June 2022 Archive
Showing 1–50 of 114 items published in June 2022, most recent first.
The morning read for Thursday, June 30
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].
Returning regulation to the states, and predictable harms to health
This article is part of a symposium on the court’s decision in Dobbs v. Jackson Women’s Health Organization. Nicole Huberfeld is Edward R. Utley professor of health law at Boston University School of Public Health and professor of law at Boston University School of Law. “[T]he Constitution does not confer a right to abortion.
Justices will hear case that tests power of state legislatures to set rules for federal elections
The Supreme Court will take up a case from North Carolina next term that could upend federal elections by eliminating virtually all oversight of those elections by state courts.
Supreme Court curtails EPA’s authority to fight climate change
This article was updated on June 30 at 2:48 p.m. The Supreme Court on Thursday truncated the Environmental Protection Agency’s power to regulate greenhouse gases.
Divided court allows Biden to end Trump’s “remain in Mexico” asylum policy
This article was updated on June 30 at 4:53 p.m. The Supreme Court on Thursday handed the Biden administration a major victory, giving it the green light to end one of the Trump administration’s signature immigration programs: the controversial “remain in Mexico” policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. immigration court.
Jackson becomes first Black woman to serve on Supreme Court as Breyer steps down
Just after the court issued its final opinions for the term, Ketanji Brown Jackson was sworn in as the 104th associate justice of the Supreme Court. Jackson is the first Black woman to serve on the high court and the sixth woman justice.
“Clean-up” conference prompts three new grants, lots of separate writings
Before departing for the summer recess, the justices on Thursday issued orders from their private conference the day before.
Announcement of opinions for Thursday, June 30 (complete)
On Thursday, June 30, we live blogged as the court released opinions in West Virginia v. EPA and Biden v. Texas and orders from the June 29 conference. Click here for a […]
Justices reinstate Louisiana voting map that is being challenged under Voting Rights Act
A divided Supreme Court on Tuesday blocked a district court’s order that would have required the Louisiana legislature to draw new congressional maps, including a second majority-Black district.
The morning read for Wednesday, June 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].
Divided court revives military veteran’s employment lawsuit against Texas
In Torres v. Texas Department of Public Safety, the Supreme Court on Wednesday reversed a Texas court and held that a military veteran could proceed with a lawsuit against his former employer, the Texas Department of Public Safety.
In 5-4 ruling, court dramatically expands the power of states to prosecute crimes on reservations
On the second-to-last day of the 2021-22 term, the Supreme Court ruled 5-4 that Oklahoma — and all other states — possesses concurrent jurisdiction with the federal government over crimes committed by non-Indians against Indians in Indian country, wiping away centuries of tradition and practice.
Restoring the Founders’ right to bear arms
This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Bruen. Joseph Greenlee is the director of constitutional studies at FPC Law. It may have been Justice Clarence Thomas’s 74th birthday, but he was the one delivering gifts on June 23, 2022.
The right to fear, in public: Our town square after Bruen
This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Bruen. Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center.
The (likely) last grants of October Term 2021
This article was updated on June 29 at 4:20 p.m. 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.
Jackson will be sworn in on Thursday as Breyer steps down
Judge Ketanji Brown Jackson will be sworn in as the newest Supreme Court justice at noon on Thursday, June 30. She will become the first Black woman ever to serve on the court.
Divided court allows veteran to sue state-agency employer for violating his federal rights
In Torres v. Texas Department of Public Safety, a five-justice majority on Wednesday allowed a military veteran’s lawsuit against his former state-agency employer to go forward, rejecting the state’s argument that it was shielded by sovereign immunity.
Announcement of opinions for Wednesday, June 29 (complete)
We live blogged as the court released opinions in Torres v. Texas Department of Public Safety and Oklahoma v. Castro-Huerta. Click here for a list of FAQs about opinion announcements.
Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act
With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills.
The morning read for Tuesday, June 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].
Dobbs‘s history and the future of abortion and privacy law
This article is part of a symposium on the court’s decision in Dobbs v. Jackson Women’s Health Organization. Sherif Girgis is an associate professor of law at Notre Dame Law School. How does Dobbs‘s historical analysis fare against the dissent?
A eulogy to Roe
This article is part of a symposium on the court’s decision in Dobbs v. Jackson Women’s Health Organization. Radhika Rao is professor of law and Harry & Lillian Hastings research chair at U.C. Hastings College of Law in San Francisco.
