Justices order new briefing in Moore v. Harper as N.C. court prepares to rehear underlying dispute

Justices order new briefing in <em>Moore v. Harper</em> as N.C. court prepares to rehear underlying dispute

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The Supreme Court on Thursday raised questions about whether it would reach a decision in a major election law case. In a brief order, the justices asked for additional briefing in Moore v. Harper, a case argued in December, to address whether the court still has the power to hear the case when the North Carolina Supreme Court has agreed to reconsider the underlying redistricting dispute that sparked the case.

The case began in state court as a … Read the rest

Court schedules final two argument sessions of 2022-23 term

Court schedules final two argument sessions of 2022-23 term

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The final argument session of the Supreme Court’s 2022-23 term will include high-profile disputes over how employers must accommodate their employees’ religious practices and how courts should decide whether threatening statements are protected by the First Amendment. The two cases, Groff v. DeJoy and Counterman v. Colorado, will headline the April argument calendar, which was released – along with the March argument calendar – on Tuesday.

The justices agreed earlier this month to take up Groff and CountermanRead the rest

Arthrex seeks second Supreme Court intervention in patent clash

Arthrex seeks second Supreme Court intervention in patent clash

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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.

Two years ago, the court ruled that medical device maker Arthrex, Inc., was wronged when the government made a final decision on a dispute over one of its patents by a panel of internally appointed officials. The justices held that the Constitution requires reviewability by a more senior patent officer … Read the rest

Supreme Court investigators fail to identify who leaked Dobbs opinion

Supreme Court investigators fail to identify who leaked <em>Dobbs</em> opinion

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The Supreme Court has not been able to determine who leaked a draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, the court said on Thursday.

The unprecedented leak last May revealed that the court was privately poised to overturn the court’s landmark decisions establishing a constitutional right to an abortion. The court indicated on Thursday that investigators would continue to review some additional evidence, but the court’s two-page statement left open the possibility … Read the rest

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

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The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v. Garland, which the Supreme Court will hear on Tuesday. In … Read the rest

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

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

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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

Court will mull scope of attorney-client privilege when lawyers give both legal and nonlegal advice

Court will mull scope of attorney-client privilege when lawyers give both legal and nonlegal advice

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A lawyer’s legal advice is privileged. A court cannot order the lawyer or the client to disclose it. But a lawyer’s nonlegal advice is not privileged. What happens when advice is partly legal and partly nonlegal and the two parts cannot be untangled? In such dual-purpose situations, does the privilege protect all the advice or none of it?

On Monday, the Supreme Court will hear opposing answers to that question in a case known as In re Grand JuryRead the rest

The lives they lived and the court they shaped: Remembering those we lost in 2022

The lives they lived and the court they shaped: Remembering those we lost in 2022

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At the end of each year, SCOTUSblog remembers some of the people whose lives and work left an imprint on the Supreme Court. From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways.

Read past years’ remembrances: 2021, 2020.

David Beckwith (Oct. 30, 1942 – Oct. 2, 2022)

Forty-nine years before the leaked opinion in Dobbs v. Jackson Women’s Health Organization, … Read the rest