April 2022 Archive
Showing 1–50 of 89 items published in April 2022, most recent first.
The morning read for Friday, April 29
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].
In dispute over discovery requests in international arbitration, justices weigh text, comity, academic literature, and their own role
On March 23, the Supreme Court considered the appropriate scope of 28 U.S.C. § 1782, which authorizes a federal district court to compel individuals and companies within its jurisdiction to provide discovery to proceedings pending in “foreign and international tribunals.” In an oral argument that
Court splits 4-4 on what it means to “use” a locomotive
The Supreme Court on Thursday issued its decision in LeDure v. Union Pacific Railroad Company. But the resolution was a single sentence stating that the decision of the U.S. Court of Appeals for the 7th Circuit was “affirmed by an equally divided Court.” As is customary in this situation, the Supreme Court revealed only that the vote was evenly split — not the identities of the justices on each side.
Capital defendant whose lawyer conceded guilt despite his objection seeks relief from Supreme Court
This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. Louisiana.
Deploying the All Writs Act in habeas corpus proceedings — and transporting John the Tiger Man
“John the Tiger Man,” a hypothetical dangerous prisoner invented by Justice Stephen Breyer, featured prominently in Tuesday’s oral argument in Shoop v. Twyford. If a federal district court orders a state to transport John the Tiger Man, then can the state immediately appeal that order?
With historical promises in mind, justices weigh state criminal jurisdiction in Indian country
At the last Supreme Court oral argument of Justice Stephen Breyer’s career, the court stepped into a dispute over the state of Oklahoma’s criminal jurisdiction authority in Indian country.
The morning read for Thursday, April 28
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].
Court rules against plaintiff seeking emotional distress damages for discrimination
Update (May 2, 9:05 a.m.): This article has been expanded with additional analysis. The Supreme Court ruled 6-3 on Thursday against a plaintiff seeking emotional distress damages for violation of certain federal anti-discrimination laws.
Republicans call ethics hearing a double-standard; Democrats call for a standard
On the same day that Congress approved legislation to improve the justices’ financial disclosure transparency, a House panel was caught up in a political scuffle over legislative proposals for broader Supreme Court reform, including a binding code of ethics.
Announcement of opinions for Thursday, April 28 (complete)
We live blogged as the court released an opinion in Cummings v. Premier Rehab Keller PLLC and an equally divided, per curiam affirmance in LeDure v. Union Pacific Railroad Co. Click here for […]
The morning read for Wednesday, April 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].
Court seeks to protect judicial remedies in case challenging lethal injection
The Supreme Court heard oral argument on Monday in Nance v. Ward, considering which of two procedural vehicles should be used to challenge Georgia’s planned execution method (lethal injection).
Private rights of action, overtime pay, and the constitutionality of a billboard tax
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. We have a fair amount of movement on the relist rolls this week. In Monday’s orders, the Supreme Court disposed of three relists.
High school football coach who prayed at midfield gets warm reception from some justices
During nearly two hours of oral argument on Monday, a majority of the Supreme Court appeared sympathetic to a high school football coach who sued his school district after he lost his job because of his post-game prayers at the 50-yard line.
Court adds new cases on DNA testing for inmates, personal jurisdiction for corporations
The Supreme Court on Monday added two new cases to the merits docket for the 2022-23 term. The new grants came on a list of orders issued from the justices’ private conference last week.
The morning read for Tuesday, April 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].
In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country
A sad story involving child neglect has become the subject of a Supreme Court case — and white-hot political rhetoric — because the crime occurred on the reservation of the Cherokee Nation of Oklahoma and the victim (but, crucially, not the defendant) is a citizen of the Eastern Band of Cherokee Indians.
The justices enter the fourth quarter
A View from the Courtroom is an inside look at oral arguments and opinion announcements unfolding in real time. We have entered the final week of arguments for the 2021-22 term, and what may well be the last week that Justice Stephen Breyer takes the bench.
Tough questions for both sides in dispute over “remain in Mexico” policy
The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies.
The morning read for Monday, April 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 prisoner’s bid to develop new evidence rests on a 233-year-old statute about judicial writs
Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data.
Prayer at the 50-yard line
On Monday, April 25, the court hears oral argument in Kennedy v. Bremerton School District, a case concerning a public school coach’s right to pray on the football field. In a two-part episode, Amy talks with Rachel Laser and Kelly Shackelford, representatives from the legal teams on each side.
An argument over suing police officers contains a warning about the future of Miranda rights
On Wednesday, the Supreme Court considered whether a violation of Miranda v. Arizona allows a plaintiff to sue for money damages under 42 U.S.C. § 1983. Stated thusly? The issue is deceptive, reading as a mere mundanity. Be warned: It is not.
Equitable tolling in a corner of the Internal Revenue Code
If a taxpayer is late in seeking judicial review in a tax proceeding known as a “collection due process” case, the U.S. Tax Court has the power to excuse the missed deadline for equitable reasons, the Supreme Court ruled on Thursday in a unanimous decision.
