UPDATED: Shortly after 6 p.m., Justice Ruth Bader Ginsburg put the 2nd Circuit’s ruling on hold until next Friday, December 13, at 5 p.m. Ginsburg’s order gives the justices time to rule on Trump’s request for a longer stay of the lower court’s decision while he files a petition for review. Ginsburg ordered the House… Read More
Justices grant one new case for spring
This afternoon the Supreme Court issued orders from the justices’ private conference earlier in the day. The justices added just one new case to their merits docket for the term: Carney v. Adams, a challenge to the constitutionality of a Delaware law that limits the number of judges affiliated with a particular political party to… Read More
Justices return to international child-custody convention
Under the Hague Convention on the Civil Aspects of International Child Abduction, a child who is wrongfully removed from her country of “habitual residence” must be returned to that country. By requiring the child’s return, so that the courts in the country of “habitual residence” can make any decisions about custody, the convention aims to… Read More
Trump asks justices to quash subpoena for financial records
Late last month the Supreme Court agreed to put on hold a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that upheld a subpoena for President Donald Trump’s financial records. The justices ordered lawyers for Trump to file a petition for review of the D.C. Circuit’s decision by noon today…. Read More
Justices to consider Affordable Care Act, risk corridors and implied repeals
In July, the U.S. Court of Appeals for the 5th Circuit heard oral argument in a challenge to the validity of the Affordable Care Act. Although there is no way to know when that court will issue its opinion, the loser is expected to ask the Supreme Court to weigh in, in what could be… Read More
Justices leaning toward a (possibly narrow) ruling for business in CERCLA suit
For decades, the Anaconda Smelter refined copper ore in southwestern Montana. The smelter provided copper for use in phone wires and power lines, but it was also a major polluter, spewing tons of arsenic and lead into the surrounding area. Atlantic Richfield Co., which owned the smelter when it shut down in 1980, has spent… Read More
Federal government asks justices to allow executions to go forward
It has been less than two weeks since a federal judge in Washington, D.C., issued an order blocking the executions of four federal inmates. This evening the federal government asked the Supreme Court to lift the lower court’s order and allow the executions – the first of which is scheduled for next week – to… Read More
Justices focus on mootness in challenge to now-repealed New York City gun rule
This morning the Supreme Court heard oral argument in a challenge to the constitutionality of a New York City rule that barred gun owners from taking their licensed guns outside the city. The gun owners argued that the rule violated their right to “keep and bear arms” under the Constitution’s Second Amendment. But it’s not… Read More
Justices to consider whether CERCLA bars state lawsuit to restore hazardous-waste site
For nearly a century, the Anaconda Smelter, located in southwestern Montana, refined copper ore for use in phone wires and power lines. The smelter shut down in 1980, the same year that Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act to manage and clean up hazardous-waste sites, dubbed “Superfund” sites. Three years later,… Read More
Abortion, CFPB cases scheduled for February sitting
This morning the Supreme Court released the calendar for the justices’ February argument session, which begins on Monday, February 24, and runs through the first week of March. During the session, the court will hear nine hours of oral argument over six days. The highest-profile cases of the sitting will come at the end of… Read More