March 23rd, 2018 06:00 PM
The petition of the day is: American Economy Insurance Co. v. New York 17-1179 Issues: (1) Whether an amendment to state law violates the contracts clause of the U.S. Constitution when it transfers the substantial cost for certain claims under pre-existing insurance policies from employers to their insurance carriers, when those insurance policies reflect an agreement that […]
March 23rd, 2018 02:44 PM
Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Sveen v. Melin National Institute of Family and Life Advocates v. Becerra Upper Skagit Indian Tribe v. Lundgren
The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
March 23rd, 2018 10:53 AM
In October, the Supreme Court heard oral argument in a case alleging that Wisconsin’s Republican-controlled legislature had drawn the state’s redistricting plan to put Democrats at a disadvantage – a claim known as “partisan gerrymandering.” The plaintiffs challenging that plan argued that it violated their constitutional right to be treated equally under the law, but […]
The post Argument preview: For the second time this term, justices to take up partisan gerrymandering appeared first on SCOTUSblog.
March 23rd, 2018 07:16 AM
As the first week of the March argument session winds down, Susan Morse has this blog’s opinion analysis in Marinello v. United States, in which the court held on Wednesday that to convict a defendant of impeding the administration of the tax code, the government must prove that the defendant knew of or could have […]
March 22nd, 2018 06:27 PM
Today the Supreme Court dismissed Salt River Project v. Tesla Energy Operations Inc. at the request of the parties. The Supreme Court had granted certiorari in this case on the question of whether a district-court order denying antitrust state-action immunity may be appealed immediately, or only after a final judgment. The court initially set the […]
The post Court dismisses <em>Salt River Project v. Tesla Energy Operations</em> appeared first on SCOTUSblog.
March 22nd, 2018 05:30 PM
The petition of the day is: Dassey v. Dittmann 17-1172 Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case. This listing occurs without regard to the likelihood that certiorari will be granted. Issue: Whether the Wisconsin Court of Appeals unreasonably applied the Supreme […]
March 22nd, 2018 05:09 PM
In its conference of March 23, 2018, the court will consider petitions involving issues such as whether a state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), when the offense has been specifically interpreted […]
March 22nd, 2018 04:46 PM
The Supreme Court ruled yesterday in a 7-2 decision that the federal government must prove a “nexus” between a particular administrative proceeding and a taxpayer’s conduct in order to secure a conviction under the “omnibus clause” in Section 7212(a) of the Internal Revenue Code, which makes it a felony “corruptly or by force” to “endeavo[r] […]
The post Opinion analysis: A “nexus” requirement for the tax code’s obstruction felony appeared first on SCOTUSblog.
March 22nd, 2018 11:11 AM
John Elwood reviews Monday’s relists. All activity in Washington, D.C., may have ground to a halt because of snow, but the Supreme Court has entered a time of unparalleled productivity on the relist front. The court first thinned the relist ranks this week by granting review in Nielsen v. Preap, 16-1363, which like the recently […]
March 22nd, 2018 07:17 AM
The Supreme Court issued two opinions yesterday. In Ayestas v. Davis, the justices held unanimously that the lower court had applied too demanding a standard in determining when the funding of services for a criminal defendant in a capital case is necessary. Steve Vladeck analyzes the opinion for this blog, and Subscript has a graphic […]