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Supreme Court

In major immigration case, both sides look to academia to untangle three knotty questions

Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Do states have standing to challenge these guidelines? And if the guidelines are unlawful, does the Administrative Procedure Act give lower courts the power to vacate them — a universal remedy that goes beyond the parties to the case? These are the three questions before the Supreme Court in United States v. Texas, set to be argued on Nov. 29. Legal scholars have addressed … Read the rest

Supreme Court

Justices clear the way for House committee to obtain Trump’s tax returns

The Supreme Court on Tuesday rejected a request from former President Donald Trump to block the disclosure of his tax returns to a congressional committee. The brief order clears the way for the House Committee on Ways and Means to obtain six years’ worth of federal tax returns for Trump and his companies.

The court did not explain its reasoning, and no justices noted dissent.

The order is the latest, and perhaps final, chapter in long-running litigation that began … Read the rest

Civil Law

The psychological assumption behind multi enterprise bargaining

In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers would be roped-in or otherwise pressured to join multi-enterprise deals, resulting in industry-level enterprise agreements much like industry awards.

More fundamentally, we made observations on the impact on competition, which have since been echoed in numerous forums.

On Wednesday this week, … Read the rest

Supreme Court

The morning read for Saturday, Nov. 19 (special edition)

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 Saturday morning read:

Former Anti-Abortion Leader Alleges Another Supreme Court Breach (Jodi Kantor & Jo Becker, The New York Times)

The post The morning read for Saturday, Nov. 19 (special edition) appeared first on SCOTUSblog.

SCOTUSblog… Read the rest

Supreme Court

Government appeals decision against Consumer Financial Protection Bureau

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

For the second time in just over three years, the Supreme Court may determine the future of the federal watchdog agency that seeks to protect consumers in the financial sector.

Three terms ago in Seila Law v. Consumer Financial Protection Bureau, the justices ruled by a vote of 5-4 … Read the rest

Circuit Courts

Facing Fiscal Crises, Judicial Conference Charted Steady Course

Over the last 25 years, the federal Judiciary has faced several fiscal emergencies, including sequestration and two government shutdowns. Each event illustrates how the Judicial Conference of the United States has transformed the way federal courts manage their finances.
Judiciary News – United States Courts… Read the rest

Civil Law

Technology in food driving FDA’s announcements during the past week

During the same week that the Food and Drug Administration re-affirmed its approval of Atlantic salmon with an intentionally altered genome, the agency also permitted the growth of chicken from animal cells in laboratories.

The approval went to a specific company, UPSIDE FOODS. The company is a leader among those wanting to harvest cells from animals and then use the cells to grow meat and poultry in lab settings.

The federal government’s dual regulatory system for cell-grown meat and poultry … Read the rest

Supreme Court

Court declines to halt execution of Alabama man whose jury voted against death penalty

In a brief order with no recorded dissents, the Supreme Court refused to block the execution of Kenneth Eugene Smith, a 57-year-old inmate who is scheduled to die by lethal injection at 7 p.m. EST on Thursday in Alabama. Smith was convicted for the 1988 murder of Elizabeth Dorlene Sennett, whom he was hired to kill by her husband, Rev. Charles Sennett.

By a vote of 11 to 1, the jury in Smith’s 1996 capital trial recommended that he … Read the rest