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.
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.
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.
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.
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.
Earlier this summer, the Supreme Court stayed an injunction against the Trump Administration, which had barred it from using nearly $2.5 billion in interdepartmental transfer funds for construction of the border wall. Tonight was Part II. The high court lifted another injunction that had been issued against the Administration, this one concerning the latest asylum rule promulgated in July. Justices Sotomayor and Ginsburg dissented. With less than a month until the Court is back in session, it seems clear the Justices are not shy of acting on their summer shadow docket. Here’s a summary of the case, the Court’s order, and Justice Sotomayor’s dissent.