At today’s oral argument in the case of a Colorado student with autism, one thing seemed relatively clear: The justices were dissatisfied with the U.S. Court of Appeals for the 10th Circuit’s ruling that school districts can satisfy federal education law as long as they offer a student with a disability an educational program that… Read More
A summary ruling and four CVSGs, but no grants, from today’s orders
Returning to the bench this morning for the first time in the new year, the Supreme Court issued additional orders from last week’s conference, but it did not add any new cases to its merits docket. The justices did, however, issue a summary ruling that sent a lawsuit against three New Mexico police officers back… Read More
Argument preview: What level of educational benefit is “appropriate” for children with disabilities?
The Individuals with Disabilities Education Act gives federal funds to states that agree to offer a “free appropriate public education” (FAPE) to children with disabilities. An important part of providing a FAPE is the IEP, or individualized education program, which – among other things – must set forth a plan that is tailored to the… Read More
Court releases February calendar
The Supreme Court released the argument calendar for the February sitting yesterday. Over a two-week period, the justices will hear oral arguments in seven cases on five different days, beginning on Tuesday, February 21. (Monday, February 20 is a federal holiday.) Only two of the five days – Tuesday, February 20 and Monday, February 27)… Read More
Argument preview: Trademark law and the Constitution
Simon Tam describes himself as an “Asian-American musician, lecturer, and political activist.” In 2006, he formed a rock band that he named The Slants, to bring attention to discrimination against Asian-Americans. Tam contends that, by using the name The Slants, he was “following in the long tradition of reappropriation, in which members of minority groups… Read More
Opinion analysis: Government prevails in bank fraud case
Lawrence Shaw does not dispute that he stole over $300,000 from Stanley Hsu, a U.S. citizen living in Taiwan, by using Hsu’s personal information to move money out of Hsu’s Bank of America account into an account at another bank, from which Shaw then withdrew the money. But what he did not do, Shaw argued… Read More
No new grants, some notable denials on today’s order list
The Supreme Court issued additional orders from last week’s conference this morning. Last week, the justices added one new case from that conference to their merits docket for the term: Honeycutt v. United States, in which they will consider whether a co-conspirator can be held independently liable for forfeiture of the proceeds of a drug… Read More
Justices add drug forfeiture case to merits docket
This afternoon the justices issued orders from today’s private conference, adding one new case to their merits docket for the term. They agreed to review the case of Terry Honeycutt, who worked as a salaried employee at a hardware store owned by his brother, Tony. The two brothers were charged with federal drug crimes for… Read More
Divided court allows Alabama execution to proceed
There was high drama at the Supreme Court last night, in the case of an Alabama death-row inmate who sought a last-minute stay of his execution, which was originally scheduled for 6 p.m. CST yesterday. Although the court would twice put a temporary hold on the executions, his flurry of filings was ultimately to no… Read More
Court extends briefing schedule in transgender case
Today the Supreme Court announced a new briefing schedule for Gloucester County School Board v. G.G., the case of a transgender student who identifies as a boy and wants to be able to use the boys’ bathroom at his Virginia high school. The revised schedule extends the time for each side to file its main… Read More