Monday round-up
Last week’s oral argument in in Trump v. Hawaii, a challenge to the latest version of the Trump administration’s entry ban, continues to steal the limelight.
April 2018 Archive
Showing 1–50 of 101 items published in April 2018, most recent first.
OT2017 #23: “After Dark”
The Supreme Court finished up its final sitting of October Term 2017 last week, and the justices heard argument in several big cases in what is proving to be a hugely consequential term.
Justices add three new cases to next term’s docket
This morning the justices issued orders from their private conference last week. They added three new cases to their docket for next fall, but once again did not act on the government’s petition to nullify a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that cleared the way for an undocumented pregnant teenager to obtain an abortion.
Sotomayor to have shoulder surgery
The Supreme Court announced today that Justice Sonia Sotomayor, who injured her left shoulder in a fall at her home earlier this month, will undergo “reverse total shoulder replacement surgery” tomorrow morning.
This week at the court
On Monday the Supreme Court released orders from the April 27 conference. The justices added three cases to their merits docket for next term: Frank v. Gaos, Lamps Plus Inc. v. Varela and Bucklew v. Precythe. The justices will meet next for their May 10 conference.
Friday round-up
Court-watchers continue to parse Wednesday’s oral argument in Trump v. Hawaii, a challenge to the latest version of the Trump administration’s entry ban. Steven Mazie covers “this showdown over presidential power” for The Economist.
Now available on Oyez: This week’s oral argument audio aligned with the transcripts
Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Lucia v. Securities and Exchange Commission Pereira v. Sessions Chavez-Meza v. United States Abbott v. Perez Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd. Trump v. Hawaii (published Wednesday afternoon)
Thursday round-up
Yesterday the Supreme Court wrapped up its last session of the term with oral argument in one of this term’s marquee cases, Trump v. Hawaii, a challenge to the latest version of the Trump administration’s entry ban.
Ask the author: The people surrender nothing
The following is a series of questions prompted by the publication of Linda R. Monk’s “The Bill of Rights: A User’s Guide” (Hachette Book Group, 2018, 5th Ed.).
Petitions to watch | Conference of April 27
In its conference of April 27, 2018, the court will consider petitions involving issues such as whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause; whether the double jeopardy clause of the Fifth Amendment prohibits the federal government
Opinion analysis: Justices reject Patent and Trademark Office’s rules for partial consideration of petitions for inter partes review
The second of yesterday’s two patent decisions was SAS Institute v. Iancu.
Argument analysis: Redistricting again divides justices
The 2010 census brought good news for Texas. In the 10 years since the last census, it had gained nearly four million residents, which translated into four more seats in the U.S. House of Representatives.
Argument analysis: Justices seem ready to reject binding-deference rule for foreign law
When a case comes to the Supreme Court, the justices are usually interpreting U.S. laws – either the U.S. Constitution or a federal statute. But in today’s global economy, resolving cases brought under U.S. law in U.S. courts can also require an understanding of foreign laws.
Wednesday round-up
This morning the Supreme Court ends its last session of the term with a bang when it hears argument in Trump v. Hawaii, a challenge to the latest version of the Trump administration’s entry ban. Amy Howe had this blog’s preview, which was first published at Howe on the Court.
Argument transcript and audio
The Supreme Court has posted the audio and transcript of today’s argument in Trump v. Hawaii.
Argument analysis: Travel ban seems likely to survive Supreme Court’s review
It has been nearly 15 months since President Donald Trump first issued an order that banned travel to the United States by nationals of seven countries, all of which have overwhelmingly Muslim populations.
A “view” from the courtroom: An audience of luminaries for the final argument of the term
It’s a warm but drizzly day in Washington as people line up for the last argument of October Term 2017. Some have spent a night or two in the public line, while the well-connected have tickets.
Empirical SCOTUS
Empirical SCOTUS: To extend or not to extend
Occasionally someone will pose a question about Supreme Court practice to me that deals with an issue I haven’t examined. Recently I had one such interaction with John Elwood of Vinson & Elkins.
