Today the Supreme Court gave an Alabama death-row inmate at least a temporary reprieve, sending the case back to the lower courts for them to consider whether the inmate’s dementia leaves him so incompetent that he cannot be executed. The vote was 5-3, with Chief Justice John Roberts joining the court’s four more liberal justices… Read More
Opinion analysis: Court orders new look at death sentence for Alabama inmate with dementia
Argument analysis: Court poised to rule for challenger in dispute over constitutionality of sex-offender law
This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return to prison for at least five years – and possibly for the rest of their lives – if a judge finds that they have committed certain crimes. The defendant in… Read More
Argument analysis: No clear resolution on whether First Amendment applies to public-access channels
The Supreme Court heard oral argument today in a case involving whether a private nonprofit corporation that runs a public-access TV channel is a “state actor,” who can be sued for violations of the First Amendment. After roughly an hour of debate, there was no clear winner in the case: The justices who spoke appeared… Read More
One new grant and a 9th Circuit rebuke
This morning the Supreme Court issued orders from last week’s conference. The justices added just one new case to their merits docket for next term and issued an unsigned opinion that sent a ruling that was released after the death of one of the judges who participated in the case back to the U.S. Court… Read More
Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release
In 2006, Congress passed the Adam Walsh Child Protection and Safety Act “to protect the public from sex offenders and offenders against children.” One part of the act provides that if a defendant who is required to register as a sex offender commits certain crimes carrying a prison term longer than one year, his supervised… Read More
Opinion analysis: Eighth Amendment’s ban on excessive fines applies to the states
The Supreme Court today ruled that the Eighth Amendment’s ban on excessive fines applies to the states. The decision is a victory for an Indiana man whose luxury SUV was seized after he pleaded guilty to selling heroin. It is also a blow to state and local governments, for whom fines and forfeitures have become… Read More
Argument preview: Justices to consider whether First Amendment applies to public-access channels
Next week the Supreme Court will hear oral argument in a case involving free speech and public-access television channels. Although the issue may sound somewhat obscure, internet giants like Facebook and YouTube are paying close attention, fearing that the court’s ruling could have ripple effects that limit their ability to control their content. The First… Read More
Justices take up Clean Water Act case, rebuke Texas court in death penalty case
Last Friday the justices added the dispute over the decision to add a question about citizenship to the 2020 census to their merits docket. Today they issued more orders from last week’s conference, granting review in another case and throwing out – for the second time – the death sentence of a Texas inmate who… Read More
Court will review census citizenship dispute this term
The Supreme Court’s 2018-2019 term will end with a bang. In a brief order issued after the justices’ private conference, the court announced this afternoon that it will review a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census. The court will take up the case and hear… Read More
Court releases April calendar
The Supreme Court has released its calendar for the April sitting, which begins on April 15. Unlike the February and March sittings, which will feature only six and nine hours of argument, respectively, the April sitting is scheduled to have a full slate of 12 oral arguments – two on each of the six days… Read More