Supreme Court

Justices grapple with question of federal court review in immigration cases

Justices grapple with question of federal court review in immigration cases

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The Supreme Court on Monday heard oral argument in Patel v. Garland, an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. For just over 90 minutes, the justices explored statutory text, legislative history, and the presumption of judicial review.

The case involves Pankajkumar Patel, a citizen of India who has lived and worked in the United States for nearly 30 years. Patel applied for “adjustment of status,” … Read the rest

Supreme Court

Justices grant arbitration case, won’t take up Volkswagen emissions cases

Justices grant arbitration case, won’t take up Volkswagen emissions cases

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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

Supreme Court

Justices add four new cases to their docket, including Bivens case, but won’t reconsider Bivens itself

Justices add four new cases to their docket, including <em>Bivens</em> case, but won’t reconsider <em>Bivens</em> itself

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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