust continues to settle from Wednesday’s argument in June Medical Services v. Russo, a challenge to a Louisiana law regulating abortion in which the state contends that abortion providers do not have a legal right to sue on behalf of their patients. At The Daily Signal, Elizabeth Slattery argues that “[t]he court should make clear that abortion providers have to follow the same legal rules as all other litigants[:] Women can speak for themselves, and, perhaps, the fact that no woman joined ...
Tags: Supreme Court, Law, Washington Post, Washington, Senate, Court, Alabama, Bloomberg, Philadelphia, University of Pennsylvania, Louisiana, University Of Virginia, Vox, Abc News, Round-up, U S Supreme Court


Chief Justice Chastises Schumer for ‘Threatening’ Statements

(Bloomberg) -- U.S. Chief Justice John Roberts delivered an extraordinary rebuke of Senate Democratic leader Chuck Schumer, chastising him for making “threatening” statements about two justices during an abortion-rights rally outside the court.Schumer earlier Wednesday said Justices Neil Gorsuch and Brett Kavanaugh “will pay the price” if they sided against abortion access. The senator’s remarks came as the court heard arguments in an abortion case for the first time in four years.“Justices know...
Tags: Texas, News, Supreme Court, Obama, Washington, Senate, Bloomberg, United States, Louisiana, Ruth Bader Ginsburg, Trump, Democratic, Sonia Sotomayor, John Roberts, Donald Trump Trump, Roberts


Wednesday round-up

Greg Stohr reports at Bloomberg that “[t]he Consumer Financial Protection Bureau’s independence, designed by a Democratic-controlled Congress to insulate the agency from political pressure, now risks being its downfall,” as the court gets ready to hear argument in a constitutional challenge to the structure of the bureau, Seila Law v. CFPB. At Reuters’ On the Case blog (via How Appealing), Alison Frankel writes that “the CFPB has found an unlikely champion” in the case”: “The Trump administratio...
Tags: Google, Supreme Court, Law, Congress, Bloomberg, Louisiana, Usa Today, Smith, Justice Department, Forest Service, Round-up, Reuters, Antonin Scalia, New Republic, U S Supreme Court, Alison Frankel


Religious-School Aid Divides U.S. Supreme Court Justices

(Bloomberg) -- U.S. Supreme Court justices signaled a sharp divide in a Montana case that could make it easier to funnel public money to religious schools and other faith-based organizations.With Chief Justice John Roberts in his customary center seat, the court heard arguments a mere eight hours after he finished presiding over the first day of President Donald Trump’s Senate impeachment trial. The trial resumes Wednesday at 1 p.m.The Montana Supreme Court struck down a taxpayer-funded scholars...
Tags: News, Supreme Court, Montana, Washington, Senate, Bloomberg, Catholic, Donald Trump, Sonia Sotomayor, John Roberts, Roberts, Greg Stohr, Sotomayor, Stephen Breyer, Breyer, Montana Department of Revenue


Obamacare Backers Lose Supreme Court Bid for a Hearing This Term

(Bloomberg) -- The U.S. Supreme Court signaled it won’t take up appeals defending Obamacare during the term that ends in June, rejecting requests by Democratic-led states and the House to put the case on a fast track.The appeals, filed separately by the House and a California-led group of 20 states plus the District of Columbia, urge the court to issue a definitive ruling upholding Obamacare. A federal appeals court decision last month found a key piece of the original 2010 law unconstitutional ...
Tags: Texas, News, Supreme Court, Obamacare, Congress, California, Washington, Bloomberg, Gop, House, New Orleans, District Of Columbia, Donald Trump, Medicaid, Trump, John Roberts


Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Shular v. United States, which asks whether what constitutes a “serious drug offense” under the Armed Career Criminal Act should be determined under the same approach used to determine whether an offense is a “violent felony” under the ACCA. Leah Litman previewed the case for this blog. Julia Canzoneri and Kayla Anderson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second case is GE E...
Tags: Usa, Supreme Court, Law, Montana, Court, Bloomberg, Cnn, Chicago, United States, New York Times, Ada, Cornell, Trump, Round-up, Kelly, Capitol


