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9 Feb 2011, 10:38 am by Kevin Russell
Virginia’s plans to ask the Court to immediately review the constitutionality of the federal health-care overhaul legislation, as well as Justice Ginsburg’s recent statements suggesting that such a request is unlikely to succeed, are bringing attention to an obscure Supreme Court procedure called “certiorari before judgment. [read post]
5 Apr 2023, 11:17 am by Josh Blackman
Well, now it will be good that the Wisconsin Supreme Court does the same thing. [read post]
19 Oct 2011, 7:20 am
The Supreme Court heard oral argument on two consolidated cases, Florence v. [read post]
19 Oct 2011, 7:20 am
The Supreme Court heard oral argument on two consolidated cases, Florence v. [read post]
24 Apr 2018, 1:47 pm by Ronald Mann
First, three of the justices (Justice Stephen Breyer, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor) suggest that they would go much further in tolerating administrative innovation, emphasizing that the Supreme Court’s opinion says nothing about procedures in which “private rights” are “adjudicated [outside] Article III courts … by agencies. [read post]
30 Mar 2017, 4:01 am by Ronald Mann
The opinion of the court by Chief Justice John Roberts is squarely in the minimalist vein we have come to know so well, especially with the diminished eight-judge court we have had without Justice Antonin Scalia. [read post]
20 Jul 2023, 8:54 am by Eugene Volokh
From Pennsylvania Supreme Court Justice David Wecht's concurrence yesterday in Bert Co. v. [read post]
23 Feb 2018, 7:58 am by Amy Howe
Mansky, as well as at Howe on the Court, where it was originally published.] [read post]
3 May 2023, 11:49 am by Ilya Somin
      The post What I Hope to Learn from Justice Stevens' Papers on Kelo v. [read post]
23 Jan 2012, 2:33 pm by Kevin Johnson
On January 18, the Supreme Court heard oral arguments in Vartelas v. [read post]
7 Feb 2014, 2:29 pm by Ann Tweedy
Hicks, and Justice Kennedy's concurrence in the judgment and Justice Souter's dissent in United States v. [read post]
19 Jan 2017, 1:07 pm by Amy Howe
The first grant came in District of Columbia v. [read post]
10 Jul 2014, 7:02 am by Paul M. Secunda
  As a concurrence written by Justice Thomas points out, the case may well have come out differently if the employee, like a police officer, had a job description which did require him to testify under subpoena. [read post]
20 Jun 2011, 8:41 am by Steven G. Pearl
As anticipated, the Supreme Court of the United States this morning reversed the district court's order in Dukes v. [read post]