In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

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The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli, an executive convicted of federal wire fraud in connection with bid-rigging to secure a $ 750 million New York state contract. The trial court informed a federal jury regarding a “right to control” theory of fraud, and the jury convicted Ciminelli. At argument, Justice Neil Gorsuch remarked at the “radical agreement” among all that the right-to-control theory was flawed, but there was less consensus as … Read the rest

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

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

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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

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

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

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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

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

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

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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:

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

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Government appeals decision against Consumer Financial Protection Bureau

Government appeals decision against Consumer Financial Protection Bureau

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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.

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

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

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

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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

Court allows Jan. 6 committee to obtain phone records of Arizona GOP chair

Court allows Jan. 6 committee to obtain phone records of Arizona GOP chair

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The Supreme Court on Monday cleared the way for a cellphone provider to turn over call records for Dr. Kelli Ward, the chair of the Arizona Republican Party, to the committee investigating the Jan. 6, 2021, attack on the U.S. Capitol. Ward had asked the justices to block a subpoena addressed to T-Mobile, arguing that there “could hardly be a starker example of seeking to punish people for having ties to political views regarding the outcome of the 2020 … Read the rest

FedEx employees seek to preserve collective-action lawsuits over wages

FedEx employees seek to preserve collective-action lawsuits over wages

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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.

Five years ago, the justices in Bristol-Myers Squibb v. Superior Court of California limited certain personal-injury lawsuits against businesses to residents of a single state. Since that 2017 decision, businesses have convinced state courts to cabin a host of lawsuits brought by out-of-state plaintiffs over out-of-state conduct. This week, we … Read the rest