Tuesday round-up

This morning the justices will hear two oral arguments. The first case on the agenda is Kelly v. United States, which stems from the “Bridgegate” controversy in New Jersey and involves the extent to which federal fraud statutes cover the politically motivated acts of public officials. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Thomas Shannan and Joseph Grosser have a preview at Cornell Law School’s Legal Information Institute. Mariam Morshedi p...
Tags: Supreme Court, Law, Montana, Massachusetts, Court, Bloomberg, Atlantic, United States, New Hampshire, New Jersey, Arizona, Davis, Npr, Christian, Ivory Coast, Trump


Trump Administration Asks Supreme Court to Back Louisiana Abortion Curbs

(Bloomberg) -- President Donald Trump’s administration urged the U.S. Supreme Court to uphold a Louisiana law that requires doctors who perform abortions to get admitting privileges at a local hospital.Taking a stand in a case set for argument March 4, U.S. Solicitor General Noel Francisco said the court might need to overrule a 2016 ruling that struck down a similar Texas law.Opponents say the law would leave Louisiana with only one clinic, in New Orleans, and just one abortion doctor to serve ...
Tags: Texas, News, Supreme Court, Congress, Washington, Bloomberg, New Orleans, Louisiana, Donald Trump, Francisco, Trump, U S Supreme Court, Greg Stohr, Shreveport, June Medical Services, Noel Francisco


U.S. Taking Democracy for Granted, Chief Justice Roberts Says

(Bloomberg) -- The U.S. has “come to take democracy for granted,” Chief Justice John Roberts said, urging his fellow judges to keep educating the public about the workings of the federal government and the Constitution.Roberts, who is slated to oversee the Senate‘s impeachment trial of President Donald Trump in the coming weeks, used his year-end report Tuesday to laud the federal judiciary’s work on civic education, while issuing a thinly veiled warning about the fragility of American democracy...
Tags: New York, News, Supreme Court, Congress, Washington, Senate, Bloomberg, Donald Trump, George W Bush, Jay, Trump, John Roberts, Alexander Hamilton, Roberts, Greg Stohr, James Madison


Monday round-up

At Bloomberg, Greg Stohr reports that Chief Justice John Roberts “will now face the challenge of trying to bring … judicial independence – and a modicum of decorum – into the political maelstrom of a Senate impeachment trial.” Lawrence Hurley reports for Reuters that “it is in his day job on the Supreme Court that the mild-mannered jurist could have a bigger impact on Trump’s presidency.” Another look at Roberts’ dual roles in the new year comes from Darren Samuelson at Politico (via How Appeali...
Tags: Supreme Court, Law, Senate, Bloomberg, Citizens United, Hobbs, Louisiana, Roe V Wade, Black Lives Matter, DOE, Trump, Round-up, Reuters, U S Supreme Court, John Roberts, Lawrence Hurley


Impeachment Maelstrom Pulls Chief Justice Into Politics He Shuns

(Bloomberg) -- As a presidential impeachment trial loomed in 1999, John Roberts thought about William Rehnquist, the U.S. chief justice who was set to preside.“If anybody can do it, I’m sure the current chief will,” Roberts said of Rehnquist, who had written a book about impeachment. Roberts, now chief justice himself, was then a lawyer in private practice and spoke in a Bloomberg News interview.Two decades later, the same words could apply to Roberts, who has tried to carve out a nonpartisan ro...
Tags: New York, News, Supreme Court, Obama, Congress, Washington, Kentucky, Senate, Barack Obama, Bloomberg, Gop, Bill Clinton, Mitch McConnell, Donald Trump, George W Bush, Clinton


Supreme Court Refuses to Revive City’s Outdoor-Sleeping Ban

(Bloomberg) -- The U.S. Supreme Court let stand a ruling that said homeless people have a constitutional right to sleep on public property outdoors if no other shelter is available to them.The justices without comment on Monday turned away an appeal by Boise, Idaho, which said the federal appeals court ruling would leave cities “powerless” to address residents’ health and safety concerns.The San Francisco-based 9th U.S. Circuit Court of Appeals said Boise would be violating the constitutional ba...
Tags: News, Supreme Court, Washington, Los Angeles, San Francisco, Martin, Boise, 9th Circuit, Greg Stohr, BOISE Idaho, 9th U S Circuit Court of Appeals, Bloomberg The U S Supreme Court, Joe Sobczyk, Laurie Asséo Ros KrasnyFor, Supreme Court Refuses to Revive City


