Personal jurisdiction, habeas, and a possible replacement case

Personal jurisdiction, habeas, and a possible replacement case

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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 is continuing to work through its relisted cases. Last month it granted the petitions filed by the federal government and by a group of schools and libraries seeking to challenge the decision of the U.S. Court of Appeals for the 5th Circuit invalidating a system of subsidies for rural and … Read the rest

Former Roberts clerk appointed to argue deportation case

Former Roberts clerk appointed to argue deportation case

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The Supreme Court on Tuesday appointed a former clerk to Chief Justice John Roberts to defend a ruling by the U.S. Court of Appeals for the 4th Circuit in an immigration case after the Biden administration declined to do so.

The announcement that the court had appointed Stephen Hammer, an associate in the Dallas office of Gibson Dunn, to brief and argue in support of the 4th Circuit’s decision in Riley v. Garland came in a short unsigned order … Read the rest

Trump taps lawyer who argued his immunity case for solicitor general

Trump taps lawyer who argued his immunity case for solicitor general

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President-elect Donald Trump announced on Thursday that he intends to nominate D. John Sauer, who successfully argued in the Supreme Court earlier this year that Trump is entitled to broad immunity from prosecution, to serve as the solicitor general of the United States.

Trump made the announcement in a statement on Thursday evening, calling Sauer a “deeply accomplished, masterful appellate attorney.”

The 50-year-old Sauer has many of the credentials associated with others who have served as the country’s top … Read the rest

Supreme Court schedules transgender rights case for December

Supreme Court schedules transgender rights case for December

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The Supreme Court’s December argument session will feature the challenge to Tennessee’s ban on puberty blockers and hormone therapy for transgender minors, as well as a case by survivors of the Hungarian Holocaust seeking compensation for the seizure of the property by the Hungarian government and a dispute over the Food and Drug Administration’s efforts to bar flavored e-cigarettes that are likely to appeal to young people.

The court on Friday released the calendar for the December argument session, … Read the rest

Supreme Court considers truck driver’s RICO case over CBD product that cost him his job  

Supreme Court considers truck driver’s RICO case over CBD product that cost him his job  

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The Supreme Court heard oral arguments on Tuesday in the case of a truck driver who was fired from his job after a wellness product marketed as free of THC, the active ingredient in marijuana,  caused him to fail a routine drug test. Douglas Horn sued the maker of the CBD product he took for chronic pain under federal racketeering law for economic harm.

But the companies that manufacture the product told the justices on Tuesday that because Horn’s … Read the rest

Court declines death penalty case on jury selection

Court declines death penalty case on jury selection

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Over a written dissent by two justices, the Supreme Court on Monday declined to take up a death penalty case asking them to weigh in on when jury selection begins and the defendant has a right to be present. The order in Sandoval v. Texas came as part of a list of orders from the justices’ private conference last week. The justices did not add any new cases to their docket for the 2024-25 term.

The denial of review … Read the rest

Supreme Court to hear case on criminal penalties for homelessness

Supreme Court to hear case on criminal penalties for homelessness

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The Supreme Court will hear oral argument on Monday in a case that one legal expert has called the “most important Supreme Court case about homelessness in at least 40 years.” The issue before the court is the constitutionality of ordinances in an Oregon town that bar people who are homeless from using blankets, pillows, or cardboard boxes for protection from the elements while sleeping within the city limits. Defending the ordinances, the city contends that the laws simply … Read the rest