The Supreme Court today ruled that a U.S. court does not need to take at face value a foreign government’s word about how that country’s laws operate. Instead, the justices explained, although courts should “carefully consider” what a foreign government says about its own laws, they are not bound by those views; they can also… Read More
Opinion analysis: “Respectful consideration,” but not deference, required on foreign-law questions
Opinion analysis: Court strikes down Minnesota ban on “political” apparel at the polls
When Minnesota voters go to the polls in November, they’ll likely have more wardrobe options than the last time the state held an election. That’s because this morning the Supreme Court ruled that a state law prohibiting voters from wearing clothing or other apparel containing political messages to the polls violates the First Amendment. Minnesota… Read More
No new grants today
This morning the Supreme Court issued orders from the justices’ private conference last week. The justices did not add any new cases to their merits docket for the next term. The justices’ failure to act on Arlene’s Flowers v. Washington, a closely watched case involving issues similar to Masterpiece Cakeshop v. Colorado Civil Rights Commission,… Read More
Opinion analysis: Court rejects constitutional challenge to state law on insurance policies after divorce
This morning the Supreme Court ruled that a Minnesota woman should not receive the money from her ex-husband’s life insurance policy even though she was still his beneficiary when he died in 2011, four years after their divorce. The man’s children had argued that they should get the money because a state law passed in… Read More
Opinion analysis: Justices rule for Ohio in voter-registration dispute (Updated)
[NOTE: This post was updated with additional analysis at 12:55 p.m.] The Supreme Court today rejected a challenge to one of the practices used by Ohio to remove voters from the state’s voter rolls. By a vote of 5-4, the justices agreed that the practice under question – which cancels the registration of voters who do… Read More
Reading the tea leaves – June 8 edition
On Monday the justices issued decisions in four merits cases. Although there is still a fair amount of ambiguity, those rulings (in addition to being important on their own) also help to shed some light on who might (or, equally significantly, might not) be authoring the opinions that have not yet been released.
Justices throw out lower-court ruling in teen abortion case
The justices handed the federal government a partial victory today in Azar v. Garza, in which it had asked them to nullify a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that cleared the way for a pregnant teenager to obtain an abortion. The teenager, known in the litigation as… Read More
Opinion analysis: Court rules (narrowly) for baker in same-sex-wedding-cake case
[NOTE: This post was updated with additional analysis at 2:17 p.m.] The Supreme Court ruled today in favor of Jack Phillips, a Colorado baker who refused to make a custom cake for a same-sex couple because he believed that doing so would violate his religious beliefs. This was one of the most anticipated decisions of… Read More
Justices asked to weigh in on protection for gay employees
Title VII of the Civil Rights Act bars employers from discriminating “because of” sex. On Tuesday, a New York sky-diving company asked the justices to review a ruling by a federal appeals court that the law applies to discrimination based on sexual orientation. The lower courts are divided on this question, which the company describes… Read More
Government recommends grant in intergovernmental tax dispute
In 1939, Congress enacted the Public Salary Tax Act, which allows state and local governments to tax federal employees as long as the tax does not discriminate against an employee “because of the source of the pay or compensation.” When the Supreme Court returns from its summer recess, one of the cases on its merits… Read More