The Supreme Court issued orders this morning from the justices’ private conference last week, and the big news out of today’s order list was what the justices did not do: They did not add any new cases to their merits docket for next term, and they did not ask the U.S. solicitor general to weigh… Read More
Opinion analysis: Justices decline to extend Fourth Amendment’s “automobile exception”
When two Virginia police officers searched for the motorcyclist who had eluded them by driving away at speeds of up to 140 miles per hour, they probably would not have imagined that the case would end up at the U.S. Supreme Court. But that’s exactly what happened, and today the justices ruled that the officers… Read More
U.S. urges justices to tackle another Indian fuel tax dispute
In 1855, the Yakama Nation entered into a treaty with the federal government in which it gave up 10 million acres of land in Washington state in exchange for rights under the treaty, including the right (provided in Article III of the treaty) of the nation’s members “to travel upon all public highways.” That provision… Read More
Solicitor General recommends a grant (sort of) in Sudan service case
It has been nearly 18 years since terrorists bombed the USS Cole while it was in port in Yemen, killing 17 U.S. service members and injuring 42 more. Yesterday the U.S. government recommended that the Supreme Court tackle a legal question arising out of efforts to hold the government of Sudan responsible for its role… Read More
Justices grant four new cases
This morning the Supreme Court added four new cases to its docket for next term, on topics ranging from federal pre-emption to the rules governing attorney’s fees for Social Security claimants. The justices once again did not act on a petition by the federal government to nullify a ruling that cleared the way for an… Read More
Opinion analysis: Employers prevail in arbitration case (Updated)
[NOTE: This post was updated with additional analysis at 3:30 p.m.] In 1925, Congress passed the Federal Arbitration Act, which (among other things) provides that an agreement to arbitrate a dispute “shall be valid, irrevocable, and enforceable.” Ten years later, Congress enacted the National Labor Relations Act, which makes clear that employees have the right… Read More
Federal government recommends grant in Apple apps antitrust dispute
When the justices return to the bench next fall after their summer recess, a case involving computer giant Apple may very well be on their merits docket. Last week the U.S. government recommended that the Supreme Court grant review in a case arising from allegations that the company has monopolized the market to distribute apps… Read More
Reading the tea leaves – mid-May edition
On Monday the Supreme Court issued five decisions in argued cases, bringing its total number of opinions so far this term to 28. As Adam Feldman has reported at SCOTUSblog, the justices are moving slowly this term by just about any measure: At this point in 2008, they had already released 50(!) opinions, and they… Read More
Securities law case moves toward settlement
After their April 27 conference, the justices relisted a securities law case, Quality Systems, Inc. v. City of Miami Fire Fighters’ and Police Officers’ Retirement Trust. When the court relists a case, it’s often a sign that the justices are seriously considering whether to grant review; indeed, in recent years the justices have normally relisted a… Read More
Two new grants, one CVSG today
This morning the justices issued orders from their private conference last week. They added two new cases to their merits docket for the next term, which will begin in early October, and asked the U.S. solicitor general to weigh in on a third case. But they once again did not act on some high-profile cases,… Read More