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Democrats urge justices to stay out of Wisconsin primary dispute

One day after Wisconsin Republicans asked the Supreme Court to block a lower-court ruling that extended the deadline for voters to submit absentee ballots in the state’s primary election, Wisconsin Democrats urged the justices to stay out of the dispute and allow that ruling to stay in place for now. Blocking the district court’s order, they warned, “could exacerbate the unfolding COVID-19 public health disaster.” The dispute now before the justices began last month, when some of the plaintiff...
Tags: Featured, Supreme Court, Law, Wisconsin, States, Conley, Howe, U S Court of Appeals, 7th Circuit, League of Women Voters, U S District Judge, What's Happening Now, William Conley, Wisconsin Republicans, Emergency appeals and applications


Relist Watch: Life during wartime

John Elwood briefly reviews Monday’s relists. I realized the quarantine had been dragging on a long time when a car passed me on the street and I saw that the new Virginia license plate motto is, “Wow. It’s been a long week .” Henceforth, it is also the official motto of Relist Watch. With so much going on in the world right now, the relists are having a hard time keeping up. The justices gave just one of last week’s relists the nod, and unsurprisingly, it was the one in which the gove...
Tags: Texas, Featured, Law, California, Washington, Virginia, United States, Davis, King, South Carolina, Department Of Education, James King, Robinson, EEOC, Equal Employment Opportunity Commission, Cannon


Justices grant one new petition

This morning the Supreme Court continued its virtual operations, releasing orders from the justices’ private conference last week. Following the Centers for Disease Control and Prevention’s guidelines for COVID-19, and in a departure from tradition, only Chief Justice John Roberts was in the justices’ conference room again last week, with the rest of the justices participating remotely by telephone. The justices added only one new case to their merits docket for next term. They did not act on t...
Tags: Featured, Supreme Court, Law, California, Oregon, Fbi, United States, Michigan, Johnson, King, South Carolina, James King, Sonia Sotomayor, John Roberts, Patrick, Howe


Relist Watch: 100 years of solitude

John Elwood briefly reviews Monday’s relists. Wow. It’s been a long week . As if the coronavirus weren’t enough all on its own, there’s fresh news of other disasters . By which I mean parents everywhere realizing their wish they could spend more time with their families might actually be coming true . My forecast last week that “we’ll be seeing opinions in some of th[e relisted cases] soon” turned out to be correct. The Supreme Court summarily reversed in Davis v. United State...
Tags: Texas, Featured, Supreme Court, Law, California, Washington, Mexico, Fbi, United States, Davis, Michigan, Avery, King, Justice Department, James King, 9th Circuit


United States: First Circuit Finds No Discrimination Or Retaliation In Harvard's Tenure Decision - Ogletree, Deakins, Nash, Smoak & Stewart

In Theidon v. Harvard University, No. 18-1279 (January 31, 2020), the U.S. Court of Appeals for the First Circuit affirmed
Tags: News, Harvard, United States, Harvard University, Stewart, First Circuit, U S Court of Appeals, Ogletree Deakins Nash Smoak, Theidon


Opinion analysis: Court sides with immigrants on availability of judicial review of removal orders

Today, the Supreme Court issued its decision in the consolidated cases of Guerrero-Lasprilla v. Barr and Ovalles v. Barr. The court ruled in favor of the noncitizens who were challenging the U.S. Court of Appeals for the 5th Circuit’s denial of their motions to reopen their removal cases. The 5th Circuit had said it lacked the ability to review their cases. With the court’s decision, Pedro Pablo Guerrero-Lasprilla and Ruben Ovalles will now be able to continue their legal efforts to come back in...
Tags: Featured, Supreme Court, Law, Congress, United States, Bia, Thomas, John Roberts, Alito, U S Court of Appeals, Stephen Breyer, Breyer, Samuel Alito, Barr, 5th Circuit, Board of Immigration Appeals


No new grants, but a rebuke for the 5th Circuit

Last Friday, the justices had their regularly scheduled private conference. According to the court’s Public Information Office, the meeting was a departure from their normal format: Following Center for Disease Control guidelines to combat the spread of the coronavirus, only Chief Justice John Roberts was actually in the justices’ conference room, with the rest of the justices joining the meeting by phone. Today the justices issued orders from that conference, but they did not add any new cas...
Tags: Featured, Supreme Court, Law, Davis, Charles Davis, John Roberts, Howe, Fifth Circuit, U S Court of Appeals, 5th Circuit, Cases in the Pipeline, Public Information Office, Brett Kavanaugh, Edwin Avery, Following Center for Disease Control


