May 2023 Archive
Showing 1–50 of 64 items published in May 2023, most recent first.
The morning read for Wednesday, May 31
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court rules for Maryland prison official on procedural issue
The Supreme Court on Thursday gave a Maryland prison official another chance to defend himself against a federal civil rights claim. Last week’s unanimous ruling in Dupree v. Younger rested on procedural issues, but it was an important one for the litigants involved – and, as Justice Amy Coney Barrett observed in announcing it, for law professors.
The morning read for Tuesday, May 30
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Israeli citizen challenges U.S. wire-fraud conviction for foreign financial scheme
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, May 26
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
The morning read for Thursday, May 25
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Supreme Court curtails Clean Water Act
This article was updated on May 25 at 12:55 p.m. The Supreme Court on Thursday established a more stringent test to determine whether the Clean Water Act applies to a wetland.
Justices rule Minnesota county violated takings clause
In 2016, a Minnesota county sold 94-year-old Geraldine Tyler’s condo at auction after she failed to pay her property taxes for several years. The sale yielded $40,000; Hennepin County kept not only the $15,000 in taxes, penalties, and costs that Tyler owed it, but also the $25,000 that was left over.
Announcement of opinions for Thursday, May 25 (complete)
On Thursday, May 25, we live blogged as the court issued opinions in Dupree v. Younger, Sackett v. EPA, and Tyler v. Hennepin County. Click here for a list of FAQs about […]
The morning read for Wednesday, May 24
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Acquitted-conduct sentencing returns
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, May 23
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
The morning read for Monday, May 22
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Justices rule on challenge to FDIC order
The Supreme Court on Monday issued a summary reversal – that is, a decision on the merits, but without additional briefing or oral argument – in a challenge to an order that would bar the former CEO of a Michigan community bank from ever working in the banking industry again.
The morning read for Friday, May 19
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Supreme Court rules invalid Amgen’s patent on cholesterol-lowering drug
The Supreme Court on Thursday ruled against the drug company Amgen, which had sued Sanofi for infringing Amgen’s patent on antibodies that lower LDL cholesterol, sometimes called “bad” cholesterol.
Leaving “rare birds” alone
The Supreme Court has held that the Ohio National Guard’s dual-status technician employees have federal labor rights. In a 7-2 decision by Justice Clarence Thomas, the court said that the Ohio Adjutant General’s Department and the Ohio National Guard act as a federal “agency” when they hire and supervise dual-status technicians serving in their civilian roles.
Justices rule against Andy Warhol estate in copyright dispute
Thursday’s decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith provides a major statement in the role that copyright law plays in fostering artistic creativity, as the court upheld the claim of a famed celebrity photographer, Lynn Goldsmith, that the Andy Warhol estate infringed her
Justices rule IRS can summon bank information without notifying account holders under appropriate circumstances
Section 7609(a) of the Internal Revenue Code generally requires the Internal Revenue Service to notify anyone whose records have been summoned, at its behest, from a third party.
Former candidates say New Jersey’s “slogan statutes” violate the First Amendment
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.
Dear Stephen Breyer
The courtroom is full Thursday morning as everyone seems to have gotten used to the switch from Monday opinion days. The bar section is filled with quite a few lawyers who will be sworn in to the Supreme Court Bar after the day’s opinions, including the California Lawyers Association Taxation Section with an especially well-timed visit.
The morning read for Thursday, May 18
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Separation of powers and mental health evidence in capital sentencing
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. There was a lot of action among the relisted cases at last week’s Supreme Court conference.
Supreme Court rules Twitter not liable for ISIS content
The Supreme Court on Thursday ruled against the family of a 2017 ISIS attack victim who sought to hold tech companies liable for allowing ISIS to use their platforms in its terrorism efforts.
Court dismisses Title 42 case
At the beginning of the COVID-19 pandemic, the federal government began relying on a public health law, known as Title 42, to quickly expel migrants seeking asylum at the Mexico and Canada borders.
Announcement of opinions for Thursday, May 18 (complete)
On Thursday, May 18, we live blogged as the court issued opinions in Amgen Inc. v. Sanofi, Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith, Ohio Adjutant General’s Dept. v. […]
The morning read for Wednesday, May 17
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Wednesday morning read: How SCOTUS gutting Chevron could haunt Republicans (Pamela King, E&E News) The Brutal Past and Uncertain Future of Native Adoptions (Gabrielle Glaser, The New York Times) The US Supreme Court upheld Proposition 12.
Court rejects request to temporarily block Illinois assault-weapon bans
The Supreme Court on Wednesday rejected a request to block state and local laws barring the sale of assault-style weapons in Illinois while a group of challenges to those laws continues in the lower courts.
The shadow docket with Steve Vladeck
Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders.
The morning read for Tuesday, May 16
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court ruling gives Guatemalan woman new chance to appeal deportation
In an opinion released on Thursday, the Supreme Court ruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals.
The morning read for Monday, May 15
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Justices take up challenge to purported racial gerrymander in South Carolina’s congressional map
The court will hear oral argument next term in a challenge to the congressional redistricting plan that South Carolina’s Republican-controlled legislature enacted in the wake of the 2020 census.
Justices side with Puerto Rico’s financial oversight board in public records dispute
Thursday’s decision in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case.
North Dakota truck stop objects to federal allowance for debit-card processing fees
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.
Court narrows scope of federal wire fraud statutes
For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. United States is no exception. The court held that the federal criminal wire fraud statutes do not incorporate a “right to control” theory of fraud.
The morning read for Friday, May 12
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
In new filings, lawyers disagree over whether court should decide major election case
The lawyers involved in a major election law case once again disagreed on Thursday about whether the Supreme Court has the power to reach a decision in the case in light of a ruling last month by the North Carolina Supreme Court in the underlying dispute.
The morning read for Thursday, May 11
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Thursday morning read: A Supreme Court Ruling the Fossil-Fuel Industry Doesn’t Like (Bill McKibben, The New Yorker) Is the debt ceiling constitutional?
Court upholds California animal-welfare law
The Supreme Court on Thursday issued a major ruling that upheld a controversial California animal-welfare law. In a deeply splintered vote that did not break down on traditional ideological lines, the justices rejected an argument by pork producers that the law, known as Proposition 12, violates the Constitution by regulating the pork industry outside California.
Court throws out conviction of former Cuomo aide
The Supreme Court on Thursday reversed the conviction of Joseph Percoco, the manager of former New York Gov. Andrew Cuomo’s re-election campaign who was sentenced to six years in prison after he took money in exchange for helping to facilitate a real estate development.
Congressional redistricting, patent infringement, arbitration, and the Armed Career Criminal Act
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 Supreme Court will be considering a total of 202 petitions and applications at Thursday’s conference.
Announcement of opinions for Thursday, May 11 (complete)
On Thursday, May 11, we live blogged as the court released opinions in Santos-Zacaria v. Garland, National Pork Producers Council v. Ross, Financial Oversight and Management Bd. for P. R. v. […]
The morning read for Wednesday, May 10
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.