This Week’s Brief: January 20

The Court concluded its January sitting this week. It heard arguments in three cases, ranging from the Armed Career Criminal Act to contract and arbitration law to the Religion Clauses of the First Amendment. The Court issued no decisions, although Justice Breyer did pen a short statement relating to Monday’s orders list. Finally, the Court declined to expedite consideration of the twin “Obamacare” cases out of the Fifth Circuit Court of Appeals. Here’s your brief for the week of January 20.

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This Week’s Brief: January 13

The Justices returned from their holiday break for a busy week on the bench. The Court issued two opinions: a unanimous one from Justice Ginsburg in a bankruptcy case, and a unanimous per curiam one in an ERISA case. The Court added eight cases to this term’s docket and another case for next term. And the Justices heard five hours of oral argument, including in the high-profile “Bridge-gate” case from 2013. Here’s your brief for the Week of January 13.

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This Week’s Brief: December 16

As the holidays near, the Court officially met for the final time in 2019—and the decade. There were no decisions or oral arguments this week, only orders. The Justices added five new cases to its docket, bringing the total number of merits cases in O.T. 2019 to 67. They also denied review in City of Boise, Idaho v. Martin, an intriguing case from the Ninth Circuit about whether a law banning homelessness violates the Cruel and Unusual Punishment Clause of the Eighth Amendment. All in all, a quiet week for our nation’s highest court. Here’s your brief for the week of December 16.

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This Week’s Brief: December 9

Another busy, routine week for the Nine. The Justices decided two, admittedly-soporific cases. One concerned the statute of limitations in the Fair Debt Collection Practices Act, and the other required interpreting the attorney’s fees provision in the federal Patent Act. The Court concluded its December sitting by hearing oral argument in six cases, including a momentous Affordable Care Act case with nearly $12 billion at stake. The Justices also granted all three of President Trump’s tax returns cases, and Justice Sotomayor penned two opinions relating to denials of cert. Here’s your recap for the week of December 9.

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This Week’s Brief: December 2

The Supreme Court’s December sitting began this week with oral arguments in six cases. One of those cases concerns the first Second Amendment challenge to reach the Court in ten years. However, much of the discussion at oral argument pertained to mootness—that is, whether the case should be dismissed since it’s no longer really a live case. The Court also denied a stay of execution, added to its docket an intriguing First Amendment case out of Delaware, and declined to grant the Trump administration’s request to resume executing federal prisoners. Finally, Justice Ginsburg entered a one-week administrative stay in one of President Trump’s tax returns cases—the third one to reach the Supreme Court. Here’s your recap of what happened at the Supreme Court this past week.

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This Week’s Brief: November 25

Thanksgiving came early this week at the Supreme Court. The Justices issued their first decision of the term, a per curiam opinion in a campaign finance case. We also saw three opinions relating to Monday’s orders list: Justice Alito dissented from a denial of cert in a First Amendment defamation case, Justice Kavanaugh called for a revisitation of the Court’s nondelegation doctrine, and Justice Sotomayor seemed unnerved by a bizarre case of judicial bias out of Arkansas. The Justices also issued a temporary stay in one of President Trump’s tax returns cases. All this to start off the week of the best meal of the year—perhaps the Justices wanted to get their official work done in order to focus on food prep. At any rate, here’s a recap of what happened at the Supreme Court this week.

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Federal Friction and Federalism: President Trump’s Tax Returns Cases

Over the past few months, the U.S. House of Representatives and the Manhattan District Attorney have issued subpoenas for President Trump’s personal and corporate tax returns. Trump has fought the subpoenas vigourously, filing lawsuits to block the release of his tax returns and arguing that the subpoenas are unconstitutional. Those lawsuits have percolated through the federal courts; the D.C. Circuit Court of Appeals upheld the congressional subpoena, and the Second Circuit Court of Appeals upheld the District Attorney’s subpoena. Now Trump has appealed both decisions. Both lawsuits now sit before the Supreme Court and await action from the nine Justices. This article gives a comprehensive overview of both of Trump’s tax returns cases. I analyze the D.C. Circuit and Second Circuit’s opinions, issued before Trump’s appeal to the Supreme Court. I assess each parties’ arguments as they are now laid out in briefs filed with the Supreme Court. I lay out timelines for both cases and explain what the Supreme Court might do and when. Finally, I give my own thoughts on some of the critical legal questions the cases present.

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This Week’s Brief: November 18

With no cases scheduled for oral argument this week and no decisions yet, I almost expected the Court’s week to be relatively placid. Wrong prediction. President Trump has now steered both of his tax returns cases to the Supreme Court. (I’ll be writing a little post about these cases in the next few days.) Chief Justice Roberts temporarily stayed a mandate from the D.C. Circuit—which had directed Mazars, LLP to turn over Trump’s tax documents to two committees of the U.S. House of Representatives—to allow the full Court time to read both parties’ briefs and consider ways to deal with the tax return cases. In addition, we saw an opinion from Justice Sotomayor dissenting from a denial of cert, a cert grant for a lawsuit between three Muslim men and a number of FBI agents, and a press release about Justice Ginsburg’s health. Here’s your brief for the week of November 18.

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This Week’s Brief: November 11

The last week of oral arguments for the November sitting was one that certainly should grab your attention. The Justices heard arguments about the Trump administration’s push to rescind the Deferred Action for Childhood Arrivals program; a case involving a U.S. Border Patrol agent who shot and killed a Mexican teenager across the U.S.–Mexico border; a civil rights case between Comcast and an African-American who owns Entertainment Studios Network; and a case that could have significant ramifications in the world of bankruptcy law. In addition, the Court added three cases to its docket, including a blockbuster copyright dispute between Google and Oracle; declined a petition for a stay of execution; saw its newest Justice (Brett Kavanaugh) give his first public speech since a disputatious confirmation process; and received an appeal from President Trump concerning a subpoena for his personal tax returns. With all that, here’s your brief for the week of November 11.

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This Week’s Brief: November 4

The Justices heard arguments in six cases this week: a wildly complicated case that blends statutory interpretation with federal immigration law; a Fourth Amendment search and seizure case about traffic stops; two maritime cases, one of which actually concerns admiralty law while the other stems from the discovery of Blackbeard’s pirate ship (yes, you could say Blackbeard’s ship charted a course to the U.S. Supreme Court); a showstopper of an environmental law case; and an ERISA statutory interpretation case that, I admit, nearly put me to sleep. As an added bonus, the Court added a copyright case to its docket and denied a petition for a stay of execution. All in a week’s work for the Nine! Here’s your brief for the week of November 4.

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