Today the Supreme Court rejected a claim by a death-row inmate that executing him by lethal injection would violate the Constitution’s ban on cruel and unusual punishment because of the likelihood that he could wind up choking on his own blood. By a vote of 5-4, the court cleared the way for Russell Bucklew’s execution,… Read More
Justices grant one new case
The Supreme Court issued orders this morning from the justices’ private conference last week. The justices added just one new case to their merits docket for next term: Kansas v. Glover, in which the court agreed to decide whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for a police… Read More
Argument analysis: Justices divided on agency deference doctrine
The Supreme Court heard oral argument this morning in a dispute over veterans’ benefits that could become one of the most significant cases of the term. Although the case arose when the Department of Veterans Affairs refused to give James Kisor, who served as a Marine during the Vietnam War, benefits for his post-traumatic-stress disorder… Read More
Opinion analysis: Court rules for Sudan in dispute over service in USS Cole lawsuit
A lawsuit by victims of the bombing of the USS Cole received a setback today at the Supreme Court. The victims are trying to hold the government of Sudan responsible for providing support to the al Qaeda bombers who killed 17 sailors and injured 42 more in 2000, but the justices ruled that the plaintiffs… Read More
Argument analysis: Justices divided and hard to read on partisan gerrymandering
Today the Supreme Court heard oral argument in a pair of cases that could prove to be among the most consequential of the term. The cases involve allegations that state officials engaged in unconstitutional partisan gerrymandering – that is, they went too far in taking politics into account – when they drew election maps in… Read More
Justices turn down mystery corporation in grand-jury dispute
Yesterday Attorney General William Barr sent a summary of the report by Special Counsel Robert Mueller to Congress. Today, the Supreme Court released orders from the justices’ private conference last week and turned down a petition that asked the justices to review a ruling by a lower court holding an unnamed foreign corporation in contempt… Read More
Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims
The Supreme Court heard oral argument yesterday in the case of an African-American death-row inmate in Mississippi who was convicted by a jury that included just one African-American juror. The inmate, Curtis Flowers, argues that the jury selection in his case violates the Constitution – especially because the lead prosecutor had a long history of… Read More
Justices grant four new cases (Corrected)
The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that… Read More
Argument analysis: Justices divided in Virginia racial-gerrymandering case
The Supreme Court heard oral argument today in a challenge to the map drawn in 2011 for Virginia’s House of Delegates. A group of African-American voters allege that the state legislature engaged in racial gerrymandering – that is, it relied too much on race when it drew 11 of the state’s districts, which would violate… Read More
Justices add constitutional question to citizenship case
On April 23, the Supreme Court will hear oral argument in the challenge to the decision to reinstate a question about citizenship on the 2020 census. The justices had originally granted review to decide whether that decision violated federal laws governing administrative agencies, but today the justices announced that they will also consider whether the… Read More