Now available on Oyez: Oral argument audio aligned with the transcript in Trump v. Hawaii
Oyez has posted the aligned audio and transcript from today’s oral argument in Trump v. Hawaii. The aligned audio and transcripts for the other arguments heard this week will be posted on Friday.
Afternoon round-up: Today’s oral argument in Trump v. Hawaii
Today the Supreme Court heard oral argument in Trump v. Hawaii, a challenge to the latest version of the Trump administration’s entry ban. Amy Howe has this blog’s analysis, which was first published at Howe on the Court.
Argument analysis: Justices skeptical of government’s reading of immigrant-removal provisions
Pereira v. Sessions, which was argued yesterday morning, implicates two questions, one narrow and one broad. The narrow question is a basic one of statutory interpretation.
Argument analysis: “Asking for crumbs” in judges’ explanations of sentencing modifications (Corrected)
Yesterday afternoon the Supreme Court heard argument in Chavez-Meza v. United States to resolve a circuit split about whether the district court must give any explanation for its decision in a sentencing modification proceeding under 18 U.S.C. § 3582(c)(2), and, if so, how full the explanation must be.
Tuesday round-up
This morning the justices will hear two hours of oral argument. First on the agenda is Abbott v. Perez, two complex redistricting cases from Texas that are consolidated for an hour of argument. Amy Howe had this blog‘s preview, which was first published at Howe on the Court.
Opinion analysis: Justices rebuff constitutional attack on administrative re-examination of patents
This morning brought decisions in both of the patent cases argued in November, with the government prevailing on the constitutional question raised in Oil States Energy Services v. Greene’s Energy Group, but losing on the statutory question presented in SAS Institute v. Iancu.
Opinion analysis: Court bars lawsuits against foreign corporations under Alien Tort Statute
Nearly seven years ago, the Supreme Court agreed to decide whether corporations can be sued under the Alien Tort Statute, an 18th-century law that allows foreigners to bring lawsuits in U.S. courts for serious violations of international human-rights laws.
Argument transcripts
The Supreme Court has posted transcripts of today’s oral arguments: Abbott v. Perez (case page at this link) Animal Science Products Inc. v. Hebei Welcome Pharmaceutical Co. Ltd. (case page at this link)
Live blog of opinions (Update: Completed)
We live-blogged this morning as the court released opinions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, SAS Institute Inc. v. Matal and Jesner v. Arab Bank, […]
Monday round-up
Today the Supreme Court kicks off its last week of oral arguments this term with arguments in three cases. The first is Lucia v. Securities and Exchange Commission, which asks whether SEC administrative law judges are “officers of the United States” within the meaning of the appointments clause.
OT2017 #22: “Cf. Everything”
We’re live at the University of Akron School of Law to preview the Supreme Court’s final—and perhaps its most important—sitting of October Term 2017. Come for our predictions on the travel-ban case, Trump v. Hawaii.
Justices grant review in Armed Career Criminal Act cases
This morning the Supreme Court added two new cases, consolidated for one hour of oral argument, to its docket for next term. Today’s grants mean that the justices will once again grapple with the Armed Career Criminal Act, which requires longer sentences for repeat offenders who commit crimes with guns and have been convicted of either violent felonies or serious drug crimes.
Argument analysis: Justices worry about politicizing administrative law judges
When the justices started their last week of arguments this morning with Lucia v. Securities and Exchange Commission, they were well aware of the implications the decision holds for the administrative state.
Argument transcripts
The Supreme Court has posted transcripts of today’s oral arguments: Lucia v. Securities and Exchange Commission (case page at this link) Pereira v. Sessions (case page at this link) Chavez-Meza v. United States (case page at this link)
A “view” from the courtroom: Rod Rosenstein’s brief respite from a rough-and-tumble world
The U.S. solicitor general’s office is particularly busy during this final week of argument, with the government appearing in each of the six cases being argued. Today, the justices will hear three cases in which the federal government is a party.
This week at the court
The Supreme Court released orders from the April 20 conference on Monday. The justices added two cases to their docket for next term, United States v. Stitt and United States v. Sims, consolidated for one hour of argument.