The morning read for Monday, June 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]. Here’s the Monday morning read: Roe v. Wade Defined An Era. The Supreme Court Just Started A New One.
Justices side with high school football coach who prayed on the field with students
This article was updated on June 27 at 1:59 p.m. The Supreme Court on Monday ruled in favor of a high school football coach who lost his job because of his post-game prayers at the 50-yard line. By a vote of 6-3, the justices ruled that Joseph Kennedy’s conduct was protected by the First Amendment.
Divided court sides with government, cutting Medicare payments to safety-net hospitals
On Friday, in Becerra v. Empire Health Foundation, the Supreme Court had yet another chance to topple the Chevron doctrine, a stalwart of administrative law under which courts generally defer to federal agencies’ interpretations of ambiguous statutes.
Tantamount to nothing: Miranda “rights” can(not) be wronged
On Thursday, the Supreme Court released its opinion in Vega v. Tekoh, in which a 6-3 court held that a violation of Miranda v. Arizona does not provide a basis for civil damages under 42 U.S.C. § 1983.
A minor impact on gun laws but a potentially momentous shift in constitutional method
This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Bruen. Randy E. Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution.
Cherry-picked history and ideology-driven outcomes: Bruen‘s originalist distortions
This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Bruen. Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School.
Justices agree to hear technical bankruptcy case but won’t reconsider pillar of defamation law
At last Thursday’s conference, the justices considered several high-profile petitions for review, involving issues like New York’s vaccine mandate for health-care workers, whether to overrule the court’s landmark decision in New York Times v. Sullivan, and whether to take up a redistricting case from North Carolina that could upend federal elections.
Announcement of orders and opinions for Monday, June 27 (complete)
We live blogged as the court released opinions in Ruan v. United States, Concepcion v. United States, and Kennedy v. Bremerton School District. Click here for a list of FAQs about […]
Another gun case waits in the wings
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 Supreme Court overturns Roe v. Wade
On Friday, June 24, the court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not confer a right to abortion. Amy talks with abortion law scholar Mary Ziegler, professor of law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country.
Supreme Court overturns constitutional right to abortion
This article was updated on June 24 at 3:11 p.m. The Supreme Court on Friday eliminated the constitutional right to obtain an abortion, casting aside 49 years of precedent that began with Roe v. Wade.
The morning read for Friday, June 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].
A ruling that curtails the All Writs Act in habeas proceedings will be felt by state prisoners and federal courts
The Supreme Court in Shoop v. Twyford continued its sustained assault on efforts by prisoners to challenge their state-court convictions and sentences in federal court.
Demonstrators converge outside Supreme Court after Dobbs decision
Activists on both sides of the abortion debate gathered outside the Supreme Court on Friday after the court issued its decision overturning Roe v. Wade.
Announcement of opinions for Friday, June 24 (complete)
On Friday, June 24, we live blogged as the court released opinions in Becerra v. Empire Health Foundation and Dobbs v. Jackson Women’s Health Organization. Click here for a list of FAQs about opinion […]
In 6-3 ruling, court strikes down New York’s concealed-carry law
This article was updated on June 23 at 4:06 p.m. The Supreme Court on Thursday struck down a New York handgun-licensing law that required New Yorkers who want to carry a handgun in public to show a special need to defend themselves.
The morning read for Thursday, June 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].
The independent state legislature theory and more on jurisdiction
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. This week’s conference represents the Supreme Court’s last currently scheduled conference.
North Carolina Republican lawmakers win right to intervene in court and defend state’s voter-ID law
This article was updated on June 23 at 4:33 p.m. The Supreme Court on Thursday ruled that two Republican legislators in North Carolina can join a lawsuit to defend the constitutionality of the state’s voter-identification law.
A small, procedural win for prisoners challenging a state’s method of execution
On Thursday, a divided Supreme Court held that prisoners making Eighth Amendment challenges to a state’s execution method can proceed under 42 U.S.C. § 1983; they are not forced into federal habeas litigation that is procedurally doomed.
Announcement of opinions for Thursday, June 23 (complete)
On Thursday, June 23, we live blogged as the court released opinions in Berger v. North Carolina State Conference of the NAACP, Nance v. Ward, Vega v. Tekoh, and New York State […]
The morning read for Wednesday, June 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].
Justices overturn Washington workers’ compensation law on a strict reading of intergovernmental immunity
The Supreme Court on Tuesday unanimously struck down a Washington state law that was aimed at helping federal contract employees get workers’ compensation for diseases arising from cleaning up nuclear waste.