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Symposium: The right to vote in peace

January 23rd, 2018 03:13 PM

Symposium: The right to vote in peaceJ. Gerald Hebert is the senior director for voting rights and redistricting at the Campaign Legal Center. American political campaigns are extended crescendos of vitriol. Passions and tempers run high. But at the end of all the viciousness, the citizens cast their votes. They have the right to do so in a place of peaceful […]

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Opinion analysis: Court wastes no time deciding that tolling provision stops the clockIn its first 5-4 merits decision of the term, the Supreme Court yesterday divided on the meaning of the federal supplemental jurisdiction statute’s tolling provision. Though the question presented was quite narrow and technical, the split in Artis v. District of Columbia exposes broader differences among the justices about the scope of federal power. In […]

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Symposium: Nothing undignified about political messaging — in America, we call that democracyRodney Smolla is dean and professor of law at Widener University Delaware Law School. The Supreme Court should strike down the Minnesota statute at issue in Minnesota Voters Alliance v. Mansky. The law provides, “A political badge, political button, or other political insignia may not be worn at or about the polling place on primary […]

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Tuesday round-up

January 23rd, 2018 07:33 AM

Tuesday round-upThe Supreme Court released its rulings in three cases yesterday, placating court-watchers frustrated by the slow pace of opinions this term. Mark Walsh has a “view” from the courtroom for this blog. Yesterday’s first opinion was in National Association of Manufacturers v. Department of Defense, in which a unanimous court held that challenges to the […]

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Petition of the day

January 22nd, 2018 08:53 PM

Petition of the dayThe petition of the day is: R. K. B. v. E. T. 17-942 Issue: Whether the Indian Child Welfare Act defines “parent” in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.

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Opinion analysis: Challenges to the WOTUS rule must begin in district courtThe federal government’s attempts to define the statutory phrase “waters of the United States” — and in turn, to establish the geographic reach of the federal government’s regulatory authority under the Clean Water Act — have repeatedly spurred litigation over the years. Most recently, when the Obama administration issued the “Clean Water Rule,” also known […]

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Justices add frog case to merits docket

January 22nd, 2018 03:02 PM

Justices add frog case to merits docketThis morning the Supreme Court issued additional orders from last week’s conference. On Friday, the justices announced that they would review Hawaii’s challenge to the most recent iteration of the president’s “travel ban.” Today the court granted review in an environmental-law case, Weyerhaeuser Co. v. U.S. Fish and Wildlife Service. The star of Weyerhaeuser’s case […]

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A “view” from the courtroom: Open for business, with a hiccupToday is the first weekday of the federal government shutdown, but few court-watchers are surprised that the Supreme Court is open for business. As Andrew Hamm reported for this blog on Sunday, the court operated as usual during the 2013 and 1995 government shutdowns, even conducting its entire two-week argument session in October of 2013. […]

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Opinion analysis: Police prevail in the case of “Peaches” and the partyAlmost 10 years ago, Theodore Wesby attended a party in the northeast section of Washington, D.C., that his own attorney would later describe as “raucous.” There were strippers offering lap dances, plenty of alcohol, people having sex upstairs, and (at least the smell of) marijuana. The celebration ended abruptly, however, when police received complaints about […]

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Justices to hear challenge to Minnesota voting dress code: In Plain EnglishIn 2010, Andrew Cilek went to his local polling place in Hennepin County, Minnesota, to vote. Cilek was wearing a T-shirt that had three different images on it: the Tea Party logo, the message “Don’t Tread on Me,” and an image of the Gadsden flag, which dates back to the American Revolution but is often […]

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