May 2021 Archive

The morning read for Friday, May 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].

Habeas restrictions, copyright and the potential return of the “community caretaking” exception

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. After the Supreme Court’s spring cleaning last week, the justices were down to just two relists on their rolls.

Unanimous court rejects district court discretion to reduce appellate cost awards

Thursday’s decision in City of San Antonio v. Hotels.com crisply resolved 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.

First Amendment questions and California arbitration battles

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX

“Basically optimistic” Breyer on American government, missing RBG

Justice Stephen Breyer extolled the virtues of civics education and reaching out across ideological divides, arguing on Friday that when enough people want their elected officials to work together, they will do so.

Supreme Court’s Pipeline Problem

The morning read for Thursday, 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].

Justices reject district courts’ discretion to reduce appellate cost awards

The Supreme Court on Thursdayclarified a technical question of civil procedure that can arise when a party seeks to recoup certain litigation costs after a successful appeal.

Announcement of opinions for Thursday, May 27 (complete)

We live blogged on Thursday, May 27, as the court issued its decision in San Antonio v. Hotels.com. Click here for a list of answers to FAQs about opinion announcements.

The morning read for Wednesday, 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].

Lyle Denniston on the current state of the court

Lyle Denniston, a 60-year veteran of the Supreme Court press corps, returns to SCOTUStalk to assess how the court’s ideological balance has shifted this term, whether Clarence Thomas will keep talking during oral arguments next term, and whether Stephen Breyer will retire.

Court puts relief for Oklahoma inmate on hold amid uncertainty about scope of McGirt

The Supreme Court on Wednesday granted a request by Oklahoma to allow the state to retain custody of a death-row inmate while the court considers whether to clarify the implications of last year’s decision holding that Oklahoma lacks jurisdiction over certain crimes committed on land reserved for Native Americans.

Refreshing unanimity in court’s interpretation of Superfund law

Just four weeks after hearing oral argument, the Supreme Court on Monday issued a refreshingly clear, unanimous decision in Guam v. United States. In an opinion by Justice Clarence Thomas, the court held that Guam could seek contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump, a site on the island that the Navy created and used for decades.

The morning read for Tuesday, 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 Monday, 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].

Court rejects non-citizen’s challenge to “unlawful re-entry” charge

The Supreme Court on Monday unanimously ruled against a non-U.S. citizen who was contesting his indictment for unlawful re-entry into the country. The case, United States v. Palomar-Santiago, involved Refugio Palomar-Santiago, a Mexican citizen who obtained lawful permanent residency in the United States in 1990.

Unanimous court revives Guam’s Superfund claim against U.S. Navy

The Supreme Court on Monday sided with Guam in its dispute with the federal government over the cleanup costs of toxic waste on the island. Justice Clarence Thomas wrote the opinion for a unanimous court just four weeks after oral argument in the case.

Justices won’t hear Missouri inmate’s request to choose firing squad over lethal injection

Over the objection of the court’s three liberal justices, the Supreme Court on Monday turned down a request from a Missouri death-row inmate who is contesting the state’s method of lethal injection and wants to propose the firing squad as a more humane method of execution.

Court rejects non-citizen’s challenge to criminal re-entry charge

The Supreme Court on Monday unanimously ruled against a non-U.S. citizen who was contesting his indictment for criminal re-entry into the country. The case, United States v. Palomar-Santiago, involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990.

Announcement of orders and opinions for Monday, May 24 (complete)

We live blogged on Monday, May 24, as the court released orders from the May 20 conference and opinions in United States v. Palomar-Santiago and Guam v. United States. Click here for a […]

The morning read for Friday, May 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].

More warrantless searches, more abortion and more Second Amendment

This week we highlight petitions that ask the Supreme Court to consider, among other things, the level of suspicion required before the government can search electronic devices at the border, whether New York can require the Roman Catholic Diocese of Albany to cover abortion in its employee health care plan, and whether New Jersey’s ban on certain firearm magazines violates the Second or Fifth Amendments.

A ‘Watershed’ Rule

An alarmist take on the Supreme Court’s agenda

A review of Ian Millhiser, The Agenda: How a Republican Supreme Court Is Reshaping America (Columbia Global Reports 2021) In The Agenda: How a Republican Supreme Court Is Reshaping America, Vox senior correspondent Ian Millhiser offers an engaging, accessible and well-informed statement of progressive anxieties about what the Supreme Court’s newly strengthened conservative majority may do.

