May 26th, 2017 11:23 PM
The petitions of the day are: National Institute of Family and Life Advocates v. Becerra 16-1140 Issue: Whether the free speech clause or the free exercise clause of the First Amendment prohibits California from compelling licensed pro-life centers to post information on how to obtain a state-funded abortion and from compelling unlicensed pro-life centers to disseminate a disclaimer […]
May 26th, 2017 07:24 PM
In response to requests from the Supreme Court, Acting Solicitor General Jeffrey Wall this week filed 10 briefs expressing the views of the United States. The justices sometimes invite the federal government to weigh in when they are deciding whether to review a case on the merits and, although the federal government is not directly […]
May 26th, 2017 12:11 PM
Rachael K. Hinkle is an Assistant Professor of Political Science at the University at Buffalo, SUNY. Morgan Hazelton is an Assistant Professor of Political Science and Law (by Courtesy) at St. Louis University. Michael J. Nelson is an Assistant Professor of Political Science and Affiliate Law Faculty at Pennsylvania State University. In the modern Supreme […]
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May 26th, 2017 09:29 AM
John Elwood reviews Monday’s relists. The Supreme Court conducted an overdue spring cleaning this week, trimming half the relists from its rolls. But in the process, losers outnumbered winners bigly. Sure, it was a good day for patent nerds as the court granted in one-time relist SAS Institute Inc. v. Lee, 16-969, presenting the question […]
May 26th, 2017 08:08 AM
Reid Wilson reports for The Hill that Cooper v. Harris, in which the justices upheld a lower court’s ruling that North Carolina relied too heavily on race in drawing the boundaries of two congressional districts, “is being hailed as a victory for voting rights advocates — though some caution that the path ahead for Democrats fighting […]
May 25th, 2017 11:23 PM
The petition of the day is: 616 Croft Ave., LLC v. City of West Hollywood 16-1137 Issue(s): Whether a legislatively mandated permit condition is subject to scrutiny under the unconstitutional conditions doctrine as set out in Koontz v. St. Johns River Water Management District, Dolan v. City of Tigard and Nollan v. California Coastal Commission.
May 25th, 2017 05:21 PM
[UPDATED at 10:12 a.m. on Friday, May 26, to include a press release by Attorney General Jeff Sessions, who indicated that the Trump administration intends to ask the Supreme Court to step in.] A divided U.S. Court of Appeals for the 4th Circuit today largely upheld a federal district judge’s ruling blocking the implementation of […]
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May 25th, 2017 07:10 AM
At Governing, Alan Greenblatt discusses how the “’efficiency gap,’” which “works by looking at how many votes for one party are wasted,” may provide “the missing piece for complainants” seeking to “statistically prove intent when it comes to partisan gerrymanders” like the one at issue in Gill v. Whitford, a pending cert petition the justices […]
May 24th, 2017 11:23 PM
The petition of the day is: Santander Holdings USA, Inc. v. United States 16-1130 Issue: Whether foreign tax payments should be treated as “expenses” and thereby factored into a court’s pre-tax profitability calculation under the economic substance test.
May 24th, 2017 05:22 PM
In its conference of May 25, 2017, the court will consider petitions involving issues such as whether a state violates the 14th Amendment by denying married same-sex couples the same right afforded to married opposite-sex couples under state law to have the name of the birth mother’s spouse entered as the second parent on their […]