In the court of public opinion, Stacy and Brent Fry have probably already won. Who would deny their adorable daughter, who was born with cerebral palsy, the opportunity to bring her equally winsome service dog to school with her, to help her with everything from opening and closing the doors to using the bathroom independently?… Read More
Court releases December calendar
The Supreme Court released its December calendar today. During their December sitting, which begins on November 28, the justices will hear eight hours of oral argument over six days: two one-hour arguments on both Monday, November 28, and Monday, December 5, and one one-hour argument on each of the four remaining days – November 29-30… Read More
Last night’s presidential debate: The Supreme Court and the candidates
When the third and final presidential debate began last night in Las Vegas, anticipation among Supreme Court watchers was high: The Commission on Presidential Debates had announced that fifteen of the debate’s ninety minutes would be devoted to the court. And, indeed, the court was the very first topic to which moderator Chris Wallace, of… Read More
Federal government recommends another grant, this time in military spouse case
On Monday the federal government filed, at the court’s invitation, a brief in Howell v. Howell, a dispute between a divorced couple over the wife’s share of the husband’s military retirement pay. When the government recommends that the justices review a case, it generally does so in part because it believes that the lower court’s… Read More
No new grants today
The Supreme Court issued orders from its October 14 conference this morning. The justices did not add any new cases to their merits docket for this term, and they did not act on a Virginia school board’s request for review of a lower court’s decision that would allow a transgender student who identifies as a… Read More
Federal government recommends grant in patent exhaustion case
The justices could be on the verge of adding another patent case to their merits docket for this term. Last week the federal government recommended that the court grant review in Impression Products v. Lexmark International, a case involving the scope of the “patent exhaustion” doctrine. Although the federal government’s advice is not dispositive, studies… Read More
Court issues revised argument calendar
Today the Supreme Court issued a revised argument calendar for its November session, which begins on October 31. Ivy v. Morath, which had originally been scheduled as the second case on Monday, November 7, was removed from the calendar, leaving only one case – National Labor Relations Board v. SW General – on that day.
Court adds three hours of oral argument to its merits docket
This afternoon the justices issued additional orders from their October 7 conference, adding three new hours of oral argument to their merits docket for the term. And if there is a public perception that the justices have been avoiding controversial issues since the death of Justice Antonin Scalia earlier this year, today’s order list belied… Read More
Argument analysis: Court poised to strike down state ruling barring evidence of juror bias?
Today the justices heard oral argument in the case of Miguel Pena-Rodriguez, a Colorado man who was convicted of assaulting two teenage sisters at a racetrack. After the jury issued its verdict, Pena-Rodriguez’s lawyers learned that one juror, a former police officer, had made racially derogatory comments about Pena-Rodriguez and the witness who provided his… Read More
No grants from morning orders
The Supreme Court did not add any new cases to its merits docket this morning. The most noteworthy part of this morning’s order list was a per curiam decision in Bosse v. Oklahoma, a death penalty case. Twenty-five years ago, in Payne v. Tennessee, the court ruled that the Constitution does not bar a jury… Read More