The morning read for Thursday, 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].

The morning read for Wednesday, 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 Wednesday morning read: Anti-Abortion Activists Had A Plan To Get To The Supreme Court.

No new relists, but you should read anyway

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. I will be the first to admit: Relist Watch has a deeply ingrained preference for things new.

Biden’s commission on court reform kicks off

President Joe Biden’s Supreme Court commission met publicly for the first time on Wednesday.

Justices decline to postpone Texas execution

This article was updated on May 19 at 8:35 p.m. The Supreme Court on Wednesday declined to block the execution of Quintin Jones, a Texas man who was sentenced to death for the 1999 murder of his great-aunt, Berthena Bryant.

On Tax Day, unanimous court green-lights company’s lawsuit against IRS

The Supreme Court on Monday issued its opinion in CIC Services v. Internal Revenue Service. The case involved whether the Anti-Injunction Act, which generally prohibits lawsuits “for the purpose of restraining the assessment or collection of any tax,” bars pre-enforcement review of an IRS administrative notice aimed at gathering information regarding certain suspected tax shelter transactions.

The morning read for Tuesday, 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].

Supreme Court Takes Mississippi Abortion Case

The morning read for Monday, 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]. Here’s the Friday morning read: Should schools be able to punish students for speech on social media?

Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade

The Supreme Court on Monday set the stage for a major ruling next year on abortion – one that could upend the Supreme Court’s landmark decisions in Roe v. Wade and Planned Parenthood v. Casey, in which the court ruled that the Constitution protects the right to have an abortion before a fetus becomes viable.

Justices divided on retroactive application of jury-unanimity rule

The Supreme Court on Monday ruled by a vote of 6-3 that inmates whose convictions became final before last year’s decision in Ramos v. Louisiana, holding that the Constitution’s Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts, cannot take advantage of it on federal collateral review.

In unanimous Fourth Amendment ruling, a reminder that there is, in fact, no place like home

Update (May 18, 8:15 p.m.): This article has been expanded with additional analysis. On Monday, the Supreme Court released its opinion in Caniglia v. Strom, which unanimously held that a lower court’s extension of Cady v. Dombrowski‘s “community caretaking” exception into the home defied the logic and holding of Cady, as well as violated the Fourth Amendment’s warrant requirement.

Court revives federal appeal for oil and gas companies in climate-change case

The Supreme Court on Monday gave a major boost to a group of oil and gas companies that are seeking to stay out of state court and defend a lawsuit against them in federal court instead.

Court dismisses abortion “gag rule” cases, adds arbitration and habeas cases to docket

The Supreme Court’s announcement that it would take up a challenge to Mississippi’s ban on abortions after the 15th week of pregnancy (covered in a separate article here) dominated coverage of Monday’s orders.

Announcement of orders and opinions for Monday, May 17 (complete)

We live blogged on Monday as the court released orders from the May 13 conference and opinions in Caniglia v. Strom, Edwards v. Vannoy, BP v. Mayor and City Council of Baltimore and CIC […]

The morning read for Friday, May 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]. Here’s the Friday morning read: Is Brett Kavanaugh Out for Revenge?

Transparency, resentencing and preemption questions

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether the First Amendment gives members of the public a right to obtain secret judicial decisions authorizing intelligence surveillance, the factors a judge must consider in resentencing under the First Step Act, and how federal employment and bankruptcy laws interact with and possibly preempt different state laws.

McKay Coppins Talks Kavanaugh

Arbitration (again), habeas (again), and excessive police force (again)

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.

Committee for Justice webinar on the end of the Supreme Court’s term

On Thursday, May 13, at 2 p.m. EDT, the Committee for Justice will host a webinar to discuss Justice Stephen Breyer’s possible retirement and the Supreme Court’s upcoming decisions at the end of the 2020-21 term, including cases on free speech online, voting rights and other issues.

The morning read for Thursday, 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].

On a new, conservative court, Kavanaugh sits at the center

The Supreme Court has issued opinions in roughly half of the cases it will decide this term, and so far Justice Brett Kavanaugh has emerged as the new “median justice” on a solidly conservative court.

The morning read for Wednesday, 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].

The morning read for Tuesday, 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 Costa Method

The morning read for Monday, 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].