Court allows elite Virginia high school to keep admissions policy while legal challenge continues
The Supreme Court on Monday rejected a request to temporarily block a school board in the Washington, D.C., suburbs from using its new admissions policy to select students for a STEM magnet school widely regarded as one of the best in the country.
One of Trump’s signature immigration policies is back before the Supreme Court
On Tuesday morning, the Supreme Court will hear oral argument in Biden v. Texas, in which the justices will decide whether the Biden administration must continue to enforce a Trump-era program known as the “remain in Mexico” policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. immigration court.
In the case of the praying football coach, both sides invoke religious freedom
Joseph Kennedy had never coached football when Bremerton High School, a public school near Seattle, Washington, hired him in 2008. He was too small to play in high school, and his football experience was limited to playing for two years while he was in Hawaii serving in the Marines.
Court allows Texas to execute man who spent 31 years on death row
The Supreme Court on Thursday turned down a request from a 78-year-old Texas inmate to block his execution. Justice Stephen Breyer, who has previously questioned the constitutionality of the death penalty and criticized lengthy delays in how it is carried out, wrote a one-paragraph statement in which he reiterated those concerns.
Court rejects bid to block Tennessee execution, but inmate gets reprieve when state discovers last-minute “oversight”
The Supreme Court on Thursday declined to block the execution of Tennessee inmate Oscar Smith, who had been scheduled to die at 8 p.m. EDT. However, shortly after the justices turned down Smith’s appeal, Tennessee Gov. Bill Lee called off the execution, citing an “oversight” in the preparations for the lethal injection.
The morning read for Friday, April 22
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].
In lawsuit against Google involving ISIS recruitment videos, a chance for the court to take up Section 230
This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether federal law protects Internet platforms when their algorithms target users and recommend content, in a case alleging that Google aided ISIS’s recruitment through YouTube videos.
Justices will clarify how death-row prisoners can contest a state’s method of execution
The Supreme Court doesn’t care all that much for method-of-execution challenges. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment.
The morning read for Thursday, April 21
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 invoke practical considerations, legislative expectations, and more in veterans’ benefits case
The justices on Tuesday delved into a dispute that may seem abstract: How should the “clear and unmistakable error” standard apply when military veterans seek to overturn certain decisions that denied them disability benefits?
Excluding Puerto Rico from safety-net benefits doesn’t violate Constitution, court says
Residents of Puerto Rico and other U.S. territories do not have a constitutional right to receive certain federal benefits that the government provides to people who live in the 50 states, the Supreme Court ruled on Thursday in an 8-1 decision.
In Austin sign spat, court declines to strike down billboard regulation under First Amendment
The Supreme Court on Thursday ruled that a city ordinance that treats signs differently depending on whether they have a connection to the site where they are located is content-neutral – that is, it does not regulate speech based on content – and therefore not subject to strict scrutiny, the most stringent constitutional test.
Family seeking to recover Nazi-stolen art notches small victory — but still might not get the painting back
The Supreme Court held on Thursday that in lawsuits brought against foreign sovereigns or their instrumentalities under the Foreign Sovereign Immunities Act, courts must apply the same choice-of-law doctrines – to determine what substantive law governs the claim — that would apply to similar suits against private parties.
Court rules unanimously that tax deadline is subject to equitable tolling
On Thursday, the Supreme Court decided Boechler v. Commissioner of Internal Revenue in a unanimous opinion authored by Justice Amy Coney Barrett. As expected, the court held that equitable tolling can apply to a statutory time limit in tax cases known as “collection due process,” or CDP, cases.
Announcement of opinions for Thursday, April 21 (complete)
We live blogged as the court released opinions in Boechler v. Commissioner, United States v. Vaello Madero, Brown v. Davenport, Cassirer v. Thyssen-Bornemisza Collection Foundation, and City of Austin v. […]
Justices wrestle with mootness and intergovernmental immunity in Hanford workers’ comp case
It might not be easy to get to the merits of United States v. Washington. A funny thing happened on the way to oral argument: The state of Washington modified the 2018 workers’ compensation law at the center of the case, raising the prospect that there is no longer a live dispute for the justices to resolve.
In a dispute over the meaning of a procedural rule, justices seem settled: “Mistake” means “mistake”
Kemp v. United States was an unusual argument, as the justices seemed to come to the bench resolved to settle the case with an answer proposed by neither of the parties. Kemp asks the Supreme Court to interpret Rule 60(b), which is the rule that allows you to get relief from an incorrect judgment.
Court ponders constitutionality of disparate fees in business bankruptcy cases
Monday’s argument in Siegel v. Fitzgerald was a meandering exercise that shed little direct light on how the justices will dispose of this matter. As I explain below, my best guess is that the protracted questioning about what the court should do if it holds the challenged provision unconstitutional suggests that most of the justices are seriously considering that outcome.
The morning read for Wednesday, April 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].
Animal rights and the First Amendment, due process and a confession of error
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. We have a fair amount of movement on the relist rolls this week.
The morning read for Tuesday, April 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].
Can you sue the police for Miranda violations? Court will wrestle with rules, rights, and remedies for wrongs.
Miranda v. Arizona is one of the most significant Supreme Court decisions in American criminal procedure.