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
Argument preview: Justices to weigh allegations of racial discrimination in jury selection
During jury selection, some potential jurors can be removed “for cause” – that is, when a judge believes that a juror cannot be impartial in deciding the case. The lawyers trying the case also have a certain number of “peremptory strikes,” which allow them to reject jurors without providing a reason. However, the Supreme Court… Read More
Virginia racial gerrymandering case returns to Supreme Court
The issue of gerrymandering will be front and center at the Supreme Court in March. On March 26, the justices will tackle two of the highest-profile cases of the term, involving partisan gerrymandering – the idea that state officials went too far in considering politics when redistricting, by drawing maps that favor one political party… Read More
Funding the one percent
Justices Samuel Alito and Elena Kagan appeared this afternoon before the Subcommittee on Financial Services and General Government of the House Committee on Appropriations. They were invited to discuss the Supreme Court’s budget requirements for fiscal year 2020, but they also fielded questions about cameras in the courtroom, law clerk diversity, partisan attacks on the… Read More
Abortion could return to the Supreme Court: In Plain English
In 2016, Justice Anthony Kennedy provided the fifth vote to strike down a Texas law that required doctors who perform abortions to have “admitting privileges” – the right to admit patients – at a local hospital. But Kennedy retired last year. So when two doctors who perform abortions, along with an abortion clinic, came to… Read More