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


 

DOJ: Congress Can’t Sue If Prez Orders Treasury To Pay For Everyone’s Health Care

U.S. appellate judge Merrick Garland pushed the Justice Department to the logical extremes of its defense of President Trump by getting a DOJ lawyer to say that Congress couldn’t sue if an administration on its own decided to pay for uninsured people’s health care. The hypothetical came up in the oral arguments for two blockbuster cases in the ongoing war between Trump and the Democratic House. The cases are being argued together before the U.S. Court of Appeals for the D.C. Circuit. Garland’s q...
Tags: News, Supreme Court, Congress, White House, Gop, House, Treasury, Medicare, Doj, Justice Department, Trump, Tierney Sneed, Department, U S Court of Appeals, House Judiciary Committee, Garland


DOJ: Congress Can’t Sue If Prez Orders Treasury To Pays For Everyone’s Health Care

U.S. appellate judge Merrick Garland pushed the Justice Department to the logical extremes of its defense of President Trump by getting a DOJ lawyer to say that Congress couldn’t sue if an administration on its own decided to pay for uninsured people’s health care. The hypothetical came up in the oral arguments for two blockbuster cases in the ongoing war between Trump and the Democratic House. The cases are being argued together before the U.S. Court of Appeals for the D.C. Circuit. Garland’s q...
Tags: News, Supreme Court, Congress, White House, Gop, House, Treasury, Medicare, Doj, Justice Department, Trump, Tierney Sneed, U S Court of Appeals, House Judiciary Committee, Garland, Robert Mueller


Argument preview: Court to consider constitutionality of condition for HIV/AIDS funding – again

In 2003, Congress passed the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act, which has provided billions of dollars to fund efforts to combat HIV/AIDS overseas. Among other things, the law contains a requirement that organizations receiving funds to fight HIV/AIDS “have a policy explicitly opposing prostitution and sex trafficking.” Seven years ago, the Supreme Court ruled that such a condition violates the First Amendment when applied to nongovernmental organizations b...
Tags: Usa, New York, Featured, Supreme Court, Law, Congress, Senate, India, Court, United States, South Africa, South Dakota, Tennessee, The Supreme Court, Howe, Saharan Africa


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

Editor’s note: This post was originally published on March 16, 2020. 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 registe...
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


Opinion analysis: Court sends New York Second Amendment case back to lower courts without ruling on the merits

The Supreme Court sent a major Second Amendment case back to the lower courts today, ruling that the challenge to a New York City restriction on the transport of guns is “moot” – that is, no longer a live controversy – because the city changed the rule last year. But some of the court’s more conservative justices signaled that it might not be long before the court takes up another gun rights case. The case in which the justices ruled today was filed in 2013 by New York City residents who have li...
Tags: New York, Featured, Supreme Court, Law, New York City, Chicago, District Of Columbia, John Roberts, McDonald, The Supreme Court, Howe, Alito, U S Court of Appeals, Samuel Alito, Kavanaugh, Heller


Courtroom access: Legislative efforts to allow cameras in Supreme Court chamber

Editor’s note: On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic, and that it would make an audio feed available to the public through a media pool, providing real-time audio of oral arguments for the first time in its history. Congress has considered proposals for broadcasting Supreme Court arguments, but few have gained traction (Kal...
Tags: Featured, Supreme Court, Law, Congress, Senate, Court, House, Usa Today, Sonia Sotomayor, Congressional Research Service, Richard Wolf, Iowa Supreme Court, Mark Cady, Alito, U S Court of Appeals, Elena Kagan


Symposium: Liquidating elector discretion

Rebecca Green is professor of the practice of law and co-director of the Election Law Program at William & Mary Law School. In a 2014 case called National Labor Relations Board v. Noel Canning, the Supreme Court blessed a method of interpretation known as “liquidation” that seeks to identify settled practice as a means of understanding ambiguous constitutional text. Since then, scholars like law professor Will Baude have elaborated on James Madison’s idea that resolving constitutional vagaries c...
Tags: Texas, Featured, Minnesota, Supreme Court, Law, Congress, Colorado, Washington, White House, District Of Columbia, Illinois, Madison, National Labor Relations Board, Ray, Blair, U S Court of Appeals


Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, whether an officer who has consent to “get inside” a house but instead destroys it from the outside is entitled to qualified immunity in the absence of case law addressing those precise facts, whether a court of appeals may conclusively presume an applicant’s testimony is credible and true whenever an immigration judge or the Board of Immigration Appeals adjudicates a withholding-of-removal applic...
Tags: Supreme Court, Law, Congress, NG, United States, Arkansas, United Nations, Faa, Ventura, Mcdonnell, Phillips, U S Court of Appeals, Bureau of Indian Affairs, Suzuki, INS, Barr


