October 2022 Archive

The morning read for Monday, Oct. 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 to consider Bank Secrecy Act penalties for failure to report foreign bank accounts

The argument Wednesday in Bittner v. United States presents a routine interpretative problem.

Trump asks court to block House committee from obtaining his tax returns

Former President Donald Trump asked the Supreme Court on Monday to block the disclosure of his federal income tax returns to a congressional committee.

Affirmative action appears in jeopardy after marathon arguments

In 2003, a divided Supreme Court ruled in Grutter v. Bollinger that the University of Michigan Law School could consider race in its admissions process as part of its efforts to assemble a diverse student body.

The court is poised to set jurisprudence on race for generations — and not just in affirmative action

Last term at the Supreme Court teemed with culture-war issues: guns, religion, climate change, COVID vaccines, and of course abortion. This term will be defined largely by just one: race.

On the narrow road to challenge a federal conviction, when is a vehicle “inadequate”?

On Tuesday, the justices will hear argument in Jones v. Hendrix, the latest in a string of cases that raise profound questions about the rights of prisoners who claim to be innocent to challenge their convictions.

A due-process claim from a man on death row hinges on how the justices view an Arizona procedural rule

On Tuesday, in Cruz v. Arizona, the Supreme Court will consider whether an Arizona rule of criminal procedure, Rule 32.1(g), precludes Arizona courts from applying federal law to a defendant’s case in post-conviction proceedings.

A guide to the amicus briefs in the affirmative-action cases

Nearly 100 amicus briefs were filed in Students for Fair Admissions v. the University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College, the cases questioning the use of affirmative action in undergraduate admissions at both public and private universities.

The morning read for Friday, Oct. 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].

On being original: Racial classifications and the fallacy of a certain strain of “progressive originalism”

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here.

Being race-conscious is a necessary and effective tool to address racism and discrimination — including for Asian Americans

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here.

The court should relegate racial discrimination in higher education to the dustbin of history

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here. Zach West serves as solicitor general for the state of Oklahoma.

School-board spat raises recurring question: Can government officials block you on social media?

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.

Chess World Vibes

The morning read for Thursday, Oct. 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].

In higher education and beyond, race-based policies stifle individualism and ultimately harm everyone

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here. Wen Fa is a senior attorney with Pacific Legal Foundation.

A business perspective: Diversity in university admissions is a compelling interest

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here.

The morning read for Wednesday, Oct. 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].

What constitutes “identity theft”?

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 installment will be brief, because there’s only one newly relisted case: Dubin v. United States.

In cases challenging affirmative action, court will confront wide-ranging arguments on history, diversity, and the role of race in America

In 2003, the Supreme Court ruled in Grutter v. Bollinger that universities may consider race in their admissions processes as part of their efforts to achieve diversity on campus.

Diversity by diktat: An obscure 1977 OMB memo forms the basis for today’s affirmative-action programs

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here.

The history of anti-Black discrimination in higher education and the myth of a color-blind Constitution

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here.

Chess Cheats and Hot Sauce

The morning read for Tuesday, Oct. 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].

Affirmative action comes to the Supreme Court

On Oct. 31, the Supreme Court will hear oral arguments in two cases challenging the race-conscious admissions programs of Harvard College and the University of North Carolina. Amy talks to lawyers on both sides of the dispute.

The morning read for Monday, Oct. 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].

The other Supreme Court ruling with big repercussions for U.S. health care

You know all about Roe. But have you heard about Ruan? Just three days after the thunderous ruling in Dobbs v. Jackson Women’s Health Organization, the Supreme Court issued another important decision on a pressing health care issue.

The morning read for Friday, Oct. 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]. Here’s the Friday morning read: Should Supreme Court Justices Have Term Limits?

In Puerto Rico horse-racing dispute, a looming question over independent contractors

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. In our modern gig economy, independent contractors constitute an increasingly large share of the American workforce.

Graham asks justices to block subpoena in election-interference probe

Update (Oct. 24, 12:45 p.m.): This article has been updated to reflect developments over the weekend and on Monday. Sen. Lindsey Graham, a Republican from South Carolina, asked the Supreme Court on Friday to block a Georgia grand jury from questioning him about phone calls after the 2020 election to Georgia Secretary of State Brad Raffensperger and his staff.

Where’s the Beef?

Barrett denies Wisconsin group’s request to block Biden’s student-loan relief plan

Update (Oct. 20, 6:15 p.m.): This article has been updated to reflect Justice Amy Coney Barrett’s action on Thursday evening. Justice Amy Coney Barrett on Thursday denied a Wisconsin taxpayers group’s bid to block the Biden administration’s student-loan forgiveness program while litigation over the program continues in a lower court.

Court denies mental incompetency plea in Oklahoma execution case

Update (Oct. 20, 11:15 a.m.): This article has been updated to reflect additional action by the court on Thursday morning. The Supreme Court on Wednesday declined to block the execution of an Oklahoma man with schizophrenia, rejecting a claim from his legal team that he does not understand the reason for his execution.

The morning read for Thursday, Oct. 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].

The morning read for Wednesday, Oct. 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].

The Jan. 6 Committee Subpoenas Trump

The morning read for Tuesday, Oct. 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].

December argument session will feature divisive cases on election law, First Amendment

The Supreme Court’s December argument session will feature two of the highest-profile cases of the 2022-23 term: a free-speech claim by a website designer who opposes same-sex marriage and a case involving the power of state legislatures to set rules for federal elections.

The morning read for Monday, Oct. 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].

Court declines to take up petition seeking to overturn Insular Cases

The Supreme Court will not reconsider the Insular Cases, a widely criticized and racist group of early 20th-century decisions holding that the residents of U.S. territories do not automatically enjoy all of the rights protected by the Constitution.

Justices debate whether Warhol image is “fair use” of photograph of Prince

Wednesday’s argument in Andy Warhol Foundation for the Visual Arts v. Goldsmith wandered widely, as the justices considered whether a famous set of images that Andy Warhol based on a 1981 photograph of Prince by the award-winning photographer Lynn Goldsmith were such a “fair” use of the photograph that Warhol’s successors can license them for commercial use without the permission of (or compensation to) Goldsmith.

The morning read for Friday, Oct. 14

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].

If a highly paid worker is paid by the day, are they entitled to overtime? Probably – for now.

On Wednesday, the Supreme Court heard oral argument in Helix Energy Solutions Group, Inc. v. Hewitt, a case about which highly paid employees may claim overtime pay.

With The Onion’s support, satirist asks court to revive lawsuit against police who arrested him

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 Case That Broke David’s Inbox

Reschedule Watch: Birthright citizenship and torts to members of the armed forces

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 update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists.

The morning read for Thursday, Oct. 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].

Court denies Trump’s request to intervene in Mar-a-Lago documents case

The Supreme Court on Thursday afternoon rejected a request from former President Donald Trump to allow a special master to review about 100 documents, marked as classified, that the FBI seized from Trump’s home. The ruling came in an unsigned one-sentence order; there were no dissents recorded.

Justices vacate lower court’s ruling in Pennsylvania ballot-counting case that is now moot

The Supreme Court on Tuesday invalidated a lower-court ruling in a Pennsylvania election dispute that the losing candidate conceded three and a half months ago.

The morning read for Wednesday, Oct. 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].