Friday round-up
At AL.com, Kent Faulk reports that “Alabama on Thursday night executed 83-year-old Walter Leroy Moody for the 1989 pipe bombing death of a federal judge,” and that Moody “became the oldest inmate executed in the United States since the return of executions in the 1970s.” For The Washington Post,
Now available on Oyez: This week’s oral argument audio aligned with the transcripts
Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Wisconsin Central Ltd. v. United States WesternGeco LLC v. ION Geophysical Corp. South Dakota v. Wayfair Inc. Lamar, Archer & Cofrin, LLP v. Appling Lagos v. United States Washington v. United States
SCOTUS Map: April 2018
Could Justices Sonia Sotomayor and Clarence Thomas be the new Scalia/Ginsburg? At an April 3 lecture at Vanderbilt Law, Sotomayor mused that Thomas was the justice “with whom I probably disagree the most.” However, The Tennessean quoted Sotomayor as saying, “I can stand here and say that I just love the man as a person.” Additional coverage comes from Vanderbilt University News.
Argument analysis: Justices look for middle ground on criminal restitution
The issue before the Supreme Court in Lagos v. United States is the interpretation of a restitution statute applied in tens of thousands of criminal sentencing hearings each year.
Argument analysis: Court debates standard for violating tribal fishing rights
In yesterday’s oral argument in Washington v. United States, the Supreme Court debated the scope of tribal fishing rights under 19th century treaties between the United States and northwest Indian tribes.
Petitions of the day
The petition of the days are: Apodaca v. Raemisch 17-1284 Issue: Whether clearly established Eighth Amendment law permits prison officials to permanently deprive a prisoner in solitary confinement of outdoor exercise without a security rationale.
Thursday round-up
For the Tribune News Service (via Governing), Bob Egelko reports on Sessions v. Dimaya, in which the court ruled on Tuesday that a portion of the criminal-removal provision in the Immigration and Nationality Act is unconstitutionally vague.
Petitions to watch | Conference of April 20
In its conference of April 20, 2018, the court will consider petitions involving issues such as whether the Eighth Amendment requires an inmate to prove an adequate alternative method of execution when raising an as-applied challenge to the state’s proposed method of execution based on his rare and
Relist Watch
John Elwood reviews Monday’s relists. April is a tricky time. By this late in the year, my skin is usually burned – although since I graduated from law school, that most often results from me setting the monitor contrast wrong. But there’s a new reason for my pallor this year.
Argument preview: Travel-ban challenge returns
On Wednesday, April 25, the justices will take the bench for the final oral argument scheduled for this term. Fittingly, the case on their docket that day is one of the biggest of the year: Trump v. Hawaii, the challenge to the latest iteration of President Donald Trump’s efforts to restrict travel to the United States by nationals from certain countries.
Opinion analysis: Justices reaffirm “look-through” presumption in federal habeas review of state-court decisions
When a state prisoner seeks to challenge his conviction through a federal habeas petition, the Antiterrorism and Effective Death Penalty Act of 1996 requires the federal courts to defer to the state court’s resolution of claims “adjudicated on the merits.” But what happens when the last state-court
Argument analysis: When neither baseball nor Vermeer analogies persuade the court
The Supreme Court showed no great interest in the bankruptcy problem at the heart of Lamar, Archer & Cofrin, LLP v. Appling, in which the court heard argument yesterday. From the beginning, the justices asked relatively few questions of either party.
Argument preview: Texas redistricting battles return to the court
Since October, the Supreme Court has heard oral argument in two major redistricting battles, involving allegations of partisan gerrymandering in Wisconsin and Maryland.
Wednesday round-up
There are two cases on the court’s argument docket this morning. The first is Washington v. United States, in which the justices will consider the scope of tribal fishing rights. Miriam Seifter previewed the case for this blog.
Argument transcripts
The Supreme Court has posted transcripts of today’s oral arguments: Lagos v. United States (case page at this link) Washington v. United States (case page at this link)