Supreme Court

Former Marine challenges power of courts-martial to try military retirees

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.

Under the Uniform Code of Military Justice, military courts-martial retain jurisdiction over retired servicemembers. Courts-martial can punish a broader range of conduct and face fewer constitutional constraints than civilian courts. Therefore, since the time of the Korean War, the Supreme Court has repeatedly limited courts-martial to “the narrowest jurisdiction deemed … Read the rest

Supreme Court

Announcement of opinions for Thursday, June 16

On Thursday, June 16, we will be live blogging as the court releases opinions in one or more argued cases from the current term.

Click here for a list of FAQs about opinion announcements.

The post Announcement of opinions for Thursday, June 16 appeared first on SCOTUSblog.

SCOTUSblog… Read the rest

Supreme Court

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory 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.

Four years ago, the Supreme Court ruled in Nieves v. Bartlett that a plaintiff who alleges he was arrested in retaliation for speech protected by the First Amendment must show that police lacked probable cause to arrest him. However, the decision carved out an exception to deal with situations in … Read the rest

Supreme Court

Supreme Court cabins reach of aggravated identity theft statute

The defendant in the case, David Dubin, was convicted of health care fraud for overbilling Medicaid while working as the managing partner of a psychological services company. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. In an opinion by Justice Sonia Sotomayor, the … Read the rest

Supreme Court

Court endorses private Section 1983 enforcement of spending clause enactments

Civil rights plaintiffs scored a significant victory in Health & Hospital Corp. of Marion County v. Talevski on Thursday, with a seven-justice majority reaffirming that private plaintiffs can enforce spending clause enactments through 42 U.S.C. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987.

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as … Read the rest

Supreme Court

The morning read for Tuesday, June 6

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

Here are the major Supreme Court decisions we’re still waiting for this term (The Washington Desk, NPR)
U.S. Supreme Court weighs in on Nebraska ‘home equity theft’ cases (Cindy Gonzalez, The Nebraska Examiner)
Most Federal Employees Face More Oversight Than Clarence Thomas and Supreme Court (David Voreacos, Bloomberg)
Supreme Court to hear ‘Trump too

… Read the rest

Supreme Court

The morning read for Friday, June 2

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 Backs Employer in Suit Over Strike Losses (Noam Scheiber, The New York Times)
U.S. Supreme Court gives boost to whistleblowers in drug pricing case (John Kruzel, Reuters)
Jackson defends “the right to strike” in her first big dissent (Chris Geidner, Law Dork)
There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation

… Read the rest

Supreme Court

Supreme Court rules against union over strike liability

In an 8-1 opinion on Thursday, the justices provided a new definition to the limits on the right to strike under federal labor law. At issue in Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174was whether an employer could sue its employees’ union under state law for damage the employer incurred as a result of the union’s strike. The case produced a surprisingly broad majority agreeing that the strike at issue was not even arguably protected … Read the rest