Showing 1–50 of 123 items published in October 2020, most recent first.
At the end of a busy week dealing with emergency requests on the court’s shadow docket, the justices are meeting Friday for a private conference. It is the first conference at which newly confirmed Justice Amy Coney Barrett will participate.
This article is part of a symposium previewing Fulton v. City of Philadelphia. Helen M. Alvaré is a professor of law at George Mason University’s Antonin Scalia Law School.
This week we highlight cert petitions that ask the Supreme Court to review, among other things, the Trump administration’s public-charge rule and the vacated death sentences of Dzokhar Tsarnaev, convicted for his role in the 2013 Boston Marathon bombing.
On Monday, Nov. 2, the Supreme Court will hear oral argument in U.S. Fish and Wildlife Service v. Sierra Club — a case that will define the bounds of the deliberative process privilege under the Freedom of Information Act.
This article is part of a symposium previewing Fulton v. City of Philadelphia. Lindsay See is solicitor general of the state of West Virginia, which joined an amicus brief on behalf of 13 states in support of the petitioners.
The Supreme Court on Wednesday afternoon rejected a request by Pennsylvania Republicans to fast-track their challenge to a ruling by the Pennsylvania Supreme Court that requires election officials to count mail-in ballots received within three days after Election Day.
The Supreme Court on Wednesday night rejected a request by the Trump campaign and North Carolina Republicans to intervene in a dispute over the deadline for mail-in ballots in North Carolina.
The Supreme Court made key decisions Wednesday in election disputes in two battleground states. The court declined to weigh in before the election on a Republican effort to eliminate a three-day extension of the absentee-ballot deadline in Pennsylvania, and the court also turned down a Republican effort to block a six-day extension of the absentee-ballot deadline in North Carolina.
This article is part of a symposium previewing Fulton v. City of Philadelphia. James A. Campbell is solicitor general of the state of Nebraska. He filed an amicus brief on behalf of Nebraska, Arizona and Ohio in support of the petitioners.
This article is part of a symposium previewing Fulton v. City of Philadelphia. Clare Kindall is the solicitor general for the state of Connecticut, which joined a multi-state amicus brief filed in support of Philadelphia.
John Elwood reviews Monday’s relists. It’s good to be the government. That’s the lesson of last week’s orders, in which the Supreme Court decided to review four cases, and the solicitor general was “topside” in three. The other relisted petitions were not so lucky.
The federal statutes that govern pay and benefits for railroad workers don’t often make for blockbuster decisions. But given their complexity, and their significance to hundreds of thousands of current and former railroad workers, these laws generate lots of litigation; and in recent years, more railworker cases than you might expect have found their way to the Supreme Court.
This article is the final entry in a symposium on the Supreme Court’s shadow docket. The Honorable Trevor N. McFadden is a judge on the U.S. District Court for the District of Columbia. Vetan Kapoor (@VetanKapoor) is a former law clerk to Judge McFadden.
Judge Amy Coney Barrett officially became Justice Amy Coney Barrett on Tuesday, and she starts work at a pivotal time as the court prepares to hear high-profile cases this month and considers several urgent election disputes.
Are we headed for another Bush v. Gore? What would that case even look like in 2020? What is happening with all of the coronavirus-related litigation coming up to the Supreme Court right now?
This article is the first entry in a symposium previewing Fulton v. City of Philadelphia. In the past five years, the Supreme Court has ruled that the Constitution guarantees a right to same-sex marriage and that federal employment discrimination laws protect LGBTQ employees.
This article is part of a symposium on the Supreme Court’s shadow docket. Shoba Sivaprasad Wadhia is associate dean for diversity, equity and inclusion and director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park.
The Supreme Court on Monday rejected requests from two groups of Wisconsin voters and the Democratic National Committee to reinstate modifications to election rules that a federal judge had ordered for the November election because of the coronavirus pandemic.
The Senate on Monday night confirmed Judge Amy Coney Barrett as the 115th justice of the U.S. Supreme Court and the fifth woman to serve on the court. The 48-year-old Barrett fills the seat previously held by Justice Ruth Bader Ginsburg, who died on Sept. 18 of complications from pancreatic cancer.
On Monday morning, after Air Force One landed in Allentown, Pennsylvania, for a campaign event, President Donald Trump was asked by the press pool whether he was planning a White House event to celebrate the presumed confirmation of Amy Coney Barrett to the Supreme Court. “Yeah, we’re going to see
Amy Coney Barrett will officially become the newest justice of the Supreme Court on Tuesday after being confirmed by the Senate 52-48 on Monday night.
On Thursday, Oct. 29, at 4:00 p.m. EDT, Election Law at Ohio State (partners on SCOTUSblog’s 2020 Election Litigation Tracker) will host a number of election law experts to discuss where things stand so close to the 2020 election, including pending appeals to and rulings by the Supreme Court over election procedure in key states.
Fred Schilling, Collection of the Supreme Court of the United States Amy Coney Barrett took the judicial oath Tuesday morning to become the Supreme Court’s 115th justice, joining the bench at a time when the court is being asked to rule on pressing issues related to next week’s presidential election.
