This week at the Supreme Court: In Plain English
This post discusses the opinion in AT&T v. Concepcion, as well as the denial of cert. in Virginia v. Sebelius. It also discusses the value of oral argument.
April 2011 Archive
Showing 1–50 of 107 items published in April 2011, most recent first.
Opinion analysis: What counts as arbitration, and who decides?
In AT&T Mobility v. Concepcion, the Court held that states cannot require class proceedings to be available in arbitration.
Prop. 8: Hearing set on videotape issue (UPDATE)
The NInth Circuit refuses to decide a dispute on public access to the videotape of the Proposition 8 trial on same-sex marriage, instead referring it to a District judge. UPDATE THURSDAY: Federal judge sets a hearing on the issue.
Friday round-up
An interview with retired Justice Stevens; the lack of retirement rumors this spring; more on AT&T v. Concepcion
Stem cell research may go on: D.C. Circuit
The D.C. Circuit Court supports the Obama Administration view that Congress has not sought to ban all use of federal funds for any form of research on human embryos.
Opinion analysis: The many faces of judicial minimalism
On Tuesday, the Court issued its opinion in United States v. Tohono O’odham Nation.
Hear this week’s oral arguments
Audio recordings of this week’s oral arguments are now available.
Argument recap: Present, past, or sometime in between?
On Monday, the Court heard argument in McNeill v. United States.
Thursday round-up
The AT&T v. Concepcion decision and the final oral argument of the Term.
Argument recap: A crazy way to run a railroad?
On April 25, the Court heard oral argument in Erica P. John Fund, Inc. v. Halliburton Co.
Live Blog of opinions | 4.27.2011
Please click on this post to view our live coverage of the opinion(s) issued today
Wednesday round-up
A “lively” oral argument in Sorrell v. IMS Health, Inc. and a decision in United States v. Tohono O’odham Nation
Details on today’s opinion
Today the Court issued its opinion in AT&T Mobility v. Concepcion
Argument recap: Scalia guarding the slope
Hearing its final argument of the Term, the Court openly resists creating a new First Amendment right for legislators when they cast their votes on pending bills.
Today’s transcript
On Wednesday, the Court heard oral argument in Nevada Commission on Ethics v. Carrigan.
Argument preview: Ethics on the City Council
The Court, in its final oral argument of the Term, on Wednesday examines the free speech rights of members of elected legislatures, like a city council, when they vote on policy issues.
Prop. 8: Plea to throw out ruling
Backers of the Proposition 8 ban on same-sex marriage urge a federal judge to throw out the decision striking down that measure, arguing that the trial judge wrongly failed to disclose his own long-term gay relationship, and thus was not impartial.
Tuesday round-up
More on health-care litigation; Sorrell v. IMS Health
One decision: Tohono O’Odham Nation
The Court rules in one case, deciding a jurisdictional issue of the Court of Federal Claims. One or more opinions will come on Wednesday.
Argument recap: Yes, it’s about commercial free speech
The Court indicates in oral argument that it views a Vermont law seeking to curb the use of drug prescription data to sell brand-name drugs as an attack on corporate free speech.
Argument recap: The attorney-client privilege and government-administered trusts
At oral argument, the Court considers whether the government or the Jicarilla Apache Nation is the true client of the government attorneys who administer the trust established for the tribe.
Today’s transcript
On Tuesday, the Court heard argument in Sorrell v. IMS Health Inc.
Re-list (and hold) watch
John Elwood reviews Monday’s relisted and held cases.
Argument preview: What counts as a serious drug offense?
On Monday, April 25, the Court will hear oral argument in McNeill v. United States (No. 10-5258). In that case, it will consider whether the federal Armed Career Criminal Act defines a prior serious drug offense by the maximum sentence applicable at the time of the prior conviction, or instead by the maximum sentence presently applicable to that offense.
Monday round-up
Coverage of Sorrell v. IMS Health, Nevada Commission on Ethics v. Carrigan, and recent petitions and grants.
