Yesterday the Administrative Office of the U.S. Courts released financial disclosure reports for eight of the nine justices of the Supreme Court. (The court’s newest justice, Neil Gorsuch, received an extension to submit his report.) As in years past, the forms issued yesterday reveal that, regardless of their ideological leanings, the justices – even those… Read More
Will the third time be the charm for challenge to public-sector union fees?
It is settled law that public employees who do not belong to the union that represents them cannot be required to pay fees that the union would use for political activity like union organizing. But in 1977, the Supreme Court ruled that public employees who do not belong to a union can be required to pay… Read More
Justices to tackle cellphone data case next term
The Supreme Court added an important new case on the use of cellphone data by law enforcement to its docket for its next term. The justices announced this morning that they would review the case of Timothy Carpenter, who was accused of being the mastermind behind a series of armed robberies (ironically, stealing new smartphones)… Read More
Trump administration asks justices to weigh in on travel ban
Arguing that lower courts “openly second-guessed” President Donald Trump’s determination that national security concerns require a freeze on new visas for travelers from six Muslim-majority countries (Iran, Libya, Somalia, Sudan, Syria and Yemen), last night the federal government asked the Supreme Court to step into the legal dispute over the constitutionality of the executive order… Read More
Court grants one new case (with no cakes, guns or cell phones involved)
Today the Supreme Court added one new case to its docket for the fall, a challenge to Ohio’s efforts to keep its voter registration lists up to date. But for the 11th conference in a row, the justices did not act on a Colorado baker’s First Amendment challenge to the state’s public accommodations law. Other… Read More
Opinion analysis: Court restricts lawsuits against out-of-state railroads
Three years ago, a unanimous Supreme Court threw out a lawsuit that sought to hold a German car company liable in California for the actions of its Argentinian subsidiary, which allegedly worked with security forces in Argentina during the country’s “Dirty War” to kidnap, torture and kill some of the subsidiary’s workers. Today the court,… Read More
Travel ban remains on hold following 4th Circuit ruling [UPDATED]
[UPDATED at 10:12 a.m. on Friday, May 26, to include a press release by Attorney General Jeff Sessions, who indicated that the Trump administration intends to ask the Supreme Court to step in.] A divided U.S. Court of Appeals for the 4th Circuit today largely upheld a federal district judge’s ruling blocking the implementation of… Read More
Wisconsin seeks stay as back-up plan in partisan gerrymandering case
In March, the state of Wisconsin asked the Supreme Court to review a decision by a three-judge court striking down the redistricting map that the Republican-controlled legislature created after the 2010 census. The three-judge court concluded that the map was the result of partisan gerrymandering – that is, purposely drawing district lines to favor one… Read More
Opinion analysis: Court strikes down N.C. districts in racial gerrymandering challenge
Two North Carolina congressional districts, District 1 and District 12, have – as Justice Elena Kagan observed today – “quite the history before” the Supreme Court. In the last 25 years, the districts have been at the heart of four earlier racial gerrymandering cases at the court. Last year, a three-judge district court invalidated both… Read More
Ninth Circuit hears oral argument on Trump travel ban
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit heard oral argument yesterday in a challenge to the executive order signed by President Donald Trump on March 6. Colloquially known as the “travel ban,” the order temporarily suspended new visas for travelers from six Muslim-majority countries – Iran, Libya, Somalia, Sudan,… Read More