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10 Apr 2018, 3:53 am
At The National Law Journal (subscription or registration required), Tony Mauro notes that unlike some other federal courts of appeals, the Supreme Court “discounts the votes and opinions of justices upon death,” because “if a justice can make changes in an opinion up to the time it is issued, a justice’s death before then makes the opinion an unfinished product not suitable for being handed down. [read post]
4 Apr 2018, 4:29 am
At The National Law Journal (subscription or registration required), Tony Mauro reports that “[w]ithout explanation, the U.S. [read post]
3 Apr 2018, 4:36 am
” For The New York Times, Adam Liptak reports that Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, dissented, calling the decision “part of a disturbing trend of ‘unflinching willingness’ to protect police officers accused of using excessive force. [read post]
2 Apr 2018, 12:01 pm
Indeed, many in this latter group—their overarching goal is to relitigate (quite literally) the scope of the administrative state—explicitly call for “judicial engagement” rather judicial restraint.But Scalia, it is too little remarked, both shaped constitutional conservatism and was in turn shaped by it. [read post]
30 Mar 2018, 4:06 am
” At The National Law Journal (subscription or registration required), Tony Mauro reports that a “key patent infringement case will be argued April 16 before a full nine-member U.S. [read post]
20 Mar 2018, 4:32 am
” At the Election Law Blog, Edward Foley also weighs in on Benisek, maintaining that “insofar as extreme gerrymandering frustrates the biennial accountability of congressional elections that the Constitution contemplates, the Marbury duty calls upon the federal judiciary to invalidate that subversion of the constitutional design. [read post]
28 Feb 2018, 4:13 am
’s so-called anti-steering contracts for merchants … in a case the justices agreed could have major consequences for the antitrust world. [read post]
22 Feb 2018, 4:12 am
” Additional coverage comes from Jessica Gresko at the Associated Press, Robert Barnes for The Washington Post, and Tony Mauro and Marcia Coyle at Law.com. [read post]
8 Feb 2018, 4:35 am
” At Supreme Court Brief (subscription required), Tony Mauro and Marcia Coyle recap some of the justices’ doings during their February break “and look ahead to the marquee case of U.S. v. [read post]
2 Feb 2018, 4:20 am
At The National Law Journal, Tony Mauro reports that in the wake of research showing that that “since 2005—when the Roberts court began—85 percent of all law clerks have been white,” “[s]ome prominent minority lawyers have commented on why the numbers are so low, and what the court and others involved in clerkship recruiting should do about it. [read post]
1 Feb 2018, 4:41 am
” In an op-ed for The Sacramento Bee, Erwin Chemerinsky urges the Supreme Court to strike down the latest version of the Trump administration’s entry ban, which he calls “irrational in the countries it designates, illegal in violating a clear federal statute, and unconstitutional in discriminating on the basis of religion. [read post]
30 Jan 2018, 5:32 am
At LAWnLinguistics, Neal Goldfarb looks at Gorsuch’s “choice of dictionaries to cite in his Artis dissent,” which Goldfarb argues are “subject to some significant criticisms in terms of what might be called lexicographic relevance. [read post]
23 Jan 2018, 4:33 am
” Commentary comes from NFIB, which calls it “a good day for small business. [read post]
22 Jan 2018, 4:20 am
At The National Law Journal, (subscription or registration required), Tony Mauro confirms that “the court almost never closes when other agencies do. [read post]
9 Jan 2018, 4:32 am
” For The National Law Journal (subscription or registration required), Tony Mauro reports that during yesterday’s oral argument in an original jurisdiction case, Florida v. [read post]
21 Dec 2017, 4:35 am
” At CNN, Joan Biskupic reports that “Chief Justice John Roberts on Wednesday called for a review of the federal judiciary’s procedures for protecting court employees from misconduct. [read post]
13 Dec 2017, 4:10 am
United States, in which the justices will consider the limits of tax-law obstruction charges, noting that several justices “appeared to take the position that the government’s interpretation of the so-called omnibus clause in Section 7212(a) of the Internal Revenue Code may be too far-reaching. [read post]
5 Dec 2017, 4:21 am
Garza, “[t]he American Civil Liberties Union on Monday called ‘baseless’ the U.S. [read post]
22 Nov 2017, 4:03 am
At Supreme Court Brief (subscription required), Tony Mauro reports that “Deputy U.S. [read post]
14 Nov 2017, 4:13 am
” At Supreme Court Brief (subscription required), Tony Mauro reports that “[t]he U.S. [read post]