Trump Gets High Court Review on Financial Records Subpoenas

(Bloomberg) -- The U.S. Supreme Court agreed to consider President Donald Trump’s bid to keep his financial and tax records secret, setting up a major constitutional and political showdown in the middle of next year’s election campaign.The justices said Friday they will hear three appeals from Trump that challenge subpoenas from Congress and a New York grand jury and raise sweeping questions about investigations into alleged misconduct by the president. Trump is asking the court to sharply limit...
Tags: New York, News, Supreme Court, Congress, Washington, Senate, House, Bill Clinton, Jimmy Carter, Manhattan, Deutsche Bank, Fifth Avenue, Donald Trump, Justice Department, Trump, Nixon


Monday round-up

On Friday, the justices added four cases to their merits docket for the term, for a total of three hours of oral argument. Amy Howe covers the order list for this blog, in post that first appeared at Howe on the Court. At Bloomberg, Greg Stohr and Susan Decker report that the court “will hear an appeal from … Google in a multibillion-dollar clash that’s divided Silicon Valley, agreeing to decide whether the company improperly used copyrighted programming code owned by Oracle in the Android opera...
Tags: Google, Supreme Court, Law, Washington Post, Court, Bloomberg, Silicon Valley, Donald Trump, Kevin Johnson, Department Of Homeland Security, University Of California, Trump, Round-up, Robert Barnes, Howe, Greg Stohr


Monday round-up

This morning the Supreme Court will kick off its November sitting with oral arguments in two cases. First up is Barton v. Barr, which asks whether a green-card holder who is not seeking admission to the U.S. can be “rendered inadmissible” so as to stop the clock on accumulating a long enough period of continuous residence to be eligible for relief from deportation. Jayesh Rathod had this blog’s preview. Prachee Sawant and Robert Reese Oñate preview the case for Cornell Law School’s Legal Informa...
Tags: Supreme Court, Law, Washington Post, Bloomberg, Alaska, Kansas, Nebraska, SEC, John, The Washington Post, Border Patrol, Securities And Exchange Commission, Round-up, U S Supreme Court, Robert Barnes, Liu


Friday round-up

Briefly: Greg Stohr reports at Bloomberg that County of Maui, Hawaii v. Hawaii Wildlife Fund, which asks whether the Clean Water Act covers pollution that moves through groundwater before reaching a federal waterway, “could impose major limits on the [statute], giving mines and coal-fired power plants what environmental advocates say would be a new license to pollute.” [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus ...
Tags: Supreme Court, Law, Bloomberg, Sharp, Kansas, Department Of Homeland Security, University Of California, ABA Journal, Round-up, Murphy, Stephens, Equal Employment Opportunity Commission, Greg Stohr, Maui Hawaii, Glover, Regents


Thursday round-up

For The Washington Post (subscription required), Robert Barnes reports that in a public appearance yesterday at Georgetown Law with the Clintons, “Justice Ruth Bader Ginsburg said she knew there was concern about President Bill Clinton nominating a 60-year-old to the Supreme Court when he picked her in 1993”; “’If you worried about my age, it was unnecessary,’” she continued. At ABC News (via How Appealing), Devin Dwyer reports that Bill Clinton “revealed … that he openly discussed the issue of ...
Tags: Supreme Court, Law, Washington Post, Bloomberg, Cnn, Hillary Clinton, Bill Clinton, North Carolina, Abc News, Ruth Bader Ginsburg, Trump, Round-up, U S Supreme Court, John Roberts, Freddie Mac, Robert Barnes


Monday round-up

At , Tucker Higgins reports that Janet Napolitano, secretary of the Department of Homeland Security under President Barack Obama and now president of the University of California system, “will head to war against President Donald Trump in a blockbuster fight at the Supreme Court,” in Department of Homeland Security v. Regents of the University of California, a challenge to the government’s decision to terminate the DACA program, which allowed immigrants brought to this country illegally as chil...
Tags: Supreme Court, Law, California, Barack Obama, Bloomberg, New York Times, Donald Trump, Department Of Homeland Security, University Of California, Trump, Round-up, U S Supreme Court, Stephens, Equal Employment Opportunity Commission, Jess Bravin, Greg Stohr