January 2023 Archive
Showing 1–50 of 63 items published in January 2023, most recent first.
The morning read for Tuesday, Jan. 31
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court schedules final two argument sessions of 2022-23 term
The final argument session of the Supreme Court’s 2022-23 term will include high-profile disputes over how employers must accommodate their employees’ religious practices and how courts should decide whether threatening statements are protected by the First Amendment.
What’s going on with Munsingwear?
In an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened.
The morning read for Monday, Jan. 30
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Monday morning read: Supreme Court did not disclose financial relationship with expert brought in to review leak probe (Joan Biskupic, CNN) What happens if the Supreme Court strikes down student loan forgiveness?
The morning read for Friday, Jan. 27
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
Arthrex seeks second Supreme Court intervention in patent clash
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
The morning read for Thursday, Jan. 26
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
No, Ruth Bader Ginsburg did not dissent in Obergefell — and other things ChatGPT gets wrong about the Supreme Court
When ChatGPT, a cutting-edge artificial-intelligence chatbot, launched in November, it captured the attention of the legal community. Some lawyers worried that the program — which can generate eerily human-sounding text in response to complex written prompts — would make them obsolete.
The morning read for Wednesday, Jan. 25
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
A “DIG” on attorney-client privilege: Why the court decided not to decide In re Grand Jury
After the oral argument in In re Grand Jury, the smart money would have predicted either that the court would affirm the U.S. Court of Appeals for the 9th Circuit or dismiss the case as improvidently granted. On Monday, it dismissed.
The morning read for Tuesday, Jan. 24
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
The morning read for Monday, Jan. 23
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
Live, but not livestreamed, opinion announcements return
A View from the Courtroom is an occasional series offering an inside look at oral arguments and opinion announcements unfolding in real time. The Supreme Court on Monday issued its first opinion announcements from the bench since the COVID-19 pandemic disrupted everything three years ago.
In veterans’ benefits case, court says Congress chose a firm rule over a flexible standard
In its first opinion of the 2022-23 term, the Supreme Court unanimously held on Monday that a one-year timeframe for military veterans to apply for retroactive disability benefits is a firm deadline that cannot be extended under a doctrine known as “equitable tolling.” The court found equitable tolling would be inconsistent with Congress’ intent for setting effective dates for veterans’ benefits.
Justices request federal government’s views on Texas and Florida social-media laws
The Supreme Court on Monday asked the Biden administration for its views on a pair of controversial social-media laws enacted in Texas and Florida. Passed in response to beliefs that social-media platforms were censoring their users, particularly those expressing conservative political views, both states’ laws seek to regulate the content-moderation policies of social-media companies like Facebook and Twitter.
Announcement of orders and opinions for Monday, Jan. 23 (complete)
We live blogged as the court released orders from the Jan. 20 conference, released an opinion in Arellano v. McDonough, and dismissed In re Grand Jury as improvidently granted. Click here for […]
The morning read for Friday, Jan. 20
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
Justices mull “exhaustion” requirement when noncitizens appeal deportation orders
During Tuesday’s argument in Santos-Zacaria v. Garland, some justices seemed inclined to side with a woman who is facing deportation and wants to pursue her claim for humanitarian relief in a federal appeals court.
Virginia resident challenges electricity rates set by Tennessee Valley Authority
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Justices were not asked to swear under penalty of perjury that they didn’t leak Dobbs
Gail Curley, the Supreme Court’s marshal, said on Friday that she spoke with the justices as part of her investigation into the Dobbs leak but that the justices – unlike court employees – were not asked to swear under penalty of perjury that they were not responsible for the leak.
The morning read for Thursday, Jan. 19
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
Acquitted-conduct sentencing and “offended observer” standing
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.
Supreme Court investigators fail to identify who leaked Dobbs opinion
The Supreme Court has not been able to determine who leaked a draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, the court said on Thursday.
The morning read for Wednesday, Jan. 18
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
Deaf student’s lawsuit against school district draws support from justices on both the left and the right
The Supreme Court on Wednesday seemed ready to side with a deaf student who is seeking financial compensation from a Michigan school district that failed to provide him with a qualified sign-language interpreter.
The morning read for Tuesday, Jan. 17
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
Three decades covering the Supreme Court
After more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years.
Justices probe global consequences of allowing U.S. prosecutions of companies owned by foreign governments
The Supreme Court heard oral argument on Tuesday in the case of a Turkish bank that the U.S. government accuses of committing money laundering and fraud as part of a scheme to evade U.S. sanctions against Iran.
Justices will weigh U.S. attempt to prosecute Turkish bank accused of dodging sanctions
The Supreme Court will hear oral argument on Tuesday in the federal government’s efforts to prosecute a Turkish bank for money laundering and fraud.
Justices will consider reviving lawsuit from deaf student who was denied sign-language interpreter
On Wednesday, in Perez v. Sturgis Public Schools, the court will take up the case of Miguel Perez, a deaf student who says that a Michigan school district failed for years to provide him with a qualified sign language interpreter, leaving him an “academic and social outcast.” The justices will
Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation
The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs.
The morning read for Friday, Jan. 13
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
Class-action plaintiffs object to distribution of settlement funds to nonprofits
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Justices weigh shifting arguments for and against immunity in Puerto Rico public-records dispute
Wednesday’s argument in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo set a new standard for scattershot: The discussion meandered through a wide variety of threshold questions but never actually reached the question on which the justices granted review.
Court grants review in new batch of cases, including dispute on religious rights of employees
The Supreme Court will review how employers must accommodate their employees’ religious practices, how courts should decide whether threatening statements are protected by the First Amendment, and whether a local government violated the Constitution when it confiscated and sold a $40,000 home based on the owner’s failure to pay $15,000 in property taxes.
The morning read for Thursday, Jan. 12
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
The morning read for Wednesday, Jan. 11
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected]. Here’s the Wednesday morning read: They Won Guantánamo’s Supreme Court Cases. Where Are They Now?
Court allows New York to enforce new gun-control law while legal challenge proceeds
Less than seven months after a landmark decision striking down a New York law that restricted handguns in public, the Supreme Court on Wednesday allowed the state – at least for now – to keep enforcing the gun-control law that the state enacted in response to that ruling.
Court grapples with how to handle company’s lawsuit against union that went on strike
Tuesday’s argument in Glacier Northwest v. International Brotherhood of Teamsters provided little new insight into how the Supreme Court may decide the case. The justices from the conservative wing remained relatively quiet, allowing the three more liberal justices to dominate the argument.
Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.
The morning read for Tuesday, Jan. 10
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected].
A fight over public records in Puerto Rico hinges on financial board’s claim of sovereign immunity
The court turns to sovereign immunity on Wednesday when it hears argument in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo. The case involves the board Congress created in response to Puerto Rico’s dire financial distress in 2016.
Justices debate test for attorney-client privilege when lawyer’s advice has multiple purposes
In Re Grand Jury asks how courts should assess attorney-client privilege when a client seeks partly legal and partly nonlegal advice from a lawyer and the two parts cannot be disentangled. Monday’s oral argument exposed weaknesses and strengths in each side’s position.