Opinion analysis: The justices’ purpose-full reading of the Clean Water Act

Today the Supreme Court ruled, 6-3, that the Clean Water Act requires a permit when a point source of pollution adds pollutants to navigable waters through groundwater, if this addition of pollutants is “the functional equivalent of a direct discharge” from the source into navigable waters. Because the U.S. Court of Appeals for the 9th Circuit applied a different legal test in determining that a permit was required for a sewage treatment facility operated by the County of Maui, the Supreme Court...
Tags: Featured, Supreme Court, Law, Congress, Court, United States, Epa, Environmental Protection Agency, Chevron, Maui, Thomas, Antonin Scalia, John Roberts, 9th Circuit, Alito, U S Court of Appeals


Symposium: Constitutional doctrine and political reality in the faithless elector cases

David G. Post is a former professor of law at the Beasley School of Law at Temple University, an adjunct scholar at the Cato Institute and a contributor at the Volokh Conspiracy blog. He joined an amicus brief in support of the presidential electors in Chiafalo v. Washington and Colorado Department of State v. Baca. Our constitutional scheme for electing a president is a curious one indeed. We are all familiar with one of its features: the built-in imbalance between state population and state el...
Tags: New York, Featured, Maryland, Supreme Court, Law, Congress, Colorado, Washington, Hillary Clinton, United States, South Dakota, House Of Representatives, Agriculture, Bank, States, Clinton


Symposium: Leave courts out of presidential elector dispute

Derek Muller is a visiting professor of law at Notre Dame Law School. He wrote an amicus brief in support of neither party in Chiafalo v. Washington and Colorado Department of State v. Baca. On January 6, 2017, the president of the Senate—Vice President Joe Biden—in the presence of the Senate and the House of Representatives, and with the assistance of four tellers, opened the certificates of the electors from each of the 50 states and the District of Columbia. The tellers counted the votes alou...
Tags: Florida, New York, Featured, Mississippi, Supreme Court, Law, Congress, Colorado, Washington, Senate, Virginia, Massachusetts, Joe Biden, Hillary Clinton, Hawaii, House Of Representatives


Justices add computer fraud case to merits docket

This morning the Supreme Court issued orders from the justices’ private conference last week. The justices added one new case to their merits docket for next term, a case involving the interpretation of federal computer fraud laws. In Van Buren v. United States, the justices agreed to decide whether it is a federal crime for someone with permission to access information on a computer to access that information for an improper purpose. The question comes to the court in a petition filed by Nathan...
Tags: Featured, Maryland, Supreme Court, Law, California, Los Angeles, Georgia, Fbi, United States, St Louis, DOE, Department Of Education, Robinson, Howe, Van Buren, Rams


Jack Daniels Gets Chewed Up In Trademark Case Over 'Bad Spaniels' Doggy Chew Toy (techdirt)

We've seen roughly a zillion trademark disputes and cases in the alcohol industries, but perhaps nothing quite like this. Jack Daniels, the famous liquor company, found itself in a prolonged court battle with VIP Products LLC. At issue? Well, VIP makes a doggy chew toy that is a parody of Jack Daniels' famous whiskey bottle and trade dress. See for yourself. So, while the toy isn't exactly similar to the Jack Daniels bottle, it's a clear homage or parody of it. Parody, of course, has space ca...
Tags: News, Rogers, Timothy Geigner, Jack Daniels, Gordon, Jack Daniel, U S Court of Appeals, Ninth Circuit, Anna Karenina, The Jack Daniels, Drape Creative Inc


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether there is a categorical exception to the just compensation clause when the government takes property while acting under its police power; whether the Supreme Court’s holding that states may not “impose criminal penalties on the refusal to submit to” a warrantless blood draw in Birchfield v. North Dakota is substantive and therefore applies retroactively; and whether the confrontation clause...
Tags: Supreme Court, Law, Montana, Pennsylvania, United States, North Dakota, Alaska, Evans, Bp, Jackson, Johnson, Illinois, Naacp, DOE, Lech, Morrison


Court Rules Against Epstein Victims on Controversial Plea Deal

A federal appeals court has denied relief to victims of Jeffrey Epstein under the Crime Victims’ Rights Act, refusing their requests for remedies such as the release of FBI documents and a public hearing on Epstein’s criminal case in Florida.The opinion comes as part of a 12-year legal battle between Courtney Wild, who was underage when Epstein sexually abused her, and the federal government. After Epstein secured a controversial plea deal in 2008, Wild was one of two “Jane Does” to sue the feds...
Tags: Florida, News, Wild, Fbi, Harvey Weinstein, Miami, Hull, Palm Beach County, Edwards, NPA, Jane, U S Court of Appeals, Jeffrey Epstein, Epstein, U S Attorney 's Office, Eleventh Circuit