Opinion analysis: Court sends race-discrimination case back to lower courts, requires plaintiff to meet higher bar

This morning the Supreme Court issued its opinion in an important race-discrimination case. The justices unanimously ruled that a lawsuit brought under 42 U.S.C. § 1981, a part of the Civil Rights Act that prohibits racial discrimination in contracts, requires the plaintiff to show “but for” causation – that is, that the defendant would have made a different contracting decision were it not for the plaintiff’s race. The decision was a significant victory not only for Comcast, the defendant in...
Tags: Featured, Supreme Court, Law, Congress, California, Comcast, Ruth Bader Ginsburg, Allen, Howe, Ginsburg, U S Court of Appeals, Byron Allen, ESN, Gorsuch, Merits Cases, Neil Gorsuch


Donald Trump Violated First Amendment by Blocking Critics on Twitter, Appeals Court Affirms

The U.S. Court of Appeals for the 2nd Circuit denied the White House’s request for en banc review of a ruling that Donald Trump violated the First Amendment by blocking critics of the president on Twitter. The Trump administration had appealed for a review of the unanimous three-judge ruling by the 2nd Circuit in July […]
Tags: Twitter, News, White House, Donald Trump, U S Court of Appeals, 2nd Circuit, Twitter Appeals Court, Twitter The Trump


Relist Watch in the Time of Cholera

John Elwood briefly reviews Monday’s relists This week’s installment of Relist Watch will be unlike any one you’ve ever read. Most of them read like they were written by some unshaven lout in his basement wearing sweatpants. By contrast, this one actually was written by an unshaven lout in his basement wearing sweatpants. So while this post may be bad as ever, at least it’s authentic . Practically nothing has happened since our last installment . This week, the Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, California, Washington, United States, Davis, Avery, Paul Clement, HARRIS, EEOC, Equal Employment Opportunity Commission, Cannon, Strickland, U S Court of Appeals


Argument preview: Is “Booking.com” generic for online hotel reservation services?

U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registered and unregistered marks. The law bars trademark protection for gener...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc


Holding oral arguments during the coronavirus pandemic (Updated)

Like other government institutions, the Supreme Court is figuring out how to function during the coronavirus pandemic. So far, it has continued its normal business, while closing the Supreme Court building to public visitors. It hasn’t yet needed to do more, because the justices held their last public session on March 9, and aren’t scheduled to take the bench again until the March argument session begins on March 23. Here is how the court would ordinarily conduct its public session on Monday, Ma...
Tags: Featured, Supreme Court, Law, Washington, Senate, House, Library Of Congress, Capitol, 9th Circuit, D C Circuit, U S Court of Appeals, 4th Circuit, Everything Else, Matthew Gilmore


Ask the author: Lawyers’ law – Those who helped the Supreme Court shape the environmental law of the land

The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020). Lazarus is the Howard and Katherine Aibel Professor of Law at Harvard University, where he teaches environmental law, natural resources law, Supreme Court advocacy and torts. His previous works include “The Making of Environmental Law” (2004) and “Environmental...
Tags: Florida, Featured, Supreme Court, Law, Obama, Congress, White House, Massachusetts, Court, Book Reviews, Chicago, United States, Harvard University, Paris, Warren, Epa


Court grants government’s request to enforce “remain in Mexico” policy

Today 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. Announced in December 2018, the policy allows the Department of Homeland Security to return immigrants seeking asylum to Mexico while they wait for deportation proceedings. Justice Sonia Sotomayor was the only justice to note publicly that she would have denied the government’...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, United States, Arizona, Circuit, Department Of Justice, Department Of Homeland Security, Francisco, Trump, Sonia Sotomayor, 9th Circuit, Howe


U.S. Court of Appeals grants deadline extension for rehearing of SRE legal battle

In Washington, on March 9, the U.S. Court of Appeals for the Tenth Circuit approved requests by the U.S. Department of Justice, HollyFrontier, and CVR Energy for an extension of the deadline to file motions asking for a rehearing en banc of Renewable Fuels Association et al. v. EPA, in which the Court found EPA vastly exceeded its authority in granting compliance exemptions to three refineries from 2016 and 2018 Renewable Fuel Standard obligations. The new deadline for requesting a rehearing in...
Tags: Washington, White House, Court, America, Policy, Epa, Administration, U.S. Court of Appeals, American Petroleum Institute, U S Court of Appeals for the Tenth Circuit, Tenth Circuit, CVR Energy, U S Department of Justice HollyFrontier, Renewable Fuels Association et al


