Today the Supreme Court heard oral argument in the case of Vernon Madison, an Alabama inmate who has been on death row for more than 30 years for the murder of a Mobile police officer, Julius Schulte. In that time, Madison has had several strokes, causing significant brain damage, and suffers from (among other things)… Read More
Justices officially return from summer recess, issue orders from long conference
The eight justices of the Supreme Court returned to the bench today to hear oral arguments in the first cases of their new term. But before they did so, they issued an extensive (75 pages) list of orders from last Monday’s “long conference” – their first conference since their summer recess began in late June…. Read More
The “long conference” and the latest in the Kavanaugh confirmation battle: This week’s podcast
If the Supreme Court issues orders from the “long conference,” but everyone is across the street at the Senate Judiciary Committee hearing, is anyone paying attention? Just in case you weren’t, I review the week at the Supreme Court and in the Kavanaugh confirmation battle in this podcast.
Kavanaugh nomination voted out of committee, but FBI investigation to follow (UPDATED)
UPDATE: NBC News has reported that President Donald Trump has asked the FBI to conduct the supplemental background investigation requested by the Senate Judiciary Committee. Trump indicated that the investigation should be “limited in scope and completed in less than one week.” Less than 18 hours after a hearing on sexual-assault allegations that alternated between… Read More
The long conference: Bivens, the FSIA, and arbitration
When the justices met for their conference on Monday, one of the cases that they were slated to consider was a familiar one: The case of Sergio Hernandez, a 15-year-old who was shot and killed by Jesus Mesa, a U.S. Border Patrol agent, while Hernandez was standing on the Mexican side of the U.S.-Mexico border…. Read More
Argument preview: Justices to consider competency in capital cases
It has been over 33 years since Vernon Madison shot and killed Julius Schulte, a police officer in Mobile, Alabama. Schulte had come to Madison’s house to protect Madison’s former girlfriend and her daughter while they moved out; Schulte was sitting in his car when Madison shot him twice in the back of the head…. Read More
The long conference: Justices to consider crosses on public land
The Constitution’s establishment clause indicates that the government “shall make no law respecting an establishment of religion.” In 2005, the Supreme Court rejected a challenge under the establishment clause to a Ten Commandments monument on the grounds of Texas state capitol. In his controlling opinion, Justice Stephen Breyer concluded that, although the monument’s text “undeniably… Read More
Government asks justices to act in document dispute in transgender-ban case (Updated)
[UPDATED: On September 18, U.S. solicitor general Noel Francisco sent a letter to the court withdrawing the government’s application. Francisco explained that the U.S. Court of Appeals for the 9th Circuit had granted the stay that the government had requested, eliminating the need for the Supreme Court to act.] The federal government today asked the… Read More
Chief justice puts donor-disclosure ruling on hold
[UPDATE: Chief Justice John Roberts later referred the request by Crossroads Grassroots to the full court, which on September 18 denied the group’s application without comment or published dissent. The ruling means that the district court’s order invalidating the FEC’s regulation will go into effect, at least for now.] Last month a federal district court invalidated… Read More
Kavanaugh responds to post-hearing questions
Last week the Senate Judiciary Committee held a hearing on the nomination of Judge Brett Kavanaugh to succeed Justice Anthony Kennedy. After the hearing ended, senators submitted written questions – over 1200 in all – to Kavanaugh, who responded last night. The senators’ questions address everything from Kavanaugh’s reaction when he was approached at the… Read More