April 2023 Archive

The morning read for Friday, April 28

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Are You There God? It’s Me, The Lemon Test

The morning read for Thursday, April 27

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

The morning read for Wednesday, April 26

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Roberts declines invitation to testify at Senate hearing

Chief Justice John Roberts on Tuesday night “respectfully decline[d]” an invitation from Sen. Richard Durbin (D-Ill.) to appear before the Senate Judiciary Committee at a hearing next week. Durbin had asked Roberts to testify about Supreme Court ethics rules and potential reform.

The standard for bringing a “whistleblower” retaliation claim under Sarbanes-Oxley

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. Before we discuss changes to the Supreme Court’s docket this week, a word about last week’s post.

Justices appear likely to side with homeowner in foreclosure dispute

Geraldine Tyler, a 94-year-old grandmother, lost her Minneapolis condo when she failed to pay the property taxes for several years. Tyler does not dispute that Hennepin County could foreclose on the $40,000 property and sell it to obtain the $15,000 in taxes and costs that she owed it.

The Tech Term Arrives

The morning read for Tuesday, April 25

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Court to hear dispute over confiscated condo title and sale

The Supreme Court will hear its final oral argument of the term on Wednesday, in the case of a 94-year-old Minnesota grandmother. Geraldine Tyler does not dispute that the county government could seize her condominium after she failed to pay her property taxes for several years.

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.

Justices to hear procedural question in Maryland prison-assault case

Kevin Younger was detained before trial at a state prison in Baltimore, Maryland. While Younger in custody, a prison official, Neil Dupree, directed three prison guards to attack Younger and other inmates. The guards beat Younger viciously, leaving him unconscious and bleeding profusely.

The morning read for Monday, April 24

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: The Supreme Court Isn’t Done With Abortion.

Justices add two cases on liability of officials who block critics on social media

The Supreme Court on Monday morning agreed to weigh in on a question arising out of the widespread use of social media – specifically, whether public officials are acting as government officials, and therefore can violate the First Amendment, when they block people on their personal social media accounts that they use to communicate with the public.

Government seeks review of federal gun regulations on domestic abusers, bump stocks

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 Friday, April 21

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read: Supreme Court set to decide on abortion pill access (Mark Sherman, Associated Press) How Rich Is the US Supreme Court?

Court allows abortion pill to remain widely available while appeals proceed

The Supreme Court on Friday night granted a request from the Biden administration and a drug manufacturer to put on hold a ruling by a federal judge in Texas that suspended the Food and Drug Administration’s approval of mifepristone, part of a two-drug protocol used to end pregnancies in their early stages.

Two Russian citizens face off at Supreme Court in international racketeering dispute

Tuesday’s arguments in two consolidated cases, Yegiazaryan v. Smagin and CMB Monaco v. Smagin, combine technical issues of statutory interpretation with a case history that could be a tale of international financial crimes concocted by John le Carré or Robert Ludlum, or a chapter in one of Bill Browder’s recent books about Vladimir Putin’s Russia.

Sarah’s Buckets Hit SCOTUS (Oh, and Fox News Settles Dominion Case)

No clear path on how court will rule after oral arguments in two immigration cases Monday

During oral argument on Monday in Pugin v. Garland and Garland v. Cordero-Garcia, the justices sought to define the contours of an “offense relating to the obstruction of justice,” which is one among the prior convictions that subjects noncitizens to mandatory removal from the United States as an

The court appears likely to preserve theory of liability in False Claims Act cases

During oral argument in two consolidated cases on Tuesday, the court seemed poised to reverse the decision of the U.S. Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute.

Court revives DNA evidence case of Texas man on death-row

The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him.

Court rules federal immunity law does not shield Turkish bank from U.S. prosecution

The Supreme Court on Wednesday ruled that a Turkish bank can be prosecuted in U.S. courts for its role in a conspiracy to evade U.S. sanctions on Iran.

The morning read for Thursday, April 20

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Court rules in favor of Mall of America in dispute over Sears lease

At first glance, Wednesday’s decision in MOAC Mall Holdings LLC v. Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order authorizing a sale of the bankrupt’s assets.