Texas abortion dispute reaches Supreme Court (Updated)

UPDATE: In an unsigned order on Monday night, the U.S. Court of Appeals for the 5th Circuit allowed medication abortions to go forward — the same relief that Planned Parenthood had sought in the Supreme Court — while litigation over the near-total ban on abortions in Texas continues. The ruling by the three-judge panel expressed “serious concerns” about whether the district court had sufficiently considered, for example, the “emergency public health measures” that prompted the executive order by...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Abbott, Greg Abbott, Ken Paxton, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, What's Happening Now, Emergency appeals and applications, Supreme Court Updated


Texas abortion dispute reaches Supreme Court

Telling the justices that “Texas has exploited the COVID-19 crisis as a pretext to target abortion,” Planned Parenthood and abortion providers in Texas filed an emergency appeal with the Supreme Court today. 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. The dispute has its roots in a March...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Abbott, Greg Abbott, Ken Paxton, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, What's Happening Now, Emergency appeals and applications


Courtroom access: High-profile cases, live audio and public interest

Long lines were a hallmark of high-profile oral arguments at the Supreme Court this term, in cases involving issues ranging from abortion to gun rights to employment protections for LGBT employees. Because the Supreme Court does not normally release the audio of its oral arguments until the end of the week, attending the oral argument in person is the only way to hear the justices and lawyers in action in real time. On March 31, the Supreme Court was scheduled to hear two oral arguments in a...
Tags: Featured, Supreme Court, Law, Washington, Lgbt, Court, Ap, Cnn, House Of Representatives, Manhattan, Associated Press, Circuit, Msnbc, Donald Trump, Trump, Vance


United States: Copier Victor Victorious: Sixth Circuit Clarifies Plaintiffs' Evidentiary Burden In FLSA Cases - Ogletree, Deakins, Nash, Smoak & Stewart

In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founde
Tags: News, Sixth Circuit, United States, Stewart, U S Court of Appeals, FLSA, Viet, Ogletree Deakins Nash Smoak, Copier Victor Inc, Copier Victor


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a local ordinance that discriminates against interstate commerce, and was enacted for a discriminatory purpose, must discriminate exclusively against nonresidents to be subject to heightened scrutiny under the dormant commerce clause; whether a claim for violation of a prisoner-patient’s 14th Amendment right to informed consent requires a showing of deliberate indifference and proof of ref...
Tags: Texas, Supreme Court, Law, Virginia, Williams, Sharp, Atkins, Woodford, Johnson, Smith, Department Of Homeland Security, Wolf, Slater, HARRIS, Hill, Inslee


Where the Supreme Court went wrong in today's Wisconsin election decision (I think)

If I'm not mistaken, the Supreme Court just stayed a provision of a district court preliminary injunction that does not exist, and in so doing imposed a restraint on the franchise of Wisconsin voters that Wisconsin law itself doesn't require.At least that's how I read the Court's decision, together with the underlying Wisconsin law.  [I am, of course, far from being an expert on Wisconsin voting procedures.  If others more learned than I bring additional considerations or contrary authorities to...
Tags: Supreme Court, Milwaukee, Court, Wisconsin, Republican National Committee, Anderson, Branding, Rnc, Bradley, U S Supreme Court, Legislature, The Supreme Court, Republican State, Conley, Ginsburg, District Court


No new grants today

The Supreme Court issued orders this morning from the justices’ conference last week, which was once again held with the justices – all of whom, according to the court’s Public Information Office, are healthy – participating by phone. The justices did not add any new cases to their docket for next term, nor did they call for the views of the federal government. The justices denied review in three cases that they had repeatedly considered at several consecutive conferences, with each denial...
Tags: Texas, Featured, Supreme Court, Law, Congress, Washington, Arizona, Catholic, Bell, Thomas, Sonia Sotomayor, 9th Circuit, EEOC, Equal Employment Opportunity Commission, Howe, Fifth Circuit


Democrats urge justices to stay out of Wisconsin primary dispute (UPDATED)

UPDATE: On Monday afternoon, April 6, Wisconsin Governor Tony Evers issued an that suspended the in-person voting scheduled for Tuesday, April 7, until June 9, unless the state’s legislature passes (and Evers approves) a different date. Evers also ordered the legislature to return for a special session tomorrow afternoon to consider setting a new in-person date. In a statement, Republican leaders in the state’s legislature criticized Evers’ order as a “constitutional overreach” and indicated t...
Tags: Featured, Supreme Court, Law, Wisconsin, States, Conley, Howe, U S Court of Appeals, 7th Circuit, League of Women Voters, U S District Judge, Evers, Tony Evers, What's Happening Now, William Conley, Wisconsin Republicans


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