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7 May 2020, 1:24 pm
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]
7 May 2020, 12:24 pm
(Justice Thomas concurred; I will address his opinion in another post). [read post]
6 May 2020, 4:11 pm
The USPTO petitioned and the Supreme Court granted certiorari. [read post]
30 Apr 2020, 5:01 am
[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
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
. : : : Case No. 3:19-cv-00363 : : Judge Thomas M. [read post]
28 Apr 2020, 10:24 am
My colleague Alan Gura filed this petition in November 2018. [read post]
28 Apr 2020, 5:58 am
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
The majority held that the case had been rendered “moot” when the city repealed the offending restriction on gun rights, but its three most conservative justices—Alito, Gorsuch, and Thomas—screamed foul.A close look at their dissenting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
” 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
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
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
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
Justice Alito, joined by Justices Gorsuch and Thomas, dissented. [read post]
25 Apr 2020, 8:41 am
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
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
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
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
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
Thomas emphasized that the courts of appeals are divided on the question presented by Robinson’s petition. [read post]