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February 2020 Archive

Showing 1–50 of 83 items published in February 2020, most recent first.

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether Congress’ omission of a mens rea for the offense of sexual assault by bodily harm means mere negligence as to the lack of consent suffices; whether the “self-executing” just compensation

ByAndrew Hamm/Feb 28, 2020

Friday round-up

Seila Law v. Consumer Financial Protection Bureau, a constitutional challenge to the structure of the CFPB that will be argued next week, is dividing commentators.

ByEdith Roberts/Feb 28, 2020

Relist Watch Select

John Elwood briefly reviews Monday’s relists. Because of the press of business, it will be another brief writeup today. The Supreme Court cleared out an enormous number of relists at the February 21 conference — its first conference in almost a month.

ByJohn Elwood/Feb 28, 2020

Thursday round-up

The court released three more opinions yesterday, all of them unanimous. In Holguin-Hernandez v. United States, the court held that a criminal defendant is not required to object formally to his sentence to preserve a challenge to the length of the sentence on appeal.

ByEdith Roberts/Feb 27, 2020

Wednesday round-up

The justices have one oral argument on their agenda this morning, in Lomax v. Ortiz-Marquez, about whether dismissal without prejudice for failure to state a claim counts as a “strike” under a federal statute that limits prisoners’ ability to file lawsuits without paying the filing fees.

ByEdith Roberts/Feb 26, 2020

Opinion analysis: Arguing for a shorter sentence preserves normal federal appellate review

In a succinct six-page opinion, the Supreme Court ruled today in Holguin-Hernandez v. United States that a federal criminal defendant who “advocates for a shorter sentence than the one ultimately imposed” has sufficiently preserved a claim on appeal that a longer sentence is unreasonable, thereby avoiding “plain error” review under Federal Rule of Criminal Procedure 52(b).

ByRory Little/Feb 26, 2020

Argument analysis: The trail, the pipeline and a journey to the center of the earth

Environmental groups faced a skeptical bench during Monday’s argument in two consolidated cases, U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association, as they fought to preserve a 2018 decision from the U.S. Court of Appeals for the 4th Circuit that had halted an $8 billion, 600-mile natural gas pipeline.

ByNoah Sachs/Feb 25, 2020

Tuesday round-up

Today the justices will hear argument in one case, United States v. Sineneng-Smith, which asks whether a federal law making it a crime to encourage or cause illegal immigration for financial gain violates the First Amendment. Gabriel Chin previewed the case for this blog.

ByEdith Roberts/Feb 25, 2020

Monday round-up

This morning the justices return to the bench for the February argument session. First on the agenda is the oral argument in U.S. Forest Service v. Cowpasture River Preservation Association, involving the power of the Forest Service to grant rights of way through lands traversed by the Appalachian Trail.

ByEdith Roberts/Feb 24, 2020

This week at the court

On Monday, the court released orders from the February 21 conference, granting one case — Fulton v. Philadelphia — for oral argument next term and calling for the views of the solicitor general in a pair of consolidated petitions.

ByKalvis Golde/Feb 23, 2020

Court allows Tennessee execution to go forward

Tonight the Supreme Court refused to block the execution of Tennessee inmate Nicholas Sutton, which is scheduled for 7 p.m. CST. Sutton was convicted of first-degree murder and sentenced to death for the 1985 stabbing death of Carl Estep, an inmate at the prison where Sutton was serving a life sentence for the murder of his grandmother.

ByAmy Howe/Feb 21, 2020

Friday round-up

As the justices reconvene today for their first private conference in several weeks, Kimberly Robinson reports at Bloomberg Law that “[t]he second half of the Supreme Court’s current term will be chock-full of high-profile arguments and blockbuster opinions, and court watchers say it’s going to be

ByEdith Roberts/Feb 21, 2020

Court releases April calendar

Today the Supreme Court released the calendar for its April argument session, the final argument session scheduled for this term. During the April session, which begins on April 20 and ends on April 29, the justices will hear eight hours of oral argument over six days.

ByAmy Howe/Feb 21, 2020

Thursday round-up

Court-watchers continue to focus on June Medical Services v. Russo, a high-profile abortion case to be argued on March 4.

ByEdith Roberts/Feb 20, 2020

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the constitutional right to counsel of choice extends to cases in which a criminal defendant’s assets are frozen as part of a parallel civil enforcement action; whether, under the due process

ByAndrew Hamm/Feb 20, 2020

Wednesday round-up

Greg Stohr reports at Bloomberg that “[t]he Consumer Financial Protection Bureau’s independence, designed by a Democratic-controlled Congress to insulate the agency from political pressure, now risks being its downfall,” as the court gets ready to hear argument in a constitutional challenge to the structure of the bureau, Seila Law v. CFPB.

ByEdith Roberts/Feb 19, 2020

Event announcement: “Repugnant Laws”: A book event with Keith Whittington

On Friday, February 21, at 9:00 a.m. ET, the American Enterprise Institute will host a discussion between Professors Adam White and Keith Whittington on Whittington’s recent book, “Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present,” a study of Supreme Court decisions on the constitutionality of acts of Congress.

ByKalvis Golde/Feb 19, 2020

Argument preview: Calling (PLRA) strikes

In 1996, Congress passed the Prison Litigation Reform Act, which tightened up prisoners’ access to federal civil litigation in many ways. The statute was written hurriedly, and rarely does a year go by without a Supreme Court decision addressing some issue of its interpretation.

ByMargo Schlanger/Feb 19, 2020

Tuesday round-up

Briefly: At HuffPost, Daniel Marans notes that “[e]xpanding the Supreme Court, an increasingly popular reform among some progressive activists, is not politically costly for Democrats, according to an academic survey commissioned by a group that supports the idea.” Veronica Stracqualursi reports at

ByEdith Roberts/Feb 18, 2020

Relist Watch: Special Memorandum Unit

John Elwood reviews recent guidance on cert-stage case scheduling On February 14, the Supreme Court Clerk’s Office released a valentine for the bar: a new, four-page memorandum addressing cert-stage pleadings and the scheduling of cases for consideration at the court’s periodic conferences.

ByJohn Elwood/Feb 17, 2020

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a plasma donation center is a “place of public accommodation” subject to the requirements of Title III of the Americans with Disabilities Act, whether laws mandating membership in a state bar

ByAndrew Hamm/Feb 14, 2020
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