[This post was updated at 2:39 p.m. to provide more details on, among other things, the cases that the justices granted today.] Three weeks ago, the justices threw out a ruling against a Colorado baker who had refused on religious grounds to make a custom wedding cake for a same-sex couple. By a vote of… Read More
Opinion analysis: Court rejects “dual-officeholding” challenge to military conviction
Today the Supreme Court ruled that the simultaneous service of military officers on both the criminal courts of appeals (CCAs) for the armed forces and the United States Court of Military Commission Review (CMCR) does not violate a longstanding rule that bars active-duty military officers from holding a second job that requires presidential nomination and… Read More
Opinion analysis: Court holds that police will generally need a warrant for cellphone location information (Updated)
[NOTE: This post was updated with additional analysis at 1:22 p.m.] Over 40 years ago, the Supreme Court outlined what has come to be known as the “third-party doctrine” – the idea that the Fourth Amendment does not protect records or information that someone voluntarily shares with someone or something else. Today the Supreme Court… Read More
Reading the tea leaves – June 21 edition
The Supreme Court issued four opinions in merits cases today, bringing the number of remaining decisions down to 10. Interestingly, all four of today’s decisions came from the court’s April sitting, which narrows the field of remaining authors (including for Trump v. Hawaii, the travel ban challenge) considerably.
Parties weigh in on effect of partisan-gerrymandering rulings on NC case
On Monday, the Supreme Court announced that it would not decide whether the state legislative maps drawn in 2011 by Wisconsin’s Republican-controlled legislature are the product of partisan gerrymandering – the practice of drawing district lines to favor one party, at the other party’s expense – and therefore unconstitutional. Instead, the justices sent the Wisconsin… Read More
And then there were 14 – the remaining cases
The justices are expected to take the bench on Thursday, June 21, to issue opinions in argued cases. There are 14 cases left for them to decide; this post briefly summarizes those cases (in the order in which they were argued). Carpenter v. United States (argued November 29, 2017): Timothy Carpenter was charged with being… Read More
Five new grants, one CVSG, but no Arlene’s Flowers
This morning the Supreme Court issued orders from the justices’ private conference last week. The justices added five new cases to their merits docket for next term, and they called for the views of the U.S. solicitor general in a challenge to California’s ban on foie gras, but they did not act on Arlene’s Flowers… Read More
Opinion analysis: Court stays out of merits on partisan gerrymandering, at least for now
Last summer, Justice Ruth Bader Ginsburg called Gill v. Whitford, a partisan-gerrymandering challenge to the state legislative maps drawn by Wisconsin’s Republican-controlled legislature, one of the most important cases of the term. The court heard oral argument in the case in October; two months later, it agreed to take on Benisek v. Lamone, a partisan-gerrymandering… Read More
Reading the tea leaves: June 15 edition
The Supreme Court issued six new rulings in argued cases this week: four on Monday, and two more yesterday. The new opinions mean that 19 cases now remain undecided, but they did not shed a lot of new light on who might be writing those outstanding opinions.
Justices release financial disclosures
Yesterday the Administrative Office of the U.S. Courts released the 2017 financial disclosure reports for the justices of the Supreme Court. The reports are relatively opaque – they indicate the value of investments only in a wide range, for example – and do not include the value of the real estate in which the justices… Read More