Symposium: No. The founders did not want Congress doing criminal investigations – even of Trump

Burlette Carter is a professor emerita of law at the George Washington University Law School and author of “Can a Sitting President Be Federally Prosecuted: The Founders Answer.” She filed an amicus brief in support of reversal in Trump v. Mazars. On March 31, the Supreme Court will hear oral argument in Trump v. Mazars and Trump v. Deutsche Bank. These consolidated cases involve subpoenas issued by three House of Representatives committees: the Committee on Oversight and Reform, the Permanent S...
Tags: Featured, Supreme Court, Law, Congress, House, House Of Representatives, Deutsche Bank, Nancy Pelosi, Parliament, Department Of Justice, John Adams, Donald Trump, Trump, Cohen, Michael Cohen, Congressional


DOJ must give Congress Mueller grand jury evidence, appeals court rules

An appeals court has ruled that the Justice Department has to provide Congress with some secret grand jury evidence from former Special Counsel Robert Mueller's Russia investigation.In a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of House Democrats who are suing to access redacted material from the Mueller probe into Russian interference in the 2016 election as they continue to investigate President Trump, The Washington Post reports. This upholds a lower cou...
Tags: News, Supreme Court, Congress, Washington Post, Washington, Senate, White House, Russia, Joe Biden, Ukraine, Cnn, House, Associated Press, Department Of Justice, Seattle, Doj


Symposium: Justices to tackle disputes over access to Trump financial records

During the 2016 presidential campaign, then-candidate Donald Trump famously refused to release copies of his tax returns – a departure from the practice of nearly all major-party candidates in recent decades – and he has continued to decline to do so since then. But on March 31, the Supreme Court will hear oral argument in a trio of cases arising from efforts by a New York grand jury and congressional committees to gain access to the president’s financial records. The court’s ruling could be sig...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, New York City, United States, House, House Of Representatives, Deutsche Bank, Department Of Justice, Donald Trump, Trump, Cyrus Vance, Younger


Government asks justices for permission to enforce “remain in Mexico” policy

The Trump administration returned today to the Supreme Court with a request for emergency relief. In , the administration asked the justices to allow it to enforce the Migrant Protection Protocols, also known as the “remain in Mexico” policy, which allows the Department of Homeland Security to return immigrants to Mexico while they wait for deportation proceedings. Since the “remain in Mexico” policy was announced in December 2018 to address what the government characterizes as a “dramatic spik...
Tags: Featured, Supreme Court, Law, California, Mexico, Dhs, United States, Arizona, Department Of Homeland Security, Trump, Howe, U S Court of Appeals, Elena Kagan, Emergency appeals and applications


EPA and oil state senators both try to push for RIN price caps

In Washington, Reuters reports that the Environmental Protection Agency is looking at capping RIN prices as a potential support to the oil industry who claim they have suffered from high RIN prices and therefore need small refinery waivers, which the U.S. Court of Appeals for the 10th Circuit ruled in January wasn’t being handled properly. DTN reports that Sen. James Inhofe, R-Oklahoma, has similar intentions and submitted an amendment to S. 2657 that would cap RIN prices at 10 cents, which has...
Tags: Washington, Policy, Epa, Environmental Protection Agency, RIN, Reuters, U S Court of Appeals, DTN, Sen James Inhofe R Oklahoma


United States: U.S. Supreme Court Affirms ERISA's 3-Year Statute Of Limitations Requires "Actual Knowledge" - Holland & Knight

The U.S. Supreme Court unanimously affirmed the U.S. Court of Appeals for the Ninth Circuit's holding that the Employee Retirement Income Security Act of 1974's statutory three-year limitations period requires a demonstration ...
Tags: News, United States, Holland, U S Supreme Court, U S Court of Appeals, Ninth Circuit


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the burden of persuasion in qualified immunity cases should be on the plaintiff or on the defendant, whether the due process clause is violated when the prosecution relies on material, perjured testimony to secure a conviction but did not know the testimony was perjured until after the trial, and whether the Supreme Court’s unanimous holding in Cooper v. Oklahoma clearly established that G...
Tags: Supreme Court, Law, Georgia, Indiana, Williams, Arizona, Cftc, Commodity Futures Trading Commission, Oklahoma, Miranda, Anderson, Pederson, Cooper, Schneider, Moore, Harlow


Argument analysis: Justices seek middle ground on SEC’s right to disgorgement in securities litigation

