October 2023 Archive
Showing 1–50 of 59 items published in October 2023, most recent first.
The morning read for Tuesday, October 31
The justices will hear oral argument this morning in O’Connor-Ratcliff v. Garnier and Lindke v. Freed. Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Justices weigh rules for when public officials can block critics on social media
The Supreme Court on Tuesday struggled to define precisely when public officials who block their critics on their personal social media accounts are acting on behalf of the government and therefore can be held liable for violating the First Amendment.
The morning read for Monday, October 30
The justices will hear oral argument this morning in Culley v. Marshall. Listen live at 10 a.m. EDT. Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
No grants from Friday’s conference
The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The justices did not add any new cases to their merits docket for the 2023-24 term, and they did not act on several of the high-profile petitions for review that they considered on Friday.
Justices consider liability for officials who block critics on social media
On Tuesday the Supreme Court will hear oral arguments in a pair of cases involving liability for public officials who block critics on their personal social-media accounts.
Must federal government permit “Trump too small” trademark?
Wednesday’s argument in Vidal v. Elster is the third in a series of First Amendment challenges to provisions of the Lanham Act that bar registration of various kinds of scurrilous marks.
An appellate court’s claimed “defiance” in a death-penalty case
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. Welcome back!
The morning read for Friday, October 27
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Sellers of carved wood furniture spar over relevance of copying in trademark
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, October 26
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Major Second and First Amendment cases headline November sitting
With just over a year to go until the 2024 presidential elections, the shadow of former President Donald Trump – who is once again the frontrunner for the Republican presidential nomination – hovers over three of the seven cases in the court’s November argument session, which begins on Oct. 30.
The morning read for Wednesday, October 25
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court lets Florida tribe continue with online sports betting
The Supreme Court on Wednesday declined to block a ruling by a federal appeals court that would allow a Native American tribe in Florida to take online sports bets.
The morning read for Tuesday, October 24
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, October 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 Friday, October 20
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Supreme Court refuses to reinstate Missouri Second Amendment law
The Supreme Court on Friday refused a request by Missouri to reinstate a state law that bars police officers from enforcing federal restrictions on the sale and ownership of firearms that the state believes violate the Second Amendment.
Justices allow federal government continued communication over social media content moderation
The Supreme Court on Friday granted a request from the Biden administration to temporarily block a lower court’s order that would limit the ability of government officials to communicate with social media companies about their content moderation policies.
The morning read for Thursday, October 19
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Justices decline to intervene in Louisiana’s Republican-drawn voting map dispute
The Supreme Court on Thursday left in place an order by a federal appeals court canceling a hearing intended to draw a new congressional map for Louisiana.
The morning read for Wednesday, October 18
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
The morning read for Tuesday, October 17
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, October 16
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court will not hear PETA undercover recording case
The Supreme Court will not weigh in on the constitutionality of a North Carolina law that allows employers to sue employees who make undercover video or audio recordings.
Justices again side with Biden on ghost guns
Less than three months after allowing the Biden administration to temporarily reinstate a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating “ghost guns,” the Supreme Court blocked a ruling by a federal judge in Texas that would have prevented the government from enforcing the rule against two manufacturers of gun parts.
Purdue Pharma, tax cases headline December argument session
The Supreme Court will hear oral argument on Dec. 4 in the challenge to the legality of the bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin.
The morning read for Friday, October 13
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: The Supreme Court avoided disaster when a hunk of marble fell in a courtyard used by justices (Mark Sherman, Associated Press) May it please the court?
Justices grant four new cases, including Chevron companion case
The Supreme Court has added a second case asking it to overrule its landmark 1984 decision in Chevron v. Natural Resources Defense Council to its docket for the 2023-24 term.
The morning read for Thursday, October 12
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, October 11
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Preemption of consumer protection laws, bankruptcy claims, COVID mandates and … Chevron deference again?
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.
Justices question finding that S.C. district was unconstitutional racial gerrymander
The Supreme Court on Wednesday was skeptical of a lower court’s decision that a congressional district on the South Carolina coast was an unconstitutional racial gerrymander.
Court won’t hear case seeking to overturn New York Times v. Sullivan
The Supreme Court did not add any new cases to its docket on Tuesday morning. In a list of orders from the justices’ private conference last week, the justices denied review in approximately 180 cases – including one asking the court to overrule one of its landmark decisions on freedom of the press.
The morning read for Tuesday, October 10
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court to hear argument in racial gerrymandering challenge to S.C. district
The Supreme Court will hear oral argument on Wednesday in a dispute over the congressional map that South Carolina’s Republican-controlled legislature enacted in the wake of the 2020 census.
Justices favor reliable enforcement of choice-of-law clauses in maritime insurance contracts
As the hour of this morning’s argument in Great Lakes Insurance v Raiders Retreat Realty progressed, it seemed to become more and more clear how the justices will resolve this case.
A Scalia argument, then a yacht excursion
It’s the second week of the new term, with two otherwise garden-variety cases set for argument on Tuesday, but with each having some noteworthy highlights.
Washington residents challenge state’s effort to tax long-term capital gains
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, October 6
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: Racial gerrymandering returns to U.S. Supreme Court. This time it’s South Carolina’s fight.
Justices to consider choice-of-law clauses in maritime insurance contracts
Tuesday’s argument in Great Lakes Insurance v. Raiders Retreat Realty offers a breather between the divisive disputes about the CFPB and voting rights topping the headlines at the advent of the October Term 2023.
The morning read for Thursday, October 5
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
The long conference’s relists
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 has returned from its summer break and gotten down to business.