In September 2014, former Virginia governor Robert McDonnell was sentenced to two years in prison for violating federal corruption laws. After a federal appeals court upheld his conviction and sentence, McDonnell asked the U.S. Supreme Court to allow him to delay his prison sentence until after the Court had weighed in on his case. That… Read More
Argument analysis: Grappling with immigration and an eight-member Court
With the Chief Justice of the Supreme Court of Canada inside the Courtroom and thousands of demonstrators outside, the U.S. Supreme Court heard oral arguments today in the challenge to the policy known as “DAPA”: Deferred Action for Parents of Americans and Lawful Permanent Residents. The Obama administration issued DAPA in November 2014 after efforts… Read More
Opinion analysis: “Total population” metric survives “one person, one vote” challenge
For many years, the Supreme Court did not weigh in on, or otherwise get involved in, states’ efforts to draw their legislative districts. The results weren’t pretty: even as large numbers of people moved from rural areas to more urban ones, legislative boundaries remained the same. This meant that, compared with their suburban and urban… Read More
Argument analysis: Justices seem divided on birth-control mandate
Six years ago yesterday, President Barack Obama signed the Affordable Care Act into law. And so perhaps it was only fitting that yesterday the ACA was back at the Supreme Court – now, for the fourth time. The issue before the Supreme Court stems from the requirement, imposed in regulations implementing the ACA, that employers… Read More
Trusts and citizenship: It is an easy question for the Court
The case of Americold Realty Trust v. ConAgra Foods arose, as Chief Justice John Roberts suggested, from a “standard run-of-the-mill commercial dispute about a commercial accident” – specifically, a 1991 fire in a food-storage warehouse that led to the destruction of millions of tons of food. The question before the Court, however, centered on a… Read More
Kennedy holds the key in Texas abortion case
Waiting for yesterday’s oral argument in Whole Woman’s Health v. Hellerstadt, the challenge to Texas’s efforts to regulate abortions, to begin, reporters joked that their coverage of the argument could basically be written in advance, following the now-familiar plotline of many high-profile arguments in recent years. On one side: the Court’s four more liberal Justices,… Read More
Trusts and citizenship — an easy question for the Justices?
It’s not quite the fictional case of Jarndyce v. Jarndyce, but it’s not far off. In December 1991, a fire started in an underground storage facility owned and operated by Americold Services Corp. on the outskirts of Kansas City, Kansas. The fire burned for nearly two months, leading to the contamination and eventual destruction of… Read More
In the good news, bad news department . . .
There are a whopping five women on January’s hearing list, which the Court released today. That’s out of the thirty total lawyers who will argue at the Court in January. This is a big improvement from, for example, the October sitting, in which only one woman — Assistant to the Solicitor General Rachel Kovner — argued. Kovner… Read More
On remand, Louisiana death row inmate prevails on intellectual-disability claim
Victory in the U.S. Supreme Court can sometimes be fleeting: in many cases, the Court’s ruling doesn’t end the underlying legal dispute, but instead just sends it back to lower courts for additional proceedings. That’s exactly what happened earlier this year in the case of Kevan Brumfield, a Louisiana inmate on death row for the… Read More
Abigail Fisher and affirmative action return to the Court: In Plain English
A little over three years ago, Abigail Fisher was at the Supreme Court for oral arguments in her challenge to the University of Texas at Austin’s consideration of race in its undergraduate admissions process. She won a partial victory in that round: the Court sent her case back to the lower court, with instructions for… Read More