Supreme Court

The morning read for Wednesday, Nov. 24

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 Wednesday morning read:

Native Americans are winning at the Supreme Court – with help from Justice Gorsuch ($ ) (John Fritze, USA Today)
The Supreme Court will hear cases that could undercut Biden’s climate agenda. Here’s what to know. (Maxine Joselow, The Washington Post)
The Supreme

… Read the rest

Supreme Court

Court will consider effort by North Carolina legislators to intervene to defend state voter-ID law

In a surprise pre-Thanksgiving order, the Supreme Court on Wednesday added one new case to its merits docket for the 2021-22 term. In Berger v. North Carolina State Conference of the NAACP, the justices will weigh in on an effort by Republican legislators in the state to intervene to defend the state’s voter-ID law.

The North Carolina chapter of the NAACP, along with several local chapters of the group, filed a lawsuit alleging that the law violates the … Read the rest

Supreme Court

In dispute over groundwater, court tells Mississippi it’s equitable apportionment or nothing

Less than two months after oral argument, in its first interstate groundwater case, the Supreme Court unanimously decided that Mississippi must rely on a doctrine known as equitable apportionment if it wants to sue Tennessee over the shared Middle Claiborne Aquifer. In an opinion by Chief Justice John Roberts, the court squarely rejected Mississippi’s claim that Tennessee is stealing Mississippi’s groundwater, noting that it had “‘consistently denied’ the proposition that a State may exercise exclusive ownership or control of … Read the rest

Supreme Court

Announcement of orders and opinions for Monday, November 22

On Monday, November 22, we will be live blogging as the court releases orders from the November 19 conference and 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 orders and opinions for Monday, November 22 appeared first on SCOTUSblog.

SCOTUSblog… Read the rest

Supreme Court

Legislative intervention to defend a law

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 continues to churn through its relisted cases. On Monday, the court disposed of two more. Petitioner Robyn Morgan got happy news: the Justices decided they wanted Taco Bell — or, at least, they wanted to hear that Taco Bell employee’s petition in Morgan v. Sundance, Inc., 21-328, claiming that … Read the rest

Supreme Court

Justices grant arbitration case, won’t take up Volkswagen emissions cases

Ten years ago, in AT&T v. Concepcion, the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” Concepcion involved a state law that treated arbitration clauses unfavorably. On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably.

The decision to take up the case, Morgan v. Sundance, Inc., came in … Read the rest

Supreme Court

HIV privacy, guilty pleas, and bribery convictions

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether inmates have a constitutional right to privacy in their HIV status, whether a capital defendant’s guilty plea was knowing and voluntary, and what the government must show to convict of bribery.

Payne v. Taslimi involves an inmate’s claim to a constitutional right to privacy in his HIV status. When inmate Christopher Payne was at his bed in an open dorm, Dr. Jalal … Read the rest

Supreme Court

From barbecue restaurants to highway beautification, justices mull implications of sign-ordinance case

The Supreme Court heard oral argument on Wednesday in a challenge to a Texas city’s ordinance that treats signs differently depending on whether they have a connection to the site where they are located. The U.S. Court of Appeals for the 5th Circuit ruled that the ordinance violates the First Amendment, but during over 90 minutes of oral argument in City of Austin v. Reagan National Advertising of Texas, the Supreme Court was closely divided on this question. … Read the rest