Covering the Supreme Court and the Judiciary in (mostly) Plain English

The Supreme Court issued orders from its January 19 conference this morning. After granting review in two cases from that conference last week, the justices did not add any new cases to their merits docket today. But there was one notable denial on today’s order list: Abbott v. Veasey, the challenge to a Texas law… Read More

With the Supreme Court closed tomorrow for the inauguration of President-elect Donald Trump, the justices met today, one day early, for their private conference. One week after adding 16 new cases to their docket, today the justices granted review in two more – potentially filling out their merits docket for the term. The first grant… Read More

In 2011, Simon Tam tried to register The Slants, the name of his rock band, as a trademark – a word, name or symbol used to identify a product and to identify its source. Tam had named his band The Slants to bring attention to discrimination against Asian-Americans, but the U.S. Patent and Trademark Office… Read More

When Acting Solicitor General Ian Gershengorn took the lectern today in Ziglar v. Abbasi, he attempted to paint a portrait of déjà vu all over again. The three consolidated cases before the Supreme Court today were brought by a group of Muslim and Arab men who were in the United States illegally and were arrested… Read More

Last week the justices added a whopping 16 new cases to their merits docket when they issued orders from the January 13 conference. When the justices returned from the holiday weekend this morning, they issued more orders from that conference, including a call for the views of the U.S. solicitor general in a pair of… Read More

It has been more than 15 years since the September 11, 2001, terrorist attacks on the United States, but litigation related to the attacks and the U.S. government’s response continues to wind its way through the courts. Next week the Supreme Court will hear oral arguments in one such case, filed by a group of… Read More

At today’s oral argument in the case of a Colorado student with autism, one thing seemed relatively clear: The justices were dissatisfied with the U.S. Court of Appeals for the 10th Circuit’s ruling that school districts can satisfy federal education law as long as they offer a student with a disability an educational program that… Read More

Returning to the bench this morning for the first time in the new year, the Supreme Court issued additional orders from last week’s conference, but it did not add any new cases to its merits docket. The justices did, however, issue a summary ruling that sent a lawsuit against three New Mexico police officers back… Read More

The Individuals with Disabilities Education Act gives federal funds to states that agree to offer a “free appropriate public education” (FAPE) to children with disabilities. An important part of providing a FAPE is the IEP, or individualized education program, which – among other things – must set forth a plan that is tailored to the… Read More

The Supreme Court released the argument calendar for the February sitting yesterday. Over a two-week period, the justices will hear oral arguments in seven cases on five different days, beginning on Tuesday, February 21. (Monday, February 20 is a federal holiday.) Only two of the five days – Tuesday, February 20 and Monday, February 27)… Read More