April 2021 Archive
Showing 1–50 of 97 items published in April 2021, most recent first.
Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”
The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously.
The morning read for Friday, April 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].
Controlled substances, political ads and employee transfers
This week we highlight petitions that ask the Supreme Court to consider, among other things, whether doctors may argue “good faith” as a defense for violating the Controlled Substances Act in prescribing pain medication, whether the Philadelphia transit system can prohibit political advertisements
Justices weigh available defenses to criminal re-entry for certain immigrants
The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported.
The morning read for Thursday, 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].
Court rules against government on technical question of notice requirement in immigration law
The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings.
One new case, two issues of appellate procedure
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 of movement on the relist front this week.
Announcement of opinions for Thursday, April 29 (complete)
We live blogged on Thursday as the court released its opinion in Niz-Chavez v. Garland. This live blog was sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology. […]
Court wrestles with Superfund contribution puzzle
Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute.
The morning read for Wednesday, 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].
Whitehouse alleges “demonstrably false” fact-finding by conservative justices
Sen. Sheldon Whitehouse continued his effort this week to highlight what he views as problematic behavior by the Supreme Court.
Justices ponder narrow ruling in student speech case
The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school.
“Home stretch” at SCOTUS with Constitutional Accountability Center
On Thursday, April 29, at 12 p.m. EDT, the Constitutional Accountability Center will host a discussion on the events and decisions that have shaped the current Supreme Court term, and what to expect as we head toward its close.
The morning read for Tuesday, 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].
Eminent domain, sovereign immunity and a controversial pipeline through New Jersey
On Wednesday, the justices will hear argument in PennEast Pipeline Co. v. New Jersey. The case presents the question of what impact, if any, does the Natural Gas Act have on the sovereign immunity provided to the states through the 11th Amendment.
Student’s Snapchat sets up major ruling on school speech
In 1969, the Supreme Court ruled in Tinker v. Des Moines Independent Community School District that public school officials can regulate speech that would substantially disrupt the school’s work.
Two new tests of the court’s abortion jurisprudence
This week we highlight cert petitions that ask the Supreme Court to consider the constitutionality of two controversial abortion laws – and, more broadly, to clarify how lower courts analyzing abortion restrictions should apply last year’s fractured decision in June Medical Services v. Russo.
The morning read for Monday, 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].
Court to take up major gun-rights case
Over a decade after it ruled that the Second Amendment protects the right to have a handgun in the home for self-defense, the Supreme Court agreed on Monday to decide whether the Constitution also protects the right to carry a gun outside the home.
A clash over renewable fuels hinges on the meaning of a single word
On Tuesday, the Supreme Court will hear oral argument in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association. The case presents an issue of statutory interpretation involving the Renewable Fuel Standard program — a part of the Clean Air Act that calls for incorporating renewable fuels into transportation fuels.
Justices doubtful on California donor-disclosure requirement
The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors.
Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry
Non-U.S. citizens who are deported and later return to the United States can be prosecuted for criminal re-entry. In order for federal prosecutors to sustain a charge for criminal re-entry under 8 U.S.C. § 1326, they must prove the existence of a prior removal order adjudicated by a federal immigration agency.
Justices rebuff states’ request to reinstate public-charge rule, but leave door open for further litigation
The Supreme Court on Monday declined to immediately resolve an attempt by 14 states to revive litigation over a controversial Trump-era immigration rule after the Biden administration declined to defend it in court.
Justices add new cases on state secrets, free speech
The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home.
Justices to consider constitutionality of donor disclosure rule
The Supreme Court will close out its April argument session next week with two major First Amendment cases. On Wednesday, it will hear the case of a Pennsylvania student who was removed from her high school cheerleading team after posting offensive messages on social media.
Meandering argument sheds little light on mandatory awards of costs of appellate litigation
Wednesday’s argument in City of San Antonio v. Hotels.com considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party.
Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.
The justices explored possible ways to limit the doctrine of patent assignor estoppel during oral argument in Minerva Surgical Inc. v. Hologic Inc. on Wednesday. The doctrine works like this.
The morning read for Friday, April 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].
Is it too late for Guam to sue the Navy to pay for the cleanup of its dumpsite?
On Monday the Supreme Court will hear a dispute between the U.S. Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute.
Justices decisively reject imposing issue exhaustion on Social Security claimants
The Supreme Court on Thursday firmly rejected the government’s request that the court impose an “issue-exhaustion” requirement on Social Security claimants.
Justices unanimously reject FTC’s authority to compel monetary relief
My post summarizing the oral argument in AMG Capital Management v. Federal Trade Commission suggested that it didn’t go well for the FTC because even Justice Stephen Breyer was unreceptive to the broad authority the commission was claiming in its efforts to recoup money from businesses accused of deceiving consumers.
Justices wrestle with procedural issues stemming from their own federal criminal-law decision
If there was a dominant theme at Tuesday’s oral arguments in Greer v. United States and United States v. Gary, it was that the justices are struggling to draw boundaries around the circumstances in which federal criminal defendants are entitled to a new proceeding in the district court after the court of appeals has found “plain error” in the trial or plea hearing.
The morning read for Thursday, 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].
Justices reject issue-exhaustion requirement for Social Security claimants
The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements.
Unanimous court curtails FTC’s ability to obtain restitution for deceptive practices
The Supreme Court on Thursday unanimously ruled against the Federal Trade Commission in a dispute with a payday loan company over the extent of the commission’s authority to seek monetary restitution from companies engaged in deceptive practices.
Court upholds life-without-parole sentence for Mississippi man convicted as juvenile
This article was updated on Thursday, April 22, at 7:40 p.m. The Supreme Court on Thursday declined to impose new restrictions on the ability of states to sentence juveniles to life without parole, rejecting a challenge from a Mississippi man, Brett Jones, who was convicted of the 2004 stabbing death of his grandfather, a crime committed when Jones was 15.
Skepticism and the shadow of Chevron in Sanchez v. Mayorkas argument
The humanitarian stakes were indiscernible in Monday morning’s oral argument in Sanchez v. Mayorkas, which examined whether noncitizens who have been granted Temporary Protected Status are eligible for the statutory procedure known as “adjustment of status” in order to become lawful permanent residents.
Announcement of opinions for Thursday, April 22 (complete)
We live blogged on Thursday, April 22, as the court released opinions in Jones v. Mississippi, Carr v. Saul and AMG Capital Management v. Federal Trade Commission. This live blog was sponsored by Casetext: making […]
The morning read for Wednesday, 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].
Sovereign immunity, legislative censure and another habeas question
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 Supreme Court has 138 cases scheduled for review at this Friday’s conference.
The morning read for Tuesday, 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].
Justices to consider awards of costs of appellate litigation
Wednesday’s argument in City of San Antonio v. Hotels.com brings the justices a basic nuts-and-bolts question of civil procedure: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party.
Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention
This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. v. Hologic Inc. about whether to abolish the doctrine of patent assignor estoppel.
Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations
With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations.
The morning read for Monday, 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].
Pondering the aftermath of a landmark ruling in felon-in-possession cases
On June 21, 2019, the Supreme Court handed down its opinion in Rehaif v. United States, holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon.