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Supreme Court

The morning read for Wednesday, May 4

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Wednesday morning read:

What a Supreme Court Ruling on Roe v. Wade Would Mean for Women (Laura Kusisto, Liz Essley Whyte, & Jennifer Calfas, The Wall Street Journal)
Abortion Draft Raises Alarm Over Privacy, LGBTQ Rights (Kimberly Strawbridge Robinson & Jordan S. Rubin, Bloomberg Law)

… Read the rest

Civil Law

Years in the making: New York issues two sets of “final draft” corporate tax reform regulations

On April 29, 2022, the New York State Department of Taxation and Finance issued two sets of “final draft” regulations relating to the corporation franchise tax reform that took effect for tax years beginning on or after January 1, 2015. Since the sweeping corporate tax reform was enacted, the Department has published a series of proposed updates to the Article 9-A corporation franchise tax regulations, but the two sets of regulations issued on April 29 are the first to be … Read the rest

Supreme Court

Court has voted to overturn Roe, according to draft opinion published by Politico

The Supreme Court has voted to overturn Roe v. Wade and Planned Parenthood v. Casey, according to a copy of an apparent draft opinion obtained by Politico.

Obtained by reporters Josh Gerstein and Alexander Ward, the 98-page draft opinion by Justice Samuel Alito is dated Feb. 10, 2022. It is styled as the “opinion of the Court” in Dobbs v. Jackson Women’s Health Organization, in which Mississippi and its supporters have asked the justices to eliminate the … Read the rest

Civil Law

Korea Trademark Act Amendments

The Korean Intellectual Property Office has put out a useful guide to recent Korea Trademark Act amendments. Below is a summary of amendments effective as of April 20, 2022:

Extension of Trial Request Period. The time to request a trial against an amendment rejection or a final rejection has been extended from 30 days to three months.

Petition for Restoration of Trademarks. The grounds to restore trademark rights that have been extinguished due to invalidity of trademark procedures … Read the rest

Supreme Court

Capital defendant whose lawyer conceded guilt despite his objection seeks relief from Supreme Court

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. Louisiana.

Though the inmate in the 2018 case, Robert McCoy, had insisted that he was innocent, his lawyer considered the evidence against McCoy “overwhelming” and counseled that the best strategy to avoid the death penalty was to concede guilt. … Read the rest

Supreme Court

Republicans call ethics hearing a double-standard; Democrats call for a standard

On the same day that Congress approved legislation to improve the justices’ financial disclosure transparency, a House panel was caught up in a political scuffle over legislative proposals for broader Supreme Court reform, including a binding code of ethics.

At the hearing on Wednesday, Democrats on the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet raised concerns over apparent ethical lapses by the justices and the court’s legitimacy. Chair Hank Johnson, D-Ga., opened by pointing to the … Read the rest

Civil Law

Senate Grows Impatient with PTAB

Tillis/Hirono Demand Answers on OpenSky

Barely on the job for a week, Director Vidal is already being politically pressured to address a festering issue of patent policy. That issue—the use of a recycled IPR petition as a means to collaterally attack large damage verdicts— is a self-inflicted wound for the agency. The OpenSky business model wouldn’t exist absent the ill conceived expansion of discretionary denial practices under former Director Iancu.

Senator Tillis (a vocal supporter of Director Iancu) sent a … Read the rest

Supreme Court

Tough questions for both sides in dispute over “remain in Mexico” policy

The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies. The lower courts ordered the Biden administration to reinstate the controversial policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. courts. During nearly two hours of oral argument in Biden v. Texas, the justices appeared torn on whether the Biden administration must maintain the … Read the rest