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7 May 2020, 1:24 pm by Gabriel Chin
Although the government noted that the 9th Circuit here had deviated from “the normal course of party-driven litigation,” the certiorari petition and the merits brief focused on the meaning and application of substantive law. [read post]
30 Apr 2020, 5:01 am by Eugene Volokh
[We've filed a friend-of-the-court brief asking the Tennessee Supreme Court to review the case.] [read post]
29 Apr 2020, 9:16 am by Charlotte Butash, Margaret Taylor
Switching focus, Tatel then asks whether the courts could adjudicate a habeas petition, if Congress had its sergeant at arms arrest McGahn for refusing to comply with its subpoena. [read post]
29 Apr 2020, 6:03 am by Chris Wesner
. : : : Case No. 3:19-cv-00363 : : Judge Thomas M. [read post]
28 Apr 2020, 5:58 am by Jacquelyn Greene
Thomas Grisso et al., Juveniles’ Competence to Stand Trial: A Comparison of Adolescents’ and Adults’ Capacities as Trial Defendants, 27 L. [read post]
27 Apr 2020, 9:01 pm by Austin Sarat
The majority held that the case had been rendered “moot” when the city repealed the offending restriction on gun rights, but its three most conservative justices—Alito, Gorsuch, and Thomas—screamed foul.A close look at their dissenting opinion highlights the Court’s impending expansion of gun rights. [read post]
27 Apr 2020, 5:34 pm by Amy Howe
” On March 19, 2020, in response to the COVID-19 crisis, Pennsylvania Governor Thomas Wolf entered the order at the heart of the case, which requires the closure of the physical operations of all businesses that are determined to be non-life-sustaining. [read post]
27 Apr 2020, 3:15 pm by Josh Blackman
I checked the other current Justices who were elevated from the Circuit Court: Gorsuch, Sotomayor, Alito, Roberts, Breyer, Ginsburg, and Thomas. [read post]
27 Apr 2020, 11:13 am by Charlotte Butash
Following the panel decision, the House Judiciary Committee filed a petition for rehearing en banc, which the full court granted. [read post]
27 Apr 2020, 9:47 am by Amy Howe
Justice Samuel Alito dissented from today’s decision, in a 31-page opinion that was joined in full by Justice Neil Gorsuch and in large part by Justice Clarence Thomas. [read post]
27 Apr 2020, 7:56 am by Jonathan H. Adler
Justice Alito, joined by Justices Gorsuch and Thomas, dissented. [read post]
25 Apr 2020, 8:41 am by Elliot Setzer
And Setzer shared a Justice Department motion announcing it will file a petition for a writ of certiorari In re Application of the Committee on the Judiciary, the Judiciary Committee’s effort to obtain grand jury materials relevant to the Mueller Report. [read post]
23 Apr 2020, 1:08 pm by Jamie Markham
The superior court denied the petition, leading the defendant to file a petition for writ of certiorari in the Court of Appeals. [read post]
22 Apr 2020, 9:01 pm by Michael C. Dorf
Joining Justice Gorsuch in the majority were Justices Thomas, Ginsburg, Breyer, Sotomayor, and Kavanaugh, although Justice Thomas did not join any of Justice Gorsuch’s opinion and Justices Sotomayor and Kavanaugh each joined only in part. [read post]
22 Apr 2020, 6:06 am by John Elwood
Until this week, the court had granted only one petition since social distancing began (in a case brought by the most successful of petitioners, the federal government). [read post]
21 Apr 2020, 9:11 am by John Duffy
Iancu, the court read Cuozzo narrowly and held that the courts could review and overturn the agency’s attempt to institute review on some, but not all, issues presented in a petition to institute because another statute, outside of Section 314, indicated that the agency must make all-or-nothing choices in its institution decisions. [read post]
20 Apr 2020, 1:31 pm by Amy Howe
Thomas emphasized that the courts of appeals are divided on the question presented by Robinson’s petition. [read post]