The Supreme Court on Monday gave a major boost to a group of oil and gas companies that are seeking to stay out of state court and defend a lawsuit against them in federal court instead. By a vote of 7-1 (with Justice Samuel Alito not participating), the justices agreed with the companies – which… Read More
Justices divided on retroactive application of jury-unanimity rule
The Supreme Court on Monday ruled by a vote of 6-3 that inmates whose convictions became final before last year’s decision in Ramos v. Louisiana, holding that the Constitution’s Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts, cannot take advantage of it on federal collateral review…. Read More
Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade
The Supreme Court on Monday set the stage for a major ruling next year on abortion – one that could upend the Supreme Court’s landmark decisions in Roe v. Wade and Planned Parenthood v. Casey, in which the court ruled that the Constitution protects the right to have an abortion before a fetus becomes viable…. Read More
Court names military attorney as second-ever female marshal
Col. Gail Curley, an attorney in the U.S. Army who has advised military leaders on national security law, will be the Supreme Court’s new marshal, the court announced on Monday. Curley succeeds Pamela Talkin, the first woman to serve as marshal, who retired last year after 19 years on the job. Curley, who will begin… Read More
Justices turn down cadet’s attempt to sue government over sexual assault
The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices announced on Monday morning that they will not hear oral argument in Doe v. United States, one of the cases that they considered at their private conference last… Read More
Justices ponder narrow ruling in student speech case
The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school. Some justices expressed concern about whether allowing schools to regulate off-campus speech could sweep in too much speech by young people, while others worried that – particularly in the internet era… Read More
Student’s Snapchat sets up major ruling on school speech
In 1969, the Supreme Court ruled in Tinker v. Des Moines Independent Community School District that public school officials can regulate speech that would substantially disrupt the school’s work. On Wednesday, the justices will consider whether Tinker also applies to speech by students that occurs off campus. In the internet era, in which cellphones and… Read More
Justices add new cases on state secrets, free speech
The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The… Read More
Justices rebuff states’ request to reinstate public-charge rule, but leave door open for further litigation
The Supreme Court on Monday declined to immediately resolve an attempt by 14 states to revive litigation over a controversial Trump-era immigration rule after the Biden administration declined to defend it in court. In a brief, unsigned order, the justices said the states must first make their arguments in the lower courts, but they left… Read More
Justices doubtful on California donor-disclosure requirement
The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The requirement, the state insists, helps it to police charitable fraud. But two… Read More