Justices hear “true threat” protected speech case

The Supreme Court heard oral argument on Wednesday in the case of a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on the Facebook messages that he sent to local musician Coles Whalen.

Is it unconstitutional for an elected official to block critics on social media?

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 justices will be considering 123 petitions and applications at this Friday’s conference.

Justices to consider tribal immunity from bankruptcy process

Monday’s arguments in Lac du Flambeau Band v Coughlin takes the justices back once again to the question of tribal immunity. The specific question in this case is whether the Bankruptcy Code is sufficiently clear to abrogate the sovereign immunity of a federally recognized Indian tribe.

The morning read for Wednesday, April 19

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Supreme Court further delays ruling on access to abortion pill

In a brief order, the Supreme Court continued to place on hold a trial judge’s ruling blocking the FDA’s approval of mifepristone, one of two drugs used in medication abortions.

Announcement of opinions for Wednesday, April 19 (complete)

We live blogged as the court released opinions in MOAC Mall Holdings LLC v. Transform Holdco LLC, Reed v. Goertz, and Turkiye Halk Bankasi A.S. v. United States. Click here for a […]

A Nerdy Amuse Bouche

Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

There is no dispute that the Facebook messages Billy Raymond Counterman sent to local Colorado musician Coles Whalen made her feel afraid.

The morning read for Tuesday, April 18

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Justices lean toward split decision for suits challenging misleading securities registration statements

Monday’s arguments in Slack Technologies v. Pirani suggest a court leaning toward a split decision, rejecting liability under only one of the two securities-law statutes at issue in the case.

Justices look for common ground in postal worker’s religious liberty case

The Supreme Court heard oral argument on Tuesday in a case that asking the justices to decide how far employers must go to accommodate the religious practices of their employees.

Justices validate New Jersey’s decision to leave commission for Port of New York and New Jersey

Occasionally – not all that often, but sometimes – the Supreme Court faces a really easy case with an obvious answer. New York v New Jersey is one of those cases.

Announcement of opinions for Tuesday, April 18 (complete)

On Tuesday, April 18, we live blogged as the court released its opinion in New York v. New Jersey. Click here for a list of FAQs about opinion announcements.

The morning read for Monday, April 17

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Justices to hear evangelical Christian postal worker’s religious accommodation case

Employees of the U.S. Postal Service are famous for delivering the mail even in the worst conditions. But when Gerald Groff was hired to work as a postal carrier in 2012, postal carriers didn’t work on Sundays.

Washington family counselor challenges state’s ban on conversion therapy

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 Friday, April 14

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read: DOJ to Ask Supreme Court to Intervene in Abortion-Pill Case (Greg Stohr, Bloomberg) Supreme Court Won’t Block Student Loan Class-Action Settlement (Adam Liptak, The New York Times) Billionaire Harlan Crow Bought Property From Clarence Thomas.

Pair of immigration cases come to the court on key issue in some deportation proceedings

In 1948, Justice William O. Douglas wrote in a majority opinion that the deportation of noncitizens was “a drastic measure and at times the equivalent of banishment or exile.” On Monday, the court will hear argument in a pair of cases, Pugin v. Garland and Garland v. Cordero-Garcia, involving

Biden administration and drug manufacturer ask court to block suspension of mifepristone approval

This story was updated on April 14 at 4:14 p.m.

Justices will consider false claims in two pharmacy cases

The False Claims Act has for decades been the government’s primary anti-fraud statute. The Department of Justice has used the law to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting.

Court approves early challenge to agency proceedings

To the surprise of few informed observers, Friday’s decision in Axon Enterprise v. Federal Trade Commission confirmed a new avenue for pre-enforcement challenges to the administrative proceedings of federal agencies.

Announcement of opinions for Friday, April 14 (complete)

On Friday, April 14, we will be live blogging as the court releases opinions in one or more argued cases from the current term. Click here for a list of FAQs about […]

Screaming Complaints

The morning read for Thursday, April 13

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

Justices to review standing requirements for suits based on misleading securities registration statements

Monday’s arguments in Slack Technologies v. Pirani present a stark contrast between text and policy arguments under the federal securities laws. Although Slack Technologies is pretty simple as securities cases go, a bit of background is useful.