SCOTUSblog

The Supreme Court of the United States blog

Ask the author: Our Constitution says we must take this riskThe following is a series of questions prompted by the publication of Justin Driver’s “The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind” (Pantheon Books, 2018). As Driver observes, “cultural anxieties that pervade the larger society often flash where law and education converge.” And indeed, decisions arising from schools […]

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Tuesday round-up

October 16th, 2018 06:54 AM

Tuesday round-upYesterday the justices issued orders from last week’s conference, granting no new cases and taking no action on several high-profile cert petitions. Amy Howe covers the order list for this blog, in a post first published at Howe on the Court. At Bloomberg, Greg Stohr reports that the justices “rejected appeals from Sherwin-Williams Co. and Conagra Brands Inc., […]

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SCOTUS for law students: Remembering recent confirmation hearingsSupreme Court confirmation hearings in the Senate Judiciary Committee are not usually a place one looks for legacies. Yet a number of hearings have left their mark on the Supreme Court nomination process. Add the confirmation of Justice Brett Kavanaugh to that list. This column will consider examples from the confirmation of the late Justice […]

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Quiet day for orders

October 15th, 2018 11:39 AM

Quiet day for ordersThis morning the Supreme Court issued orders from the justices’ private conference last week – the first one in which the court’s newest justice, Brett Kavanaugh, participated. On Friday afternoon, the justices had announced that they had granted review in one new case, involving the application of the First Amendment to the private operator of […]

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OT2018 #3: “Ordinary Pinch”

October 15th, 2018 09:08 AM

OT2018 #3: “Ordinary Pinch”Judge Brett M. Kavanaugh is now Associate Justice Brett M. Kavanaugh, and so we’re back to a nine-member court. Since Will Baude is filling in as recurring guest host, we’ll take a look at the so-called “shadow docket” to see what the justices are up to outside of the courtroom. Then, we’ll get back to […]

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Monday round-up

October 15th, 2018 06:53 AM

Monday round-upOn Friday the court granted cert in one new case, Manhattan Community Access Corp. v. Halleck, which asks whether a private operator of a public-access TV channel is a “state actor” who can be sued for violations of the First Amendment. Amy Howe covers the grant for this blog, in a post that first appeared […]

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This week at the court

October 14th, 2018 12:00 PM

This week at the courtThe Supreme Court released additional orders from the October 12 conference on Monday. The court did not grant any new cases. The justices will meet next for their October 26 conference. The calendar for the November sitting, which will begin on Monday, October 29, is available on the court’s website.

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Relist statistics OT 2017: The relist rest stop offers a golden ticket to some, becomes a holding pen and dead end to othersFor four years running, we have pored over the prior term’s relists to give the readers of this blog a clearer idea of just what a relist means. When we began with this mind-numbing task after October Term 2014, a first relist meant that the ultimate odds of a grant were better than 50/50 — […]

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Justices take on one new case

October 12th, 2018 03:52 PM

Justices take on one new caseThe justices met today for their private conference – their first with the Supreme Court’s newest member, Justice Brett Kavanaugh. They announced only one new grant from that conference this afternoon, in a relatively low-profile but potentially significant case. In Manhattan Community Access Corp. v. Halleck, the justices agreed to review a ruling by the […]

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Petitions of the week

October 12th, 2018 03:43 PM

Petitions of the weekThis week we highlight petitions pending before the Supreme Court that address the statute of limitations that applies to relators in a qui tam action, the cause requirement to force entry into a home to arrest a suspect, and the question of whether the transformative use of a copyrighted work can be a cognizable market […]

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