Justices seem to favor IRS in dispute over shareholder’s life insurance policy

Justices seem to favor IRS in dispute over shareholder’s life insurance policy

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The justices were considerably more subdued in the argument in Connelly v. Internal Revenue Service than they were on Tuesday, when they confronted the FDA’s treatment of the abortion drug mifepristone. This is a case about the tax treatment of life insurance policies that closely held corporations use to manage the death of a shareholder. Assume, as is common, a small corporation owned by members of the same family. When one dies, if the surviving shareholders want to keep … Read the rest

Justices seem to resolve Dogecoin arbitration dispute during argument

Justices seem to resolve Dogecoin arbitration dispute during argument

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Wednesday’s oral argument in Coinbase v. Suski was the court’s second case in February under the Federal Arbitration Act, and by all accounts this one will be a lot easier for them to resolve than Bissonnette v. LePage Bakeries. Coinbase is a technical dispute about the “delegation clause” in an arbitration agreement, which “delegates” to the arbitrator not only the job of resolving the dispute between the parties, but also the threshold question whether any particular dispute falls … Read the rest

Court won’t hear Trump immunity dispute now

Court won’t hear Trump immunity dispute now

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The Supreme Court on Friday rejected a request from Special Counsel Jack Smith to decide, without waiting for a federal appeals court to weigh in, whether former President Donald Trump can be tried on criminal charges that he conspired to overturn the results of the 2020 election. Smith had asked the justices to act quickly to resolve the dispute over Trump’s immunity during the 2023-24 term, but the justices turned him down, in a brief unsigned order issued on … Read the rest

Court turns down request for relief in Arizona leadership’s voting law dispute

Court turns down request for relief in Arizona leadership’s voting law dispute

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The Supreme Court on Monday afternoon denied a request from the leaders of the Arizona legislature to put on hold an order that would require them to be deposed about the legislature’s enactment of voting laws that make it more difficult to register to vote. In a brief unsigned order without any noted dissents, the justices turned down an emergency filing from Ben Toma, the speaker of the Arizona House of Representatives, and Warren Petersen, the president of the … Read the rest

Justices take up bump stock dispute

Justices take up bump stock dispute

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Less than a week before the justices are scheduled to hear argument in a high-profile gun-rights case, the court added another dispute involving firearms to its docket for the 2023-24 term. In Garland v. Cargill, the justices will decide whether a “bump stock” – an attachment that transforms a semiautomatic rifle into a fully automatic, assault-style weapon – is a “machinegun,” which is generally prohibited under federal law. The case was one of three new cases in which … Read the rest

Tribal self-governance at center of dispute over federal health care costs

Tribal self-governance at center of dispute over federal health care costs

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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.

The Indian Health Service is an agency within the Department of Health and Human Services that administers health care programs for Native American tribes. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. This week, we highlight petitions that … Read the rest

Section 8 vouchers take center stage in dispute between landlord and disabled tenant

Section 8 vouchers take center stage in dispute between landlord and disabled tenant

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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.

Federal law bars housing discrimination against a person with a disability. Under the Fair Housing Act, landlords and sellers must provide “reasonable accommodations” to give someone with a disability “equal opportunity” to rent or buy a home. This week, we highlight petitions that ask the court to consider, among other … Read the rest

FBI asks justices to wade into No Fly List dispute

FBI asks justices to wade into No Fly List dispute

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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.

Someone who files a lawsuit over wrongful treatment might be pleased if the defendant stops its allegedly harmful conduct, rendering the case moot – that is, no longer a live case or controversy. But under the so-called voluntary cessation doctrine, plaintiffs may continue to press their case unless the defendant … Read the rest