May 20th, 2018 12:00 PM
On Monday the Supreme Court will release orders from the May 17 conference. There is a possibility of opinions. The justices will meet on Thursday for their May 21 conference; our list of “petitions to watch” will be available soon.
May 18th, 2018 06:00 PM
The petition of the day is: Home Depot U.S.A. Inc. v. Jackson 17-1471 Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in this case. This listing occurs without regard to the likelihood that certiorari will be granted. Issue: Whether, under the Class Action Fairness Act – which permits […]
May 18th, 2018 05:38 PM
In its conference of May 17, 2018, the court considered petitions involving issues such as whether the Sixth Amendment right to confrontation is violated when the trial court prevents a defendant from cross-examining a government witness regarding the mandatory life sentence he would have faced absent cooperation in order to prevent the jury from inferring […]
May 18th, 2018 01:33 PM
Here’s a quick quiz: When does 6 plus 1 not necessarily add up to 7? Counting vote totals can sometimes be a challenge at the Supreme Court, especially when the justices write separate opinions that take different forms and reach different conclusions. One example came earlier this week in the sports-betting ruling, Murphy v. National […]
The post SCOTUS for law students: Counting at the Supreme Court appeared first on SCOTUSblog.
May 18th, 2018 11:02 AM
John Elwood (finally) reviews Monday’s relists. We are about to hit a critical date as October Term 2017 draws to a close: “cutoff” – the date by which briefs in opposition (and court-invited amicus briefs from the solicitor general) must be received for the Supreme Court to act on them before the summer recess following […]
May 18th, 2018 07:00 AM
Briefly: At CNN, Joan Biskupic lists five reasons why Justice Anthony Kennedy may not retire this term, “beginning with the fact that he has always lived for this.” In the latest episode of the Heritage Foundation’s SCOTUS 101 podcast, Elizabeth Slattery and Tiffany Bates “review the RBG documentary and chat with SCOTUSblog’s Amy Howe”; they […]
May 17th, 2018 07:30 PM
The petition of the day is: World Programming Limited v. SAS Institute Inc. 17-1459 Issues: (1) Whether federal or state law governs the respect that must be accorded to the judgment of a foreign court in diversity cases; and (2) whether a district court’s decision on the merits of a claim becomes moot, and must be vacated, […]
May 17th, 2018 05:53 PM
Is Chevron deference unconstitutional? Congress, several justices and legal academics are debating the legitimacy of this decades-old principle of administrative law. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., decided over 30 years ago, the Supreme Court declared that courts must defer to a federal agency’s reasonable interpretation of ambiguities in the agency’s […]
The post Academic highlight: Hamburger and Siegel on the constitutionality of <em>Chevron</em> deference appeared first on SCOTUSblog.
May 17th, 2018 07:26 AM
At his eponymous blog, Michael Dorf explores the judicial politics at play in Monday’s decision in Murphy v. National Collegiate Athletic Association, in which the justices struck down the federal law that bars states from legalizing sports betting, that might “explain the liberal wing of the Court’s acceptance of the anti-commandeering doctrine.” At PrawfsBlawg, Rick […]
May 16th, 2018 08:00 PM
The petition of the day is: Arizona v. Rushing 17-1449 Issues: (1) Whether the Supreme Court of Arizona erred in holding that the introduction of a defendant’s past violent conduct in the penalty phase of a capital trial automatically requires that jurors be informed about the defendant’s parole ineligibility pursuant to the due process clause as interpreted […]