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Supreme Court

Justices schedule first cases of the 2023-24 term

Just two weeks after the justices finished releasing their opinions from the 2022-23 term, the court is now looking ahead to next term. The Supreme Court on Friday released the calendar for its October oral argument session. The justices will hear just six cases over five days between Oct. 2 and Oct. 11. The session will, however, include several high-profile cases, such as the challenge to a purported racial gerrymander in South Carolina’s congressional map and a challenge to … Read the rest

Civil Law

On icy ground: Kamila Valieva and the challenge of pleading “no fault or negligence” in anti-doping cases

Introduction

On 21 February 2023, the World Anti-Doping Agency (“WADA”) issued a statement confirming that it was appealing the decision of the disciplinary tribunal of the Russian Anti-Doping Agency (“RUSADA”) in the case of Kamila Valieva to the Court of Arbitration for Sport (“CAS”). Although the full decision has not been published, the RUSADA tribunal found that the teenage figure skater bore ‘no fault or negligence’ (“NFON”) in testing positive for a … Read the rest

Supreme Court

Court grants review in new batch of cases, including dispute on religious rights of employees

The Supreme Court will review how employers must accommodate their employees’ religious practices, how courts should decide whether threatening statements are protected by the First Amendment, and whether a local government violated the Constitution when it confiscated and sold a $ 40,000 home based on the owner’s failure to pay $ 15,000 in property taxes.

Those issues are among a slew of new disputes that the justices added to their docket on Friday afternoon in an order list from … Read the rest

Supreme Court

A guide to the amicus briefs in the affirmative-action cases

Nearly 100 amicus briefs were filed in Students for Fair Admissions v. the University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College, the cases questioning the use of affirmative action in undergraduate admissions at both public and private universities.

Thirty-three briefs support SFFA and 60 briefs support the universities. We reviewed them all and summarized many of the noteworthy arguments.

The cases will be argued on Monday. For background on the … Read the rest

Supreme Court

Court declines to take up petition seeking to overturn Insular Cases

The Supreme Court will not reconsider the Insular Cases, a widely criticized and racist group of early 20th-century decisions holding that the residents of U.S. territories do not automatically enjoy all of the rights protected by the Constitution. The announcement came on a list of orders released on Monday morning from the justices’ private conference last week. The justices did not add any new cases to their merits docket for the 2022-23 term.

The request to overrule the Insular … Read the rest

Civil Law

New Zealand links hepatitis A berry cases to EU illnesses

Officials in New Zealand investigating Hepatitis A cases linked to berries have identified a connection with a past outbreak in Europe.

There are 12 hepatitis A infections from eating frozen berries in New Zealand. Eight have been linked by genetic sequencing, meaning they were likely exposed to the same source of the virus. Seven people have been hospitalized. The virus attacks the liver. The Ministry for Primary Industries (MPI) was informed by the Ministry of Health of three Hepatitis A … Read the rest

Civil Law

Officials criticized for gap in controls at firm behind Listeria cases

A political party in Germany has criticized the time it took for a long-running Listeria outbreak to be solved.

The Social Democratic Party (SPD) in Bayern said it was shocked by the lack of checks at the implicated company. The opposition group had previously called on the governing Christian Social Union and Free Voters of Bavaria parties to provide clarity on the incident.

In July, the Bavarian State Office for Health and Food Safety (LGL) said it helped identify a … Read the rest

Supreme Court

Justices grant review in cases on Bank Secrecy Act and False Claims Act

The Supreme Court on Tuesday morning added two cases — one involving the Bank Secrecy Act, the other involving the government’s power to dismiss fraud claims — to its 2022-23 docket. In a list of orders from the justices’ private conference last week, the justices also turned down – over a dissent from Justice Clarence Thomas that was joined by Justice Samuel Alito – a request from Ohio to reinstate the conviction and death sentence of an inmate who … Read the rest