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.
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.
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.