The argument yesterday in Liu v. Securities and Exchange Commission revealed a surprisingly unified bench, as the bulk of the discussion suggested sympathy for a compromise decision that would accept fully the views of neither side. The case involves the scope of relief in enforcement actions that the Securities and Exchange Commission brings in federal court (as opposed to its internal administrative proceedings). The specific problem concerns the availability of a general remedy of “disgorgeme...
Tags: Featured, Supreme Court, Law, California, SEC, Ruth Bader Ginsburg, Securities And Exchange Commission, Sonia Sotomayor, Stewart, John Roberts, 9th Circuit, Liu, Ginsburg, Alito, Wang, U S Court of Appeals


Relist Watch (Updated)

John Elwood briefly reviews Monday’s relists. Editor’s note: This post has been updated with a discussion and note of two additional new relists: Avery v. United States, 19-633, and Kelly v. White, 19-264. For the second week running, the Supremes cleared out a metric ton of relists. Because we love success stories, in discussing last week’s relists, we of course start with the grants: two cases involving the Affordable Care Act (again!), one Freedom of Information Act case (again!), and the cas...
Tags: Texas, Featured, Mississippi, Law, Washington, Alabama, Indiana, United States, Davis, Oklahoma, Johnson, Avery, White, Jones, Miller, Supremes


Relist Watch

John Elwood briefly reviews Monday’s relists. For the second week running, the Supremes cleared out a metric ton of relists. Because we love success stories, in discussing last week’s relists, we of course start with the grants: two cases involving the Affordable Care Act (again!), one Freedom of Information Act case (again!), and the case that won the lottery to replace Walker v. United States, which was dismissed earlier this year after the petitioner died. A slew of other cases are being held...
Tags: Texas, Featured, Mississippi, Law, Washington, Alabama, Indiana, United States, Davis, Oklahoma, Johnson, White, Jones, Miller, Supremes, Kelly


Argument analysis: It may be Gorsuch’s call

In Department of Homeland Security v. Thuraissigiam, the government is asking the Supreme Court to uphold a system of limited and narrow judicial review over the expedited removal procedure. In 1996, Congress created the expedited removal process, along with other bare-bones administrative procedures, that privilege speed over process. In expedited review, one front-line immigration officer can make the immediate decision to deport someone without a hearing if that the person is not a citizen an...
Tags: Featured, Supreme Court, Law, Congress, Iraq, Green, United States, Department Of Homeland Security, Ruth Bader Ginsburg, Sri Lanka, Bush, Sonia Sotomayor, John Roberts, 9th Circuit, The Supreme Court, Roberts


Argument analysis: Justices divided in challenge to CFPB structure

The Consumer Financial Protection Bureau is headed by a single director, who is appointed by the president and confirmed by the Senate to serve a five-year term. Once that director is in office, she can only be removed by the president for “inefficiency, neglect of duty, or malfeasance in office.” This morning both a California law firm under investigation by the CFPB and the CFPB itself told the Supreme Court that these restrictions on the removal of the bureau’s director are unconstitutional. ...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, House, Social Security Administration, Ruth Bader Ginsburg, Francisco, Paul Clement, Federal Trade Commission, John Roberts, SSA, 9th Circuit


Settling the important question of presidential war powers

On Feb. 13, the Senate invoked the War Powers Act to stop President Trump from taking military action against Iran without prior approval of Congress. The vote was 55 to 45, with eight Republicans joining all the Democrats. This action followed our military’s killing of Qasem Soleimani, the Iranian general commanding the Quds Force. Iran retaliated by firing missiles into United States bases in Iraq, causing traumatic brain injuries to more than a hundred American servicemen. The War Powers Act ...
Tags: Congress, California, Opinion, Washington, Senate, Iraq, America, Los Angeles, Sport, Iran, Syria, Soccer, United States, House, Republican Party, George W Bush


Argument analysis: Is judicial review of a claim under the Convention Against Torture completely barred in cases involving removal orders on certain criminal grounds?

Nidal Khalid Nasrallah seeks the United States’ protection under the Convention Against Torture. An immigration judge found that he qualified for deferral of removal under the CAT. He remained eligible for this form of relief even though that judge also found that he had committed an offense that qualified as a crime involving moral turpitude and that would have rendered him otherwise removable. The Board of Immigration Appeals agreed with the immigration judge’s finding that Nasrallah had commi...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Lebanon, Jennings, Hughes, Alito, U S Court of Appeals, Ninth Circuit, Sotomayor, Stephen Breyer, Breyer, Rodriguez