This article is part of a symposium on the Supreme Court’s shadow docket. Ngozi Ndulue is senior director of research and special projects at the Death Penalty Information Center.
This article is part of a symposium on the Supreme Court’s shadow docket. Stephen Wermiel writes the “SCOTUS for law students” column for SCOTUSblog. He is a professor of practice at American University Washington College of Law, where he teaches constitutional law and a seminar on the Supreme Court.
The Senate is expected to confirm Judge Amy Coney Barrett to the Supreme Court on Monday, and the White House is planning an outdoor swearing-in ceremony that could occur as soon as Monday night.
On Friday, the justices will hold their October 30 conference.
Four days after the justices left in place a ruling by the Pennsylvania Supreme Court that requires election officials in that state to count mail-in ballots received within three days after Election Day, Nov. 3, Pennsylvania Republicans returned to the Supreme Court.
This article is part of a symposium on the Supreme Court’s shadow docket. Edward B. Foley holds the Ebersold chair in constitutional law at Ohio State University, where he also directs the election law program. His latest book is Presidential Elections and Majority Rule.
Yet another important dispute over election rules is up at the Supreme Court, as Republicans on Thursday asked the justices to issue an emergency order blocking an extension of the absentee-ballot deadline in North Carolina.
This week we highlight cert petitions that ask the Supreme Court to decide, among other things, the filing deadline for attorneys’ fees under the Individuals with Disabilities Education Act and whether Georgia’s burglary statute qualifies as a prior conviction under the Armed Career Criminal Act.
The Supreme Court on Wednesday night granted a request by Alabama election officials to allow them to ban curbside voting. The justices put on hold an order by a federal district judge that would have allowed counties to adopt curbside voting while the state appeals to the U.S. Court of Appeals for the 11th Circuit and, if necessary, the Supreme Court.
The Supreme Court on Wednesday night issued an emergency 5-3 ruling allowing officials in Alabama to reinstate a ban on curbside voting for the upcoming election.
Judge Amy Coney Barrett moved one step closer to becoming Justice Amy Coney Barrett on Thursday. In a hearing that Democratic senators boycotted, the Senate Judiciary Committee voted unanimously to send Barrett’s nomination to fill the vacancy created by the death of Justice Ruth Bader Ginsburg to the floor.
This article is the first entry in a symposium on the Supreme Court’s “shadow docket.” Near the end of two meandering days of questions at last week’s Senate hearings for Amy Coney Barrett, Sen. Richard Blumenthal (D-Conn.) asked a question that probably has never been asked at any other Supreme Court nomination hearing. “Are you aware of the Supreme Court’s – as it’s called – shadow docket?” he asked.
This article is part of a symposium on the Supreme Court’s shadow docket. Steve Vladeck (@steve_vladeck) is a professor of law at the University of Texas School of Law.
Two days after three judges on the U.S. Court of Appeals for the 4th Circuit urged them to “take this case up to the Supreme Court immediately,” the Trump campaign and North Carolina Republicans did exactly that, asking the justices to block an extension of the deadline for absentee ballots in that state to nine days after the election.
This article is part of a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. Ten years before Justice Antonin Scalia wrote the landmark Second Amendment opinion in District of Columbia v. Heller crystallizing the Constitution’s guarantee of the right to keep and bear arms as an individual right, he was welcoming a young clerk to chambers by the name of Amy Coney Barrett.
Here’s a round-up of Supreme Court-related news and commentary from around the web:
A deadlocked Supreme Court on Monday let stand a lower-court ruling that requires Pennsylvania election officials to count absentee ballots received within three days after Election Day, Nov. 3, even if they are not postmarked.
In a busy start to the week, the Supreme Court added three new cases to its docket and issued a 4-4 order in a closely watched case about Pennsylvania election rules.
On Wednesday, the Supreme Court heard oral argument in Pereida v. Barr, an effort by Clemente Pereida, who has lived in the United States without authorization for nearly 25 years, to avoid mandatory deportation by presenting evidence to an immigration judge that his deportation would cause exceptional and extremely unusual hardship to his United States citizen son.
The Supreme Court’s 2020-21 docket continues to slowly fill up. The justices announced late Friday that they will hear oral argument on Nov. 30 in Trump v. New York, a high-profile dispute over the Trump administration’s plan to exclude people who are living in the country illegally from the census-based population counts that are used to reapportion seats in the House of Representatives.
The Supreme Court announced on Monday morning that it would take up two cases arising out of the Trump administration’s effort to stem immigration through the United States’ border with Mexico.
The Supreme Court issued more orders on Monday from the justices’ private conference last week, adding three new cases to their merits docket for the term.
On Monday, the court released additional orders from the October 16 conference. The justices granted three cases for a total of three hours of oral argument, and called for the views of the federal government in one case.
On Tuesday, the Supreme Court heard argument in City of Chicago v. Fulton via phone. The issue in this case is a narrow statutory question about how two sections of the U.S. Bankruptcy Code interact. With the argument tightly focused on the text of the statute, there were few fireworks to report.