A Moot Suit: New York State Rifle & Pistol Assn. v. NYC

On April 27, the Supreme Court issued its long-awaited decision in its only Second Amendment case of the term. But what some thought would be a blockbuster decision instead landed with a dull thud; six Justices voted to dismiss the case as “moot” (i.e., no longer presenting a live controversy). Why? Well, after the Court agreed to decide the case, the gun law at issue was repealed. Since the Court cannot adjudge the constitutionality of a law that is no longer on the books, the case was dead. Justice Kavanaugh penned a short concurrence, and Justice Alito authored a long, curious, and (at times) odd dissent. Here’s an in-depth analysis of the Court’s decision and the doctrine of “mootness.”

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: 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 »

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.

Read More »