Supreme Court

The morning read for Friday, May 3

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Supreme Court’s next chapter on abortion puts women’s health in its crosshairs (Kelsey Reichmann, Courthouse News Service)
Advocates say Supreme Court must preserve new, mostly Black US House district for 2024 elections (Kevin McGill, The Associated Press)
Where does the Supreme Court stand on gender-affirming care bans? (Orion Rummler, The 19th)
Former Supreme Court

… Read the rest

Supreme Court

The morning read for Wednesday, May 1

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Wednesday morning read:

Supreme Court declines to block Texas pornography restriction (Lawrence Hurley, NBC News)
Trucker failed drug test after taking CBD supplement. Supreme Court to decide if he can sue (Maureen Groppe, USA Today)
Jones Day Leads in Supreme Court Arguments With New Faces (Kimberly Strawbridge Robinson, Bloomberg Law)
Justice Stephen Breyer’s blunt message to Supreme

… Read the rest

Supreme Court

Supreme Court takes up RICO and veterans “benefit of the doubt” cases

In a list of orders released from the justices’ private conference last week, the justices granted review in four cases – adding those cases to the lone four cases that they have agreed to take up for the 2024-25 term since early January. Monday’s grants involve (among others) the interpretation of federal racketeering laws and the “benefit of the doubt” rule for veterans.

In Medical Marijuana v. Horn, the Supreme Court agreed to decide whether a commercial truck … Read the rest

Supreme Court

RICO injury, federal jurisdiction, and giving veterans the benefit of the doubt

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court is back in the relist business with a vengeance. On Monday, it granted review of the Biden administration’s newly relisted petition seeking to establish the lawfulness of its efforts to regulate so-called “ghost guns,” as well as the Commonwealth of Virginia’s first-time relist arguing that a plaintiff who won a … Read the rest

Supreme Court

On presidential immunity, a riveting national civics lesson

Today is the last day of argument for the 2023-24 term, and – as everyone in the courtroom knows – we are here to see what is probably the biggest case of the term: Trump v. United States.

Yesterday, after an intense argument over abortion and emergency care in Moyle v. United States, Chief Justice John Roberts popped over to Georgetown University Law Center’s annual end-of-arguments reception, which revolves around the law school’s Supreme Court Institute and … Read the rest

Supreme Court

Justices dubious about dismissing suits while waiting for arbitration

Monday’s argument in Smith v. Spizziri was this month’s case under the Federal Arbitration Act. This one explores what a trial court can do when it refers a pending suit to arbitration. Section 3 of the FAA says that if the court refers the case to arbitration, it “shall on application of one of the parties stay the trial of the action until such arbitration has been had.” The question is whether the trial court, instead of staying the … Read the rest

Supreme Court

Supreme Court to hear case on criminal penalties for homelessness

The Supreme Court will hear oral argument on Monday in a case that one legal expert has called the “most important Supreme Court case about homelessness in at least 40 years.” The issue before the court is the constitutionality of ordinances in an Oregon town that bar people who are homeless from using blankets, pillows, or cardboard boxes for protection from the elements while sleeping within the city limits. Defending the ordinances, the city contends that the laws simply … Read the rest

Supreme Court

Kentucky man says police violated Fourth Amendment by searching his backpack during arrest

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.

The Fourth Amendment generally bars police from searching people or their property without a warrant. The Supreme Court has made an exception for searches made during an arrest. But although that exception applies to arrestees themselves, it only extends to their nearby possessions if there is a risk they can … Read the rest