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May 2020 Archive

Showing 1–50 of 96 items published in May 2020, most recent first.

This week at the court

On Monday, the court released orders from the May 28 conference. The justices did not add any new cases to next term’s merits docket. The court also released opinions in Thole v. U.S. Bank, Nasrallah v. Barr, Banister v. Davis, Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment and GE Energy Power Conversion France v. Outokumpu Stainless USA.

ByKalvis Golde/May 31, 2020

Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, under what circumstances the foregone-conclusion exception to the Fifth Amendment privilege against self-incrimination might apply to the compelled production of passwords to encrypted electronic

ByAndrew Hamm/May 29, 2020

Friday round-up

At Law & Liberty (via How Appealing), John McGinnis worries that in two cases involving “the ability of presidential electors in the Electoral College to exercise their own legal discretion in the choice of President,” “the Court may do grave damage to originalism by suggesting that the bad

ByEdith Roberts/May 29, 2020

Thursday round-up

The latest episode of Bloomberg Law’s Cases and Controversies podcast “highlights an issue that’s been piling up on the high court’s docket: Qualified immunity, the legal doctrine that serves to shield law enforcement from liability even in the face of the most egregious allegations of civil rights

ByEdith Roberts/May 28, 2020

Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday the court denied, at least for now, “a request by the federal government to put a temporary hold on an order by a federal court that could lead to the release or transfer of over 800 inmates from a

ByEdith Roberts/May 27, 2020

Relist Watch: Looking for the living among the dead

John Elwood reviews Friday’s relists. A funny thing happened on Friday: The Supreme Court relisted cases for the next week’s conference, only one day following its previous conference. That may not seem like a big deal, but it’s the biggest change in the court’s relisting procedures in years.

ByJohn Elwood/May 27, 2020

Tuesday round-up

At AP, Mark Sherman reports that “Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has ‘pierced our illusion of certainty and control’ and he counseled the students to make their way with humility, compassion and courage in a world turned upside

ByEdith Roberts/May 26, 2020

No new grants today

This morning the Supreme Court issued orders from the justices’ private conference last week. The justices did not add any cases to their merits docket for next term, nor did they seek the views of the federal government in any new cases.

ByAmy Howe/May 26, 2020

This week at the court

On Monday, the court was closed for Memorial Day. On Tuesday, the court released orders from the May 21 conference. The justices granted no new cases for argument next term. On Thursday, the justices will hold their May 28 conference.

ByKalvis Golde/May 24, 2020

Friday round-up

Briefly: Mark Sherman reports for AP that “President Donald Trump won at least a temporary reprieve from the Supreme Court earlier this week in keeping secret grand jury materials from the Russia investigation away from Democratic lawmakers”; “[t]he president and his administration are counting on

ByEdith Roberts/May 22, 2020

Thursday round-up

Yesterday the Supreme Court granted the Justice Department’s request to block temporarily a lower court order requiring disclosure to the House Judiciary Committee of grand jury material from Robert Mueller’s investigation into Russian interference in the 2016 election.

ByEdith Roberts/May 21, 2020

Wednesday round-up

For The Washington Post (subscription required), Mark Berman reports that “Missouri on Tuesday carried out the country’s first execution amid the coronavirus pandemic, not long after the U.S. Supreme Court rejected a request to stop the lethal injection.” Katie Bart reports on the justices’ order denying Walter Barton’s request for a stay of execution for this blog.

ByEdith Roberts/May 20, 2020

Tuesday round-up

Yesterday the court issued a unanimous opinion in Opati v. Sudan, holding that the current version of the terrorism exception to the Foreign Sovereign Immunities Act allows punitive damages for preenactment conduct.

ByEdith Roberts/May 19, 2020

Status Quo Watch

John Elwood reviews this week’s relists. If these weeks in lockdown all are beginning to feel the same to you, you’re not alone: The torpor has spread to the relist rolls as well. This week, there was very little movement. There were no new relists.

ByJohn Elwood/May 19, 2020

Monday round-up

At ABC News, Devin Dwyer collects mostly positive reviews of the court’s recent livestreamed telephonic arguments, reporting that “[t]he coronavirus pandemic introduced America to its Supreme Court in action, and millions had reason to be riveted by what they heard.” At AP, Jessica Gresko offers

ByEdith Roberts/May 18, 2020

No new grants today

This morning the Supreme Court issued orders from the justices’ private conference last week. The justices did not add any new cases to their argument calendar for next term.

ByAmy Howe/May 18, 2020

This week at the court

On Monday, the court released orders from the May 15 conference, adding no new cases to the merits docket for next term. The justices released their opinion in Opati v. Sudan. On Thursday, the justices held their May 21 conference.

ByKalvis Golde/May 17, 2020

Friday round-up

Yesterday the court issued a unanimous decision in trademark case Lucky Brand Dungarees v. Marcel Fashions Group, holding that because Marcel is raising claims it did not raise in a previous suit between the parties, Lucky Brand is not precluded from raising new defenses.

ByEdith Roberts/May 15, 2020

Thursday round-up

Amy Howe analyzes yesterday’s arguments in Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots, for this blog, in post that first appeared at Howe on the Court.

ByEdith Roberts/May 14, 2020

Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids

ByEdith Roberts/May 13, 2020

Courtroom access: Where do we go from here?

Yesterday the Supreme Court heard oral argument in a set of cases that Deputy Solicitor General Jeffrey Wall, who argued on behalf of the federal government, described as “truly historic.” At issue was whether President Donald Trump could prevent the disclosure of his financial records, including his tax returns, to state prosecutors and congressional committees.

ByAmy Howe/May 13, 2020
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