Over the years, the Supreme Court has sometimes struggled to explain when and why religious symbols are permitted in the public sphere and when they are not. Sometime early in 2019, the justices will hear oral argument in a dispute over the constitutionality of a cross that sits on a traffic median in the suburbs… Read More
Justices to consider constitutionality of cross-shaped war memorial on public land: In Plain English
One new grant, one dissent from the denial of review
Last week the justices added one new case to their merits docket for the term – a relatively obscure maritime-law case. Somewhat unexpectedly, they added another new case today that will almost certainly have a much higher profile, at least in the legal world: Kisor v. Wilkie, in which the Supreme Court will consider whether… Read More
One new grant today
This afternoon the justices issued an initial set of orders from their private conference today. They added just one new case, involving maritime law, to their merits docket for the term; they did not act on any of the higher-profile cases that they considered this morning, involving issues ranging from partisan gerrymandering to the death… Read More
Argument analysis: Majority appears ready to uphold “separate sovereigns” doctrine
When Terance Gamble was pulled over by police in Alabama three years ago for having a faulty headlight, he probably didn’t think that prosecutors would make a federal case out of it. And he certainly wouldn’t have imagined that his case would make national headlines – not so much for its own sake, but because… Read More
Government files invitation briefs, recommends just one grant
In the past few days, the federal government has filed a bevy of briefs expressing the views of the United States on issues ranging from the interpretation of the Foreign Sovereign Immunities Act to California’s ban on foie gras. The justices often pay close attention to the government’s recommendations; if they follow that practice here,… Read More
Two new CVSGs – on a deadline
This morning the Supreme Court issued orders from the justices’ private conference last week. The justices did not add any new cases to their docket for the term, but they did ask the U.S. solicitor general to weigh in on a pair of cases involving the Clean Water Act – and in doing so took… Read More
The December sitting, week 1: Justice Ginsburg returns, and more
The Supreme Court kicked off its December sitting last week, and Justice Ruth Bader Ginsburg returned to the bench after fracturing her ribs in a fall at her office. Hear more about last week at the court, including the oral arguments in a dispute over Apple’s sale of apps to iPhone users and the second… Read More
Argument preview: Justices to reconsider potentially far reaching double-jeopardy exception
Next week the Supreme Court will hear oral argument in the case of an Alabama man who was convicted of both federal and state gun charges arising from the same traffic stop. He is challenging what is known as the “separate sovereigns” doctrine – the idea, based on longstanding Supreme Court rulings, that the federal… Read More
Justices release January calendar
The Supreme Court will ring in 2019 with a nearly full argument calendar. Today the justices released the calendar for the January 2019 sitting, which begins on January 7. The justices will hear oral argument in five cases (two per day on Monday and Tuesday, followed by one on Wednesday) during the first week of… Read More
Argument analysis: Court appears ready to rule that Constitution’s bar on excessive fines applies to the states
Today the Supreme Court heard oral argument in the case of Tyson Timbs, an Indiana man who lost his 2012 Land Rover after he pleaded guilty to drug charges. The state argued that it could seize the car because it had been used to transport drugs, but Timbs countered that requiring him to forfeit the… Read More