U.S. Courts News Reporter
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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.
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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
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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
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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
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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
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In 2015, the Supreme Court unanimously agreed that an Arizona town could not impose different restrictions on the display of temporary signs based on the messages they conveyed. The justices did not agree on the rationale for their ruling in Reed v. Town of Gilbert, however, and Justice Elena Kagan warned that the Supreme Court could become “a veritable Supreme Board of Sign Review.” On Wednesday, that board will be in session.
The case, City of Austin v. … Read the rest
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The FBI called it “Operation Flex”: a counterterrorism investigation in southern California. When three of the Americans targeted by the FBI learned of the investigation, they filed a lawsuit in federal court, alleging that the FBI and its agents had discriminated against them based on their religion and had conducted illegal searches. That lawsuit is now before the Supreme Court, which will hear argument Monday on whether it should be dismissed under the “state secrets” privilege or whether a … Read the rest
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Fifty years ago, in Bivens v. Six Unknown Federal Narcotics Agents, the Supreme Court ruled that a private individual could sue an FBI agent for violating his Fourth Amendment rights, even when there was not a specific law authorizing a claim for damages. In the nine years after Bivens, the court recognized Bivens claims for damages for violations of the Fifth and Eighth Amendments, but in 2017 it stressed that “expanding the Bivens remedy is now a … Read the rest