Update: On Friday, January 3, the states and the House of Representatives had asked the court to fast-track consideration of their motion to expedite review of their petitions by directing the respondents to file their opposition to the motion by January 7, which would allow the justices to consider the motion at their January 10… Read More
FTC files own petition, suggesting divide in federal government
It has been nearly a half-century since Congress gave the Federal Trade Commission the right to represent itself before the Supreme Court, at least when the U.S. solicitor general, who normally represents the federal government before the court, declines to do so. That right is rare among federal agencies, and the FTC has exercised it… Read More
Federal government’s brief in abortion case supports Louisiana’s position, raises possibility of overruling Whole Woman’s Health
On March 4, the Supreme Court will hear oral argument in one of the biggest cases of the new year: the challenge to the constitutionality of a Louisiana law that requires doctors who perform abortions to have the right to admit patients at a nearby hospital. Four years ago, the justices struck down a similar… Read More
A look back at 2019: A tale of two terms?
Any review of a calendar year at the Supreme Court necessarily includes two different terms: the term that ends in June and the new one that begins in October and will run into the following year. But a look back at 2019, in particular, reveals two very different terms. In the wake of the June… Read More
Court fills out spring calendar with new grants
Last Friday the justices added five new cases, for a total of four hours of argument, to their docket for this term. The December 13 conference was the last regularly scheduled conference for 2019, but this morning the justices added five more new cases, again for a total of four hours of argument, to their… Read More
Justices turn aside major case on homelessness law
This morning the Supreme Court issued more orders from last week’s private conference. After adding five new cases to their docket on Friday, including three cases involving disputes over access to President Donald Trump’s financial records, the justices did not grant any new cases today, nor did they seek the views of the federal government…. Read More
Justices to take up battle over Trump financial documents
This afternoon the Supreme Court announced that it would wade into the fray over access to President Donald Trump’s financial records. The justices agreed to review three separate lower-court decisions that ruled against the president: Two of those decisions upheld subpoenas that would force the president’s accounting firm and lenders to turn over financial records… Read More
Justices debate impact of “do-over” in capital case
Yesterday the Supreme Court heard oral argument in the case of James McKinney, who was sentenced to death for two murders in 1991. After the U.S. Court of Appeals for the 9th Circuit threw out McKinney’s death sentence four years ago, the Arizona Supreme Court reinstated it. The state court first rejected McKinney’s argument that… Read More
Justices debate determination of “habitual residence” for infants in international child-custody cases
In 2015, Michelle Monasky left the domestic-violence safe house in Italy where she had been staying with her newborn daughter and traveled to her parents’ home in Ohio. Domenico Taglieri, Monasky’s estranged husband, later filed a lawsuit in Ohio, asking a federal court to order his daughter’s return to Italy. He relied on the Hague… Read More
Justices appear sympathetic to insurers in dispute over risk-corridor compensation
This morning the Supreme Court heard oral argument in a relatively obscure case in which billions of dollars are at stake. At issue is whether health-insurance companies that lost money offering policies on the “health benefit exchanges” established by the Affordable Care Act are entitled to compensation for their losses, or whether Congress repealed any… Read More