A $12 Billion Tab: Weekly Brief for April 27

The Supreme Court handed down three decisions this week, each one consequential in its own regard. In the only Second Amendment case of the term, six Justices found the case to be, well, no longer a case—in other words, they dismissed it as moot and didn’t opine on the Second Amendment implications (see my in-depth analysis of the decision here [forthcoming]). Next, the Court slapped Congress and the Department of Health and Human Services on the wrist—along with a $12 billion tab due private insurers. Finally, a 5:4 majority barred legislators from copyrighting annotations they write to state laws. Here’s your brief for the week of April 27.

Read More »

An Earth Day Extravaganza: Weekly Brief for April 20

Earth Day was Wednesday, April 22. So it was only fitting that the Supreme Court decided its first environmental law cases of the term—two of them, in fact. One dealt with the process for cleaning up “Superfund” sites, and the other with point source pollution permits under the Clean Water Act. But the Court didn’t stop there; four more decisions were handed down: a landmark Sixth Amendment case, for which I wrote an in-depth analysis here; a complex immigration law case, for which you might need multiple cups of coffee and an abacus; and two intellectual property law cases, which, with all due respect, might be best read if you’re trying to fall asleep. Here’s your recap for the week of April 20.

Read More »

A Brave New World: Weekly Brief for April 13

Editor’s Note: In light of the COVID-19 pandemic, the Supreme Court remains closed to the public. The building is open for official business only. Some March and April oral arguments have been rescheduled for teleconference in May, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and opinions continue to be issued as scheduled, but the Justices will not take the bench.

The Supreme Court is entering a Brave New World (putting aside Aldous Huxley’s unnerving depictions of a utopian future). On Monday, the Court announced that it will hear oral arguments via teleconference in ten cases that had originally been postponed due to COVID-19. In the process, the Court will make the argument’s audio live to the entire American public for the first time in history. This week’s brief is short, but it details the Court’s symbolic gesture.

Read More »

This Week’s Brief: April 6

Editor’s Note: In light of the COVID-19 pandemic, the Supreme Court remains closed to the public. The building is open for official business only. March and April oral arguments have been postponed, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and opinions continue to be issued as scheduled, but the Justices will not take the bench.

This week, the Justices released opinions in two argued cases. One was a win for older federal employees who allege age discrimination in the workplace. The other was a narrow win for police officers in a Fourth Amendment case. But what really made headlines this week was the Court’s wading into the furor surrounding the Wisconsin state primary election. The five conservative Justices voted to overturn a lower court judge’s order to extend the deadline for mailing absentee ballots. This decision may raise some eyebrows—or perhaps even the stomach contents—of some readers. But I would advise you to read before delivering judgment; don’t be so quick to blame the Court.

Read More »

This Week’s Brief: March 30

Editor’s Note: In light of the COVID-19 pandemic, the Supreme Court remains closed to the public. The building is open for official business only. March and April oral arguments have been postponed, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and opinions continue to be issued as scheduled, but the Justices will not take the bench.

This week saw a lighter load for the Justices. They issued one opinion (from Justice Sotomayor) in a case that blends maritime and contract law and released an orders list in which they added one case to next term’s docket. Oral arguments that had been scheduled for this week did not take place, postponed out of caution for the health and safety of the Court’s employees. The Court also announced further changes in light of COVID-19: Oral arguments scheduled for the April sitting have been postponed too. The Court stated it will consider rescheduling some cases from the March and April sittings toward the end of June, but only “if circumstances permit in light of public health and safety guidance at that time.” Otherwise, it will be looking at a stunted oral argument calendar and a lengthy layover until O.T. 2020. Here’s your brief for the week of March 30.

Read More »

This Week’s Brief: March 23

Editor’s Note: In light of the novel coronavirus pandemic, the Supreme Court remains closed to the public. The building is open for official business only. March oral arguments have been postponed indefinitely, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and Opinions are still being issued as scheduled, but the Justices will not take the bench.

Another somber week followed the last. What was supposed to be the start of the March oral argument session was instead marked by empty gallery seats and closed doors. In response to the ongoing spread of COVID-19, the Court postponed oral arguments, issued orders and opinions in private, and conducted its own weekly conference over the phone. As for its opinions, the Court released four of them. The opinions came in cases ranging from one that interestingly blends copyright infringement, state sovereign immunity, and a pirate ship (I reviewed the case for the blog here); to Kansas’ adoption of a specific kind of insanity defense (or lack thereof); to a race discrimination claim; to a jurisdictional question in immigration procedure. The Court also released a per curiam decision, and Justice Kavanaugh responded to a denial of cert. Here’s your brief for the week of March 23.

Read More »

This Week’s Brief: March 16

Editor’s Note: In light of the novel coronavirus outbreak, the Supreme Court is closed to the public. The building will remain open for official business only. March oral arguments are postponed indefinitely, and filing deadlines for petitions are extended. The Justices are conducting their private conferences remotely. Orders and Opinions are still being issued as scheduled, but the Justices will not take the bench.

Regrettably, the headlines from the Supreme Court this week did not come from opinions or cert grants; they came from the Court’s adjustments in response to the spread of COVID-19. The Justices announced that oral arguments scheduled for the next two weeks are postponed indefinitely. Some of the cases affected include the two over President Trump’s tax records, a blockbuster copyright dispute, and a First Amendment and a Fourth Amendment case. Meanwhile, the Supreme Court building has been closed to the public; the Justices are holding their conferences over the phone; and filing deadlines for attorneys have been extended sizably. In these unprecedented circumstances, here is a recap of the Court’s response this week to the worsening public health crisis.

Read More »

This Week’s Brief: March 9

After two busy weeks, the past seven days were much quieter. The Court is now between its February and March sittings, so no cases were argued this week. The Justices released an orders list on Monday, adding an Eighth Amendment case to next term’s docket. The Court allowed the Trump Administration to temporarily enforce its “remain in Mexico” policy after lower courts had issued preliminary injunctions. Finally, Justice Sotomayor announced that she will recuse herself from one of the two “faithless elector” cases to be argued in April. Here’s your brief for the week of March 9.

Read More »

This Week’s Brief: March 2

This week, the Justices heard oral argument in what is likely the most explosive case of the term: June Medical Services LLC v. Russo, a challenge to a Louisiana law that requires physicians who perform abortions to have “admitting privileges” at area hospitals. Another high-profile case that was argued this week is Seila Law, LLC v. Consumer Financial Protection Bureau, the constitutional challenge to the structure of the CFPB. Next, the Court decided Kansas v. Garcia, a case that asked whether the Immigration Reform and Control Act of 1986 preempts certain Kansas identity-theft statutes (the answer is no). More nuggets came in the Court’s cert grant in California v. Texas, the latest lawsuit against the Affordable Care Act’s “individual mandate”; and from a statement by Justice Gorsuch following Monday’s orders list. Here’s another packed summary of the Supreme Court’s proceedings for the week of March 2.

Read More »

This Week’s Brief: February 24

With the February sitting now underway after an extended recess, Court-watchers got the busiest week of the term thus far. The Court released seven decisions in argued cases involving all of the following: immigration law, tax law, capital sentencing in Arizona, international treaty law, criminal procedure, ERISA, and the ACCA. We saw a per curiam decision in an Establishment Clause case out of Puerto Rico, and four individual opinions relating to Monday’s orders list. Finally, the Justices heard oral argument in four cases and granted a case for next term. Block off some time for this one; here’s your extensive recap of the action at the Supreme Court this week.

Read More »