In a major ruling on Thursday, the Supreme Court rejected a challenge to the constitutionality of the Indian Child Welfare Act, a 1978 federal law that seeks to keep Native American children with Native American families. By a vote of 7-2, the court ruled that Congress had the power to enact the law, and it… Read More
Entering the second half of June, with 23 cases left to decide
With the announcement of their decision in Allen v. Milligan last week, the justices have finally released all of the opinions from the court’s October argument session. Chief Justice John Roberts wrote for the majority in Allen, bringing his total number of opinions for the term so far to three and (at least for now)… Read More
Supreme Court upholds Section 2 of Voting Rights Act
This post was updated on June 8 at 4:44 p.m. By a vote of 5-4 on Thursday, the justices issued a major voting rights decision, ruling that Alabama’s new congressional map likely violates the Voting Rights Act. But even more significantly, the court declined an invitation to adopt an interpretation of the act that would… Read More
Justices file annual financial disclosures – Thomas and Alito delay
It has been just over two months since ProPublica revealed that Justice Clarence Thomas had not included over two decades’ worth of frequent luxury travel hosted by Harlan Crow, a Dallas billionaire, on the annual financial disclosures that the Supreme Court justices file each year. But court watchers interested in Thomas’ disclosures for 2022 will… Read More
Justices take up “Trump Too Small” trademark case
It has been more seven years since Sen. Marco Rubio, a Republican from Florida, claimed in a presidential debate that then-candidate Donald Trump had “small hands.” On Monday the justices agreed to weigh in on a trademark dispute that arises indirectly from that comment – specifically, from Steve Elster’s efforts to register the phrase “Trump… Read More
The 27 as-yet-undecided cases
The Supreme Court is scheduled to release more opinions in argued cases on Thursday, June 8, at 10 a.m. With (presumably) less than a month remaining before the justices’ traditional summer recess, the court still has 27 cases to decide — including high-profile cases involving the use of race in college admissions, voting rights, election… Read More
Reading the tea leaves – Part 2
The Supreme Court on Thursday released three more opinions, leaving the justices with 27 decisions to finish before they can begin their summer recess in late June or early July. Thursday’s opinions did not, however, shed much additional light on who might be writing which opinions yet. Going into Thursday morning, there was only one… Read More
Court rules for Maryland prison official on procedural issue
The Supreme Court on Thursday gave a Maryland prison official another chance to defend himself against a federal civil rights claim. Last week’s unanimous ruling in Dupree v. Younger rested on procedural issues, but it was an important one for the litigants involved – and, as Justice Amy Coney Barrett observed in announcing it, for… Read More
Justices rule Minnesota county violated takings clause
In 2016, a Minnesota county sold 94-year-old Geraldine Tyler’s condo at auction after she failed to pay her property taxes for several years. The sale yielded $40,000; Hennepin County kept not only the $15,000 in taxes, penalties, and costs that Tyler owed it, but also the $25,000 that was left over. The Supreme Court on… Read More
Supreme Court curtails Clean Water Act
The Supreme Court on Thursday established a more stringent test to determine whether the Clean Water Act applies to a wetland. The ruling was a setback for the Environmental Protection Agency and a victory for an Idaho couple, Michael and Chantell Sackett, who have been battling with the federal government for over 15 years in… Read More