This past Monday, the Supreme Court in Allen v. Cooper struck down a 1990 Congressional statute that had allowed citizens to sue a state in federal court for copyright infringement. The case arose after a marine salvage company discovered the wreck of the Queen Anne’s Revenge, Blackbeard’s famous pirate ship, off the coast of North Carolina and recorded documentary footage of the discovery. When North Carolina published some of the footage in various media, the company sued the state for copyright infringement. The question before the Court was whether the Constitution gives Congress the power to rescind the states’ sovereign immunity from copyright infringement claims. Justice Kagan answered “no” with a 7:2 majority, leaving the company marooned. (For lovers of wordplay and maritime puns, this piece is for you.)
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.
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.
After the furor of the first two weeks of the Court’s term, the week of October 21 was markedly more placid. The Justices did not hear oral argument in any merits cases and predictably did not issue any decisions yet in argued cases. We do have the first opinion of the term, but it’s only an opinion relating to one of the Court’s orders on Monday. On a separate note, while the Justices didn’t garner many headlines in the courtroom, Justice Ginsburg grabbed the spotlight on Wednesday night for being awarded a very prestigious prize by the Berggruen Institute. So after a quiet week for the Justices (or for eight of them, at least), here’s your quick brief for the week of October 21.