U.S. Courts News Reporter
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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:
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The Supreme Court on Monday morning added a maritime law case to its docket for the 2023-24 term and invited the federal government to submit briefs expressing its views in two more cases. Both announcements came on an otherwise quiet order list released from the justices’ conference on Friday, March 3.
The justices granted review in Great Lakes Insurance SE v. Raiders Retreat Realty Co., a dispute that began after a yacht owned by Raiders Retreat Realty Co. … Read the rest
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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.
It is unconstitutional for police to enter a home without a warrant to arrest someone if they do not have “reason to believe” the suspect is in the home. This week, we highlight cert petitions that ask the court to consider, among other things, whether that standard is equal to … Read the rest
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The Supreme Court on Thursday raised questions about whether it would reach a decision in a major election law case. In a brief order, the justices asked for additional briefing in Moore v. Harper, a case argued in December, to address whether the court still has the power to hear the case when the North Carolina Supreme Court has agreed to reconsider the underlying redistricting dispute that sparked the case.
The case began in state court as a … Read the rest
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In many ways, Monday’s oral argument in Dubin v. United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. At argument, the justices wrestled with whether David Dubin, when he overbilled Medicaid, “used” the “identification of another” “without lawful authority” “during and in relation” to an enumerated … Read the rest
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The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” On Monday, the Supreme Court will consider the reach of this statute in Dubin v. United States.
As background, petitioner David Dubin was convicted of health care fraud — an enumerated felony. Dubin was the managing partner of a psychological services … Read the rest
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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 Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … Read the rest
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The Supreme Court on Wednesday appeared wary of a lawsuit seeking to hold Twitter, Facebook, and Google liable for aiding and abetting international terrorism based on ISIS’s use of the companies’ platforms. But during nearly three hours of oral argument, the justices struggled to draw a line between holding organizations responsible for supporting terrorism and allowing organizations to go about legitimate business, even if they may come in contact with terrorists as part of that business.
The dispute, Twitter … Read the rest