Last week a group of state and local governments, led by New York, asked the Supreme Court to temporarily block the government from implementing the “public charge” rule governing the admission of immigrants to the United States. The motion followed a January ruling by a divided Supreme Court that granted a request by the Trump… Read More
Government responds to request for temporary hold on “public charge” rule due to pandemic
Justices add computer fraud case to merits docket
This morning the Supreme Court issued orders from the justices’ private conference last week. The justices added one new case to their merits docket for next term, a case involving the interpretation of federal computer fraud laws. In Van Buren v. United States, the justices agreed to decide whether it is a federal crime for… Read More
Broad consensus on a narrow win for business in Superfund dispute
In December the Supreme Court heard oral argument in a dispute arising out of the Anaconda Smelter, which refined copper ore in southwestern Montana but also became a major polluter and, eventually, a “Superfund” site whose cleanup was supervised by the federal Environmental Protection Agency. The case pits Atlantic Richfield Co., which owned the smelter… Read More
With debate over adherence to precedent, justices scrap nonunanimous jury rule
In 1972, the Supreme Court ruled that the Sixth Amendment guarantees a right to a unanimous jury – but that defendants in state trials do not have such a right. Today, by a vote of 6-3, the justices reversed course, holding that the Sixth Amendment establishes a right to a unanimous jury that applies in… Read More
Faced with a pandemic, the Supreme Court pivots
It has been one month since the Supreme Court announced on March 16 that, in response to the COVID-19 outbreak, it would cancel its March argument session, which was slated to include the disputes over access to President Donald Trump’s financial records. On April 3, the justices announced that their April argument session, which had… Read More
Dreaming of a spot in the courtroom
Over 700,000 young adults who were brought to the United States without documentation have obtained protection from deportation through the Deferred Action for Childhood Arrivals program, known as DACA. The Supreme Court sets aside approximately 50 seats at oral arguments for members of the general public. With 48 hours to go before the oral argument… Read More
New York asks justices for temporary pause of “public charge” rule
In January, the Supreme Court – by a vote of 5-4 – granted a request by the Trump administration for permission to enforce the “public charge” rule, governing the admission of immigrants to the United States, while it appeals a pair of orders by a federal district court in New York. Today, a group of… Read More
Court sets cases for May telephone arguments, will make live audio available
The Supreme Court announced this morning that it will hear 10 oral arguments by telephone in May, in 13 cases that had previously been scheduled for argument in March and April but had been postponed because of the COVID-19 pandemic. In a one-page press release, the justices indicated that argument dates over six days in… Read More
Texas abortion dispute reaches Supreme Court (Updated)
UPDATE: In an unsigned order on Monday night, the U.S. Court of Appeals for the 5th Circuit allowed medication abortions to go forward — the same relief that Planned Parenthood had sought in the Supreme Court — while litigation over the near-total ban on abortions in Texas continues. The ruling by the three-judge panel expressed… Read More
High-profile cases, live audio and public interest
Long lines were a hallmark of high-profile oral arguments at the Supreme Court this term, in cases involving issues ranging from abortion to gun rights to employment protections for LGBT employees. Because the Supreme Court does not normally release the audio of its oral arguments until the end of the week, attending the oral argument… Read More