Court takes a pass on health care
The Court refuses Virginia’s plea for fast-track review of the constitutional challenge to the new health care law.
Clement quits firm, stays on DOMA case
Paul Clement resigns from his law firm, in a dispute over the defense of the federal law that bans benefits for same-sex married couples. He will remain on the case in federal court, with a new law firm.
Opinion analysis: Court allows suits by state agencies against state officials
On Tuesday, the Court issued its decision in Virginia Office of Protection and Advocacy v. Stewart.
This week at the Court
Significant dates in the coming weeks.
Last Week at the Court: In Plain English
This post covers last week’s two opinions. It also explains how opinions are circulated among the Justices and how and why Justices decide to “write separately.”
Listen to this weeks oral arguments
Audio recordings of this weeks oral arguments are now available.
Academic round-up
American Electric Power v. Connecticut, argued earlier this week, spurs debate over the role of the courts in addressing climate change.
Further evidence of shift in IFP policy
The Court’s denial of a clinic’s motion for appointment as counsel to an indigent party provides additional insight into the Court’s evolving treatment of in forma pauperis filings by clinics and perhaps law firms.
Friday round-up
More on oral argument in AEP and the decision in Sossamon; newsworthy cert. petitions.
Argument preview: How broad is the right to mine data?
The Court holds an argument on Tuesday on an Information Age constitutional question: how much protection the First Amendment provides for “data-mining” — the process of gathering billions of scraps of data, reprocessing that into meaningful information, and distributing it.
Thursday round-up
The Sossamon v. Texas decision, oral argument in United States v. Jicarilla Apache Nation, and more on Monday’s argument in American Electric Power Co, Inc. v. Connecticut.
Argument recap: Promoting rehabilitation through sentencing
On Monday, the Court heard oral argument in Tapia v. United States (No. 10-5400).
Prop. 8: Trial TV blackout permanent?
Backers of California’s Proposition 8 ban on same-sex marriage argue that the Supreme Court’s January 2010 ban on public broadcast of the trial in the case is a permanent ban, barring any public replay of the videotape.
Argument preview: Required showings for securities plaintiffs
On Monday, April 25, the Court will hear oral argument in Erica P. John Fund, Inc. v. Halliburton Co. (No. 09-1403). At issue is whether plaintiffs in securities fraud actions must establish loss causation at class certification by a preponderance of admissible evidence without discovery, as well as satisfy the requirements to trigger a rebuttable presumption of fraud on the market.
TV “indecency” case returns (UPDATED)
The Obama Administration asks the Court to revive its policy against live “fleeting expletives” and scripted nudity scenes on television programs — a policy nullified by an appeals court.
Live Blog of opinions | 4.20.11
Please click on this post to view our live coverage of the opinion(s) issued today
Wednesday round-up
The Justices give a “chilly reception” to the states in American Electric Power Co. Inc. v. Connecticut
Details on today’s opinion
Today the Court issued its opinion in Sossamon v. Texas.
Opinion recap: Higher legal wall shields states
The Court, over two dissents, bars prison inmates’ lawsuits seeking money damages from state governments for violating the prisoners’ rights under federal law to practice their religion behind bars.
Ohio vote recount allowed
The Court, acting on a Bush v. Gore sequel, refuses to block a partial recount of votes for a juvenile judgeship in Hamilton County, Ohio.
New reaction to Citizens United
The White House is considering issuing a presidential order to require companies bidding for government contracts to disclose their direct and indirect donations of money to try to influence congressional and presidential elections — a new reaction to the Court’s Citizens United ruling last year. If issued, it probably would be challenged in court.
Today’s transcript
Oral argument transcript: United States v. Jicarilla Apache Nation
House begins DOMA defense
The House of Representatives moves to begin its defense of the constitutionality of the federal law denying government benefits to same-sex couples who are legally married.
Live Blog of Opinions | 4.19.11
Please click on this post to view our live coverage of the opinion(s) issued today
Tuesday round-up
Coverage of yesterday’s order list and this week’s oral arguments.