November 20th, 2018 04:15 PM
This week we highlight petitions pending before the Supreme Court that address, among other things, the meaning of the phrase “law-abiding, responsible citizens” in District of Columbia v. Heller when determining whether a felon is entitled to lodge an as-applied challenge to the constitutionality of a felon disarmament law, whether a state law regulating pharmacy benefit managers’ drug-reimbursement rates […]
November 20th, 2018 01:20 PM
Carpenter v. Murphy has the Supreme Court once again reviewing the troubled history of the nation’s treatment of Native Americans. The specific question is whether the reservation once afforded the Creek Nation in what is now eastern Oklahoma remains a reservation for purposes of the Major Crimes Act. If it remains a reservation, then the […]
The post Argument preview: Justices to turn again to rules for disestablishing tribal reservations appeared first on SCOTUSblog.
November 20th, 2018 10:15 AM
In a series of decisions in the past decade, most recently 2017’s Hamer v. Neighborhood Housing Services of Chicago, the Supreme Court has distinguished jurisdictional rules from non-jurisdictional claim-processing rules. The distinction has been framed in consequential terms — a jurisdictional rule is mandatory and does not admit of equitable exception, suspending or extending the […]
The post Argument preview: Equitable tolling and appeals of class certification appeared first on SCOTUSblog.
November 20th, 2018 06:48 AM
Yesterday the justices issued additional orders from their conference last Friday; as expected, they did not add any cases to their merits docket. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Bloomberg Law, Jordan Rubin reports that the court “chose not to […]
November 19th, 2018 05:21 PM
When the justices return from their Thanksgiving vacation next week, they will hear oral argument in a would-be class action filed against the technology giant Apple by iPhone users. The iPhone users argue that Apple is violating federal antitrust laws by requiring them to buy apps only from Apple’s App Store, at inflated prices. But […]
The post Argument preview: Justices to consider whether antitrust lawsuit by iPhone users can go forward appeared first on SCOTUSblog.
November 19th, 2018 02:59 PM
The Roberts Court has shown two jurisprudential preferences. One is for protecting the freedom of speech, earning it a reputation as perhaps the most speech-protective Supreme Court in history. The other is for protecting law-enforcement discretion and power, especially against private suits for damages under 42 U.S.C. § 1983, earning criticisms from some who argue […]
The post Argument preview: Probable cause, retaliatory arrests, and the First Amendment appeared first on SCOTUSblog.
November 19th, 2018 01:53 PM
The age of big data is upon us. Data in law is ubiquitous, informative of past decisions and helpful in prognosticating future results. How we make use of this data is often a topic of debate. One view holds that large amounts of processed information can inform legal decision-making (Here are examples of how this […]
The post Empirical SCOTUS: Follow the experts in framing petitions for cert appeared first on SCOTUSblog.
November 19th, 2018 11:03 AM
The Supreme Court issued more orders this morning from the justices’ private conference last Friday. The justices had added two new cases to their merits docket for the term last week and were not expected to grant any more today – and they did not. Instead, the overwhelming majority of today’s orders denied review of […]
November 19th, 2018 09:20 AM
The First Mondays national tour continues! This week we’re live at Duke Law School, with not one but two great guest hosts: Professors Marin Levy and Steve Sachs. We catch up on recent SCOTUS news and talk through a recent set of opinions from the “shadow docket.” Then, as both of our guests are civil procedure experts, we […]
November 19th, 2018 07:10 AM
The Supreme Court added two cases to its docket on Friday, including In re Department of Commerce, et al., a dispute arising out of a challenge to the administration’s decision to include a question about citizenship on the 2020 census form; the court scheduled oral argument in the case for February 19, 2019. Amy Howe […]