May 2022 Archive

The morning read for Tuesday, May 31

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 allow depositions of Texas lawmakers in Voting Rights Act lawsuit

The Supreme Court on Tuesday morning rejected a request from three Texas lawmakers to put off their depositions in lawsuits seeking to block redistricting legislation in that state. There were no dissents noted from the brief order, which clears the way for the depositions to go forward next month.

Divided court blocks Texas from enforcing social media law

The Supreme Court on Tuesday sided with the technology industry and blocked a controversial Texas law that bars large social media platforms like Facebook and Twitter from removing posts based on the viewpoints they express. The justices divided 5-4 in an ideologically scrambled vote.

Sex Abuse in the Church

The morning read for Friday, May 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].

Beards and Brady (i.e., religious freedom and criminal procedure)

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Georgia corrections can prevent a Muslim prisoner from growing an untrimmed beard in accordance with his religious beliefs, and whether defendants can only bring Brady claims for the prosecution’s failure to disclose exculpatory evidence if they meet a due diligence requirement.

Mass Shootings and the Law

The morning read for Thursday, May 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].

A capital case that tests the right to represent oneself at trial

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 two new cases to discuss this week — one unequivocal relist, and one kinda-sorta relist.

Justices decline to block Biden policy on social costs of greenhouse gases

The Supreme Court on Thursday rejected a plea from Louisiana and nine other states to bar federal agencies from considering the social costs of greenhouse gases as part of their decision-making process.

The morning read for Wednesday, May 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].

The morning read for Tuesday, May 24

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].

Courts may not “make up” new procedural rules to favor arbitration

In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts.

The morning read for Monday, May 23

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].

Entering the homestretch

Over the next six weeks the Supreme Court is poised to issue 35 opinions, on topics ranging from gun rights to religion and the EPA’s power to regulate greenhouse gases. Amy is joined by Steven Mazie of The Economist and SCOTUSblog’s James Romoser for a refresher on what’s at stake in those cases.

Defendants who delay can lose their chance to arbitrate, court rules in 9-0 decision

The Supreme Court on Monday unanimously ruled against a fast-food franchise owner in a procedural dispute over whether a wage-theft lawsuit belongs in federal court or in arbitration.

Divided court restricts prisoners’ ability to pursue claims that their lawyers were incompetent

Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision.

Justices grant no new cases; Breyer reiterates doubts about constitutionality of capital punishment

The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The court did not add any new cases to its docket for the 2022-23 term, nor did it seek the views of the federal government on any pending petitions.

Conservative majority hollows out precedent on ineffective-counsel claims in federal court

In Shinn v. Ramirez and Jones, two men on Arizona’s death row raised claims in habeas corpus proceedings that their trial attorneys were constitutionally ineffective – one for failing to investigate evidence suggesting his client could not have committed the crime, and the other for failing to investigate her client’s intellectual disability, which could have spared him the death penalty.

Announcement of orders and opinions for Monday, May 23 (complete)

We live blogged as the court released orders from the May 19 conference and opinions in Morgan v. Sundance and Shinn v. Ramirez. Click here for a list of FAQs about opinion […]

Non-unanimous acquittals and attorney-client privilege

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the justices’ decision to prevent non-unanimous convictions in Louisiana also prohibits Puerto Rico from authorizing non-unanimous acquittals, and whether a law firm can protect under attorney-client privilege communications for which legal advice was a significant, but not primary, purpose.

Making Sense of the Depp v. Heard Trial

The morning read for Friday, May 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].

Allegations of racial bias in a death penalty trial

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 had another week of complete turnover as Monday’s order list disposed of all the new relists discussed in our last installment.

The morning read for Thursday, May 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]. Here’s the Thursday morning read: Was it Ever Really Roberts’ Court?

Justices split over question of federal court review in immigration cases

In a 5-4 decision made on Monday, the Supreme Court held that federal courts lack jurisdiction to review factual findings made by the executive branch during deportation proceedings.

The morning read for Wednesday, May 18

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].

The morning read for Tuesday, May 17

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 Conversation with Chief Judge Sutton

The morning read for Monday, May 16

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].

Divided court curtails judicial review of factual questions in immigration proceedings

The Supreme Court on Monday limited the ability of federal courts to review certain factual findings in immigration proceedings that determine whether noncitizens will be deported or will be allowed to remain in the country.

Court sides with Ted Cruz and strikes down campaign-finance restriction along ideological lines

The Supreme Court on Monday struck down a federal campaign-finance law that limits how and when candidates can repay loans that they make to their own campaigns.

Justices grant review in two cases that test jurisdiction of district courts

The Supreme Court on Monday added two new cases, both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term.

Announcement of orders and opinions for Monday, May 16 (complete)

We live blogged as the court released orders from the May 12 conference and opinions in Patel v. Garland and Federal Election Commission v. Ted Cruz for Senate. Click here for a […]

Tech industry asks court to block Texas law that targets social media companies

Two technology trade groups came to the Supreme Court on Friday night, asking the justices to block a controversial Texas law that bars large social media platforms like Facebook and Twitter from moderating speech based on the viewpoints of their users.

Texas Social Media Law Goes to Court

The morning read for Friday, May 13

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].

Three American Samoans, in ask for birthright citizenship, answer Gorsuch’s call for a chance to overturn Insular Cases

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether people born in United States territories are entitled to birthright citizenship under the 14th Amendment.

Justices decline to block execution of Arizona man with schizophrenia

The Supreme Court on Wednesday allowed Arizona to execute a man who suffered from severe mental illness and, according to his lawyers, did not understand why the state wanted to put him to death.

The morning read for Thursday, May 12

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].

Supreme Court ethics bill advances out of House committee after party-line vote

Recent controversies aside, efforts to pass Supreme Court reform legislation have been in the works for years. Now ethics reform is drawing national attention as polls show that public confidence in the court is plummeting.

Challenges to administrative action and retroactive relief for prisoners

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 Wednesday, May 11

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].

The morning read for Tuesday, May 10

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].

Dobbs Fallout with a First Amendment Twist

The morning read for Monday, May 9

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].

International issues in criminal law: Extradition of El Chapo and extraterritoriality in Nigeria

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria.

The morning read for Friday, May 6

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].

Making Sense of the Supreme Court Leak Part II

The morning read for Thursday, May 5

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].