Alabama’s redistricting on the shadow docket

Alabama’s redistricting on the shadow docket

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The morning read for Wednesday, Feb. 9

The morning read for Wednesday, Feb. 9

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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 Wednesday morning read:

  • Brett Kavanaugh’s Defense of the Shadow Docket Is Alarming (Steve Vladeck, Slate)
  • Potential Supreme Court nominee faces questions on religious rights case (Robert Barnes, The Washington Post)
  • The Supreme Court may completely hollow out the Voting Rights Act by 2024 (Joan Biskupic, CNN)
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In 5-4 vote, justices reinstate Alabama voting map despite lower court’s ruling that it dilutes Black votes

In 5-4 vote, justices reinstate Alabama voting map despite lower court’s ruling that it dilutes Black votes

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The Supreme Court on Monday allowed Alabama to implement a redistricting plan that is being challenged as illegal racial gerrymandering. A lower court ruled last month that the state’s new congressional map likely violates the Voting Rights Act, and it ordered the state to draw a new map. But the Supreme Court in a 5-4 decision put the lower court’s ruling on hold, effectively allowing Alabama to proceed with its preferred map as it prepares for primary elections in … Read the rest

Trademark infringement and procedural rules

Trademark infringement and procedural rules

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the holder of a U.S. trademark can win damages for trademark infringements in foreign sales, and whether the Federal Rules of Bankruptcy Procedure or Civil Procedure govern a wrongful-death case.

Trademark infringements in foreign sales

Abitron Austria GmbH v. Hetronic International, Inc. addresses the international reach of the Lanham Act, which provides remedies for infringement of U.S. trademarks. After a dispute over … Read the rest

Profile of a potential nominee: J. Michelle Childs

Profile of a potential nominee: J. Michelle Childs

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In 2020, Rep. James Clyburn of South Carolina made a key endorsement, backing then-candidate Joe Biden in the state’s Democratic primary. Less than two years later, Clyburn has made another major endorsement, urging Biden to nominate Judge J. Michelle Childs, a federal trial judge in South Carolina, to succeed Justice Stephen Breyer when he retires. Clyburn told Axios that he has been advocating for Childs at the White House for six months, well before Breyer announced that he intends … Read the rest

Profile of a potential nominee: Ketanji Brown Jackson

Profile of a potential nominee: Ketanji Brown Jackson

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Even before taking office, President Joe Biden pledged to reshape the federal judiciary. In a December 2020 letter, during his presidential transition, he asked Democratic senators to recommend public defenders and civil rights lawyers, who have generally been underrepresented on the federal bench, for judgeships. If the president nominates Judge Ketanji Brown Jackson, who currently sits on the U.S. Court of Appeals for the District of Columbia Circuit, to fill the vacancy left by the retirement of Justice Stephen … Read the rest

Always an optimist, always a teacher

Always an optimist, always a teacher

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This article is part of a series of tributes on the career of Justice Stephen Breyer.

Aileen McGrath is senior counsel in the Supreme Court and appellate practice at Akin Gump Strauss Hauer & Feld. She clerked for Breyer during the 2008-09 term.

Those of us who had the privilege to clerk for Justice Breyer have many fond and charming memories of the justice, his warmth, and his kindness. One of my favorite memories seems appropriate to share after hearing the … Read the rest

Court sets quiet March argument calendar

Court sets quiet March argument calendar

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The Supreme Court ended a week of momentous news on a much more low-key note, releasing on Friday afternoon the argument calendar for the justices’ March arguments. The court will hear eight hours of oral arguments over six days, on topics ranging from arbitration to international child-custody law.

Here is the full list of cases scheduled for the March argument session:

Morgan v. Sundance, Inc. (March 21): Whether an employee is required to show prejudice to prove that a … Read the rest