November 2023 Archive
Showing 1–50 of 54 items published in November 2023, most recent first.
The morning read for Thursday, November 30
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
D.C.–area magnet school at center of continuing fight over affirmative action
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 divided over SEC’s ability to impose fines in administrative proceedings
Wednesday’s argument in Securities and Exchange Commission v. Jarkesy was oddly distant from the decision of the lower court and the briefs and arguments of the parties.
University bias-response teams and more Munsingwear vacatur
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.
Jaime Santos makes her debut
SCOTUSblog is delighted to introduce a new feature, headed by Nate Mowry: Videos in which lawyers arguing at the Supreme Court discuss their cases and their argument preparation.
Justices skeptical that double jeopardy clause allows retrial based on inconsistent verdict of acquittal
The double jeopardy clause of the Fifth Amendment generally says that the government gets only one chance to convict a defendant of a crime: If a jury finds a defendant not guilty, then the government has lost its chance to convict that defendant of that offense.
The morning read for Wednesday, November 29
The justices will hear oral argument today in Securities and Exchange Commission v. Jarkesy. Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Rick Simpson on double jeopardy
In the second installment of our new feature on advocates arguing before the court, Nate Mowry interviews Rick Simpson of Wiley Rein LLP, who argued on Tuesday in the double jeopardy case McElrath v. Georgia.
The morning read for Tuesday, November 28
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. The justices will hear oral argument in McElrath v. Georgia and Wilkinson v. Garland this morning.
The morning read for Monday, November 27
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. The justices will hear oral argument in Brown v. United States today.
Supreme Court to consider multi-pronged constitutional attack on SEC
The argument on Wednesday in Securities and Exchange Commission v. Jarkesy will present a remarkable spectacle of three entirely distinct constitutional challenges to wholly disparate attributes of the SEC.
Double jeopardy claim after inconsistent acquittal comes before the court
Tuesday’s argument in McElrath v. Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. The facts are simple.
Court turns down request for relief in Arizona leadership’s voting law dispute
The Supreme Court on Monday afternoon denied a request from the leaders of the Arizona legislature to put on hold an order that would require them to be deposed about the legislature’s enactment of voting laws that make it more difficult to register to vote.
The new SCOTUS Code of Conduct
There are things to like about the Code of Conduct that the Supreme Court promulgated earlier this month. It is a bona fide code of conduct—one that, in the main, tracks the Code of Conduct for U.S. Judges.
The morning read for Wednesday, November 22
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. We will be off on Thursday and Friday this week for the holiday.
Major OxyContin case headlines December session
The justices will kick off the December argument session on Nov. 27 with oral argument in a pair of consolidated cases, Brown v. United States and Jackson v. United States, involving the Armed Career Criminal Act.
The morning read for Tuesday, November 21
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, November 20
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Justices take up Native health care funding cases and a dispute over sentencing guide
The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term.
The morning read for Friday, November 17
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Justices schedule major cases on deference to federal agencies
The Supreme Court will hear arguments in January in a pair of cases asking the justices to overrule a landmark decision on deference to federal administrative agencies.
The morning read for Thursday, November 16
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court refuses Florida’s request to reinstate anti-drag law
A divided Supreme Court on Thursday denied Florida’s request to allow it to temporarily enforce a law that makes it a misdemeanor to allow children at drag performances.
The morning read for Wednesday, November 15
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Funding for Native healthcare programs, and the Armed Career Criminal Act 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.
Cancer victims ask court to untangle “finality trap”
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 Tuesday, November 14
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, November 13
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 may end Chevron doctrine. These states have already done it.
Justices take up expert testimony question in “blind mule” drug-trafficking case
The Supreme Court on Monday agreed to decide whether prosecutors in a drug-trafficking case can call a government witness to provide expert testimony to rebut the defendant’s assertion that she did not know that she was carrying drugs, a so-called “blind mule.” The announcement came on a list of orders released from the justices’ private conference on Thursday.
Justices issue official code of conduct
In her 2019 testimony before a subcommittee on the House Committee on Appropriations, Justice Elena Kagan – ostensibly on Capitol Hill to discuss the Supreme Court’s budget – told lawmakers that Chief Justice John Roberts was studying a code of conduct for the justices.
The morning read for Thursday, November 9
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Using expert testimony to prove a criminal defendant’s knowledge of drug trafficking
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. A lot has happened since our last installment.
The morning read for Wednesday, November 8
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, November 7
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Tuesday morning read: The Supreme Court Will Decide if Domestic Abuse Orders Can Bar People From Having Guns. Lives Could Be at Stake.
Justices appear wary of striking down domestic-violence gun restriction
The Supreme Court appeared ready to uphold a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun. During just over 90 minutes of oral argument on Tuesday, a majority of the justices seemed wary of the consequences of allowing a ruling by a federal appeals court that struck down the law to stand.
“Statutory Interpretation 101” in government sovereign immunity claim
When a private lender fails to respond promptly to a consumer’s claim that it falsely presented the consumer’s borrowing history, Congress established under the Fair Credit Reporting Act that the lender is liable for damages.
Justices clear the way for Louisiana wetlands trial against oil companies to go forward
The Supreme Court on Tuesday morning declined to put a Louisiana trial seeking compensation for the “existential threat” posed by coastal land loss on hold while the defendants in the case, a group of oil companies, seek review of a state court decision rejecting their request to transfer the case.
The morning read for Monday, November 6
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: A blockbuster gun rights case lands at the Supreme Court. Here are three justices to watch.
Court to hear major gun-rights dispute over domestic-violence restrictions
A Texas man’s challenge to the constitutionality of a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun will come before the justices in oral argument on Tuesday.
The morning read for Friday, November 3
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Federal agencies claim immunity from suit under the Fair Credit Reporting Act
Monday’s argument in U.S. Department of Agriculture Rural Development Rural Housing Service v. Kirtz presents a routine statutory drafting problem arising out of a run-of-the-mill consumer lending dispute.
Justices take up bump stock dispute
Less than a week before the justices are scheduled to hear argument in a high-profile gun-rights case, the court added another dispute involving firearms to its docket for the 2023-24 term.
Tribal self-governance at center of dispute over federal health care costs
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.