Covering the Supreme Court and the Judiciary in (mostly) Plain English

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department… Read More

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices added another high-profile case to their docket for the fall, involving a dispute over efforts by members of Congress to obtain secret materials from the investigation by Special Counsel Robert Mueller. Mueller submitted a report last year to Attorney General… Read More

The Supreme Court announced today that its next day to release opinions will be Monday, July 6. With seven (or eight, depending on how you count them) decisions left to release, it seems entirely possible that Monday may not be the last day of the term. As law professor Stephen Vladeck noted, this year is… Read More

In 2015, the Montana legislature created a scholarship program that provided a dollar-for-dollar tax credit for donations to private scholarship organizations. Those organizations used the money to fund scholarships for children to attend private schools – which, in Montana, are primarily religious schools. In 2018, the Montana Supreme Court struck down the tax-credit program, holding… Read More

With today’s release of the opinions in Seila Law v. CFPB and June Medical Services v. Russo, both of which were part of the court’s February argument session, there is now only one outstanding decision that predates the court’s historic May argument session: Espinoza v. Montana Department of Revenue, argued in January. Justice Brett Kavanaugh… Read More

This morning the Supreme Court issued orders from the justices’ private conference last week. The court did not grant any new cases for oral argument in the fall, but with another conference now scheduled for Wednesday, more grants could come as soon as Thursday morning. The justices invited the federal government to file briefs in… Read More

Seven years ago, the Supreme Court ruled that nongovernmental organizations based in the United States cannot be required to have a policy that expressly opposes prostitution and sex trafficking in order to receive government funds to fight HIV/AIDS. However, by a vote of 5-3, the court held today in U.S. Agency for International Development v. Alliance… Read More

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the… Read More

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a… Read More

The Supreme Court today refused to reinstate a ruling by a federal trial court that would have allowed all eligible voters in Texas to vote by mail for the 2020 election cycle. In a brief order without any noted dissents, the justices turned down a request from the Texas Democratic Party and a group of… Read More