Today the Supreme Court held an investiture ceremony for Justice Brett Kavanaugh. Kavanaugh took the oath of office on October 6, shortly after he was confirmed, and he began to participate in the Supreme Court’s cases two days later, so this morning’s six-minute ceremony is largely a formality, at which the court will officially receive… Read More
Argument analysis: Court hard to read in Sudan service dispute
The Supreme Court heard oral argument today in a lawsuit alleging that the Republic of Sudan provided support to the al Qaeda terrorists who bombed the USS Cole in 2000, killing 17 sailors and injuring 42 others. The question before the court was not whether Sudan can be held liable; a federal court has already… Read More
Argument analysis: Relatively subdued court is divided in lethal-injection case
The Supreme Court heard oral argument this morning in the case of Russell Bucklew, who was scheduled to die by lethal injection earlier this year. The court has already rejected several broad challenges to the constitutionality of lethal injection as a method of execution, but the justices put Bucklew’s execution on hold back in March… Read More
Divided court denies review in “net neutrality” cases
This morning the Supreme Court issued orders from the justices’ private conference on Friday. The justices did not add any new cases to their docket for the term – they did that on Friday afternoon – nor did they call for the views of the U.S. solicitor general in any cases. But one order today… Read More
Court announces proposed rule changes
This morning the Supreme Court announced several proposed changes to its rules and invited the public to comment on those proposed revisions by the end of the month. If the changes are implemented, their effect would fall almost exclusively on lawyers and litigants before the court. The first of the four substantive proposed changes to… Read More
Argument preview: Justices to consider dispute over service of complaint on Sudanese government
It has been over 18 years since the USS Cole was bombed while the ship was refueling in Yemen, killing 17 sailors and injuring 42 more. Next week the Supreme Court will hear oral argument in a lawsuit, filed by service members who were injured that day (and their families), seeking to hold the government… Read More
Argument analysis: Court quiet, but potentially skeptical, on immunity for international organizations
The Supreme Court heard oral argument this morning in a dispute over immunity for the International Finance Corporation, an international organization that makes loans to private businesses to finance projects in developing countries. The plaintiffs in the case, a group of farmers and fishermen, live near a power plant in India that was financed in… Read More
Argument preview: Justices to consider another lethal-injection challenge, this time by inmate with complicated medical history
Next week the Supreme Court will hear oral argument in the case of Russell Bucklew, a Missouri death-row inmate who argues that the state’s plan to execute him by lethal injection violates the Constitution’s ban on cruel and unusual punishment because he suffers from a rare medical condition that could lead to his gagging on… Read More
Two new CVSGs, Sotomayor criticizes trial court in capital case
This morning the Supreme Court issued additional orders from last Friday’s conference. The justices had announced three new grants from that conference on Friday, and (as expected) they did not add any more cases to their merits docket today. The justices asked the U.S. solicitor general to weigh in on two cases, and Justice Sonia… Read More
A sad week at the Supreme Court
The Supreme Court was not in session last week, but there was still sad news: Retired Justice Sandra Day O’Connor announced that she has been diagnosed with dementia and will no longer participate in public life. I cover O’Connor’s announcement and other news from the court in my latest podcast.