After the government of Venezuela nationalized a General Motors factory in that country late last month, the Detroit-based car company vowed to “vigorously take all legal actions, within and outside of Venezuela, to defend its rights.” If those promised actions include a lawsuit in the United States, GM could face a tougher battle after a… Read More
Opinion analysis: Five justices keep city’s discriminatory lending lawsuit alive
The Supreme Court handed a partial but significant victory to cities today, holding that the Fair Housing Act allows the city of Miami to bring a lawsuit alleging that two banks, Bank of America and Wells Fargo, violated the law when they issued riskier but more costly mortgages to minority customers than they had offered… Read More
Arkansas executes fourth inmate in one week
Without any recorded dissents, the Supreme Court last night declined to block the execution of Kenneth Williams. Williams was the fourth inmate executed in Arkansas in a week; the state had sought to execute eight inmates over a span of 11 days so that it could carry out the executions before one of the drugs… Read More
Argument analysis: Concerns about prosecutorial discretion likely to lead to ruling for Bosnian Serb in immigration case
At oral argument today in the U.S. Supreme Court, the justices were not especially sympathetic to the plight of Divna Maslenjak. The 53-year-old came to the United States as a refugee in 2000, fleeing ethnic strife in the former Yugoslavia. Maslenjak became a U.S. citizen seven years later, but last fall she was deported to… Read More
Argument analysis: Justices likely to hand victory to railroad in jurisdictional dispute
The Supreme Court seemed ready to hand a victory to railroad company BNSF in a lawsuit brought by two of the company’s injured workers. A solid majority of the justices appeared unconvinced that the Federal Employers’ Liability Act, a federal law that allows railroad workers to sue their employers for injuries that occur on the… Read More
Argument analysis: Nine justices, with five votes for death row inmate?
Three decades ago, James McWilliams was convicted of the robbery, rape and murder of convenience store clerk Patricia Reynolds. An Alabama judge sentenced McWilliams to death, rejecting both his pleas to consult with an independent psychiatrist about psychiatric records that his attorney had recently received and his argument that he suffered from serious mental health… Read More
Today’s orders
For the second week in a row, the Supreme Court did not add any new cases to its merits docket for next term. The dearth of new grants is likely attributable to the fact that Justice Neil Gorsuch – who did not participate at all in last week’s conference – only participated in a handful… Read More
Argument preview: Jurisdiction, precedent and the Federal Employers’ Liability Act
Three years ago, in Daimler AG v. Bauman, the Supreme Court ruled that the Constitution’s due process clause barred a lawsuit in California against the German car company for the actions of its Argentinian subsidiary, which allegedly worked with security forces in Argentina during the country’s “Dirty War” to kidnap, torture and kill some of… Read More
Argument preview: Lies, damned lies, and citizenship
Until recently, 53-year-old Divna Maslenjak lived in Akron, Ohio, with her husband, Ratko. Ethnic Serbs who were raised in what is now Bosnia, the couple came to the United States with their children as refugees, fleeing ethnic strife in the former Yugoslavia. Divna became a U.S. citizen seven years later, but in October of last… Read More
Argument analysis: Justices leaning toward a ruling for Trinity Lutheran on the merits
When the Supreme Court heard oral argument this morning in Trinity Lutheran Church of Columbia v. Comer, a Missouri church’s challenge to its exclusion from a state program that provides grants to nonprofits to allow them to resurface their playgrounds with recycled tires, all eyes were on the court’s newest justice, Neil Gorsuch. After all,… Read More