Court asked to review prosecution of Jan. 6 participants, with implications for Trump

Court asked to review prosecution of Jan. 6 participants, with implications for Trump

Share

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.

On August 3, President Donald Trump pleaded not guilty to criminal charges related to the January 6, 2021 attack on the United States Capitol and interfering with the results of the 2020 election. A day later, Trump posted on his Truth Social account that “the Supreme Court must intercede.”

Even … Read the rest

Justices asked to weigh in again on “mixed” questions in immigration appeals

Justices asked to weigh in again on “mixed” questions in immigration appeals

Share

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.

When a noncitizen receives a final deportation order from immigration officials, they can appeal their case to federal court – but only under narrow circumstances. This week, we highlight cert petitions that ask the court to consider, among other things, whether courts can review a claim that a person’s deportation … Read the rest

Justices were not asked to swear under penalty of perjury that they didn’t leak Dobbs

Justices were not asked to swear under penalty of perjury that they didn’t leak <em>Dobbs</em>

Share

Gail Curley, the Supreme Court’s marshal, said on Friday that she spoke with the justices as part of her investigation into the Dobbs leak but that the justices – unlike court employees – were not asked to swear under penalty of perjury that they were not responsible for the leak.

In a brief, prepared statement released by the court, Curley indicated that she “followed up on all credible leads, none of which implicated the Justices or their spouses.”

Curley’s … Read the rest

Justices asked again to consider the consequence of biased jurors

Justices asked again to consider the consequence of biased jurors

Share

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 Supreme Court has ruled that the seating of a biased juror can violate the constitutional right to an impartial jury. It has stopped short, however, of holding that the violation is so stark as to constitute a “structural error” requiring automatic reversal under the Sixth Amendment, and state courts … Read the rest

Justices, signaling interest in False Claims Act, are asked to clarify a “knowing” violation

Justices, signaling interest in False Claims Act, are asked to clarify a “knowing” violation

Share

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.

On Monday, the court asked the government to weigh in on a petition filed earlier this year, about whether it matters that someone accused of “knowingly” defrauding the government under the False Claims Act believes or understands their own conduct was unlawful. Known as a “call for the views of … Read the rest

Justices asked to strengthen the right to earn a living

Justices asked to strengthen the right to earn a living

Share

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.

Under longstanding constitutional law, most laws survive constitutional challenges so long as the government has a “rational basis” for enacting them. This week, we highlight cert petitions that ask the court to consider, among other things, whether rational basis is the correct standard of review for a law that affects … Read the rest