One day after the Ohio Democratic Party asked the Supreme Court to reinstate a federal district court’s order that barred the campaign of Republican presidential candidate Donald Trump from attempting to intimidate voters in the state, the justices denied the Democrats’ request. Perhaps because the result was sufficiently clear, or perhaps because the election is… Read More
Argument preview: Justices to take on citizenship question – again
When Luis Ramon Morales-Santana was born in 1962 in the Dominican Republic, his parents were not married. Morales-Santana’s father was a U.S. citizen, but his mother was not. For Morales-Santana’s claim to U.S. citizenship, that fact matters. Under the law in effect when Morales-Santana was born, he would have been a U.S. citizen if his… Read More
Ohio Democrats go to justices in voter intimidation case
With less than two days to go before the polls open, legal battles over the 2016 presidential election continued at the Supreme Court this evening. The Ohio Democratic Party asked the justices to reinstate a federal district court’s order that barred the campaign of Republican presidential candidate Donald Trump from attempting to intimidate voters in… Read More
Justices reinstate Arizona ban on “ballot harvesting” for election
Only days before the November 8 election, an emergency application involving voting procedures was filed at the court – specifically, a challenge to an Arizona law, known as H.B. 2023, that makes it a felony for anyone other than election officials, mail carriers, family members, or caregivers to collect early voting ballots. This morning the… Read More
Roberts provides “courtesy fifth” to stay Alabama execution
To get the Supreme Court to review your case on the merits, you need the votes of at least four justices. But if you are asking them to temporarily block a lower court ruling against you, you need five votes. In death penalty cases in particular, this can get tricky: there may be four votes… Read More
Argument preview: Justices to consider scope of Fair Housing Act
It sounds like a scene from “The Wire,” but with palm trees and swimming pools: Gangs run prostitution rings and criminals hide dead bodies in vacant houses. The illegal activities spill over into the rest of the neighborhood, leading to an overall increase in violent crime and stretching police officers and firefighters thin. Property values… Read More
Argument analysis: No clear answers on jurisdictional standards and foreign sovereign immunity
This morning the Supreme Court heard only one oral argument, in Venezuela v. Helmerich & Payne International. At issue in the case is whether the U.S. Court of Appeals for the D.C. Circuit was right to apply what it described as an “exceptionally low” bar to determine whether U.S. courts have jurisdiction over a lawsuit… Read More
Argument preview: Presidential power and executive branch vacancies
Next Tuesday, voters will decide whether to send Donald Trump or Hillary Clinton to the White House. On the day before Election Day, the Supreme Court will hear oral argument regarding a federal law that dates back to the Bill Clinton administration, the Federal Vacancies Reform Act of 1998. The FVRA was enacted in the… Read More
Argument analysis: Looking for a line in service dog case
The most famous goldendoodle in America was outside the Supreme Court today, accompanied by some of his service dog friends. A Michigan school district’s refusal to allow Wonder, a trained service dog, to go to school with E.F., a student who was born with cerebral palsy and whose mobility is impaired, was the catalyst for… Read More
Court sends Arizona life-without-parole cases back to state courts
After granting review in five new cases last Friday, the Supreme Court issued additional orders from its October 28 conference this morning. The justices did not add any new cases to their merits docket for the term. The justices returned the cases of several Arizona inmates to the state courts, instructing those courts to take… Read More