U.S. Courts News Reporter
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The justices returned to the bench on Jan. 8 for a packed session of oral arguments – starting with immigration policy and the post-9/11 “No Fly List” and ending on Jan. 17 with two cases that could upend the functional power of the federal administrative state.
Monday’s arguments began with two consolidated cases, Campos-Chaves v. Garland and Garland v. Singh, in which the court will consider what kind of notice the government must provide before a noncitizen can … Read the rest
On January 2, 2024, the U.S. Court of Appeals for the Ninth Circuit delivered a death blow to the City of Berkeley, California law attempting to ban natural gas, which the Court had last year found was preempted by federal law, with the action last week denying a petition to rehear the case.
While the procedural complexities of this case are more than a little daunting, and instead of reading the more than 60 page amended opinion, nearly everything important … Read the rest
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The Supreme Court on Friday afternoon granted a request from Idaho and the state’s Republican-controlled legislature to temporarily put on hold a ruling by a federal district court that would require emergency rooms in the state to provide abortions to pregnant women in an emergency. The justices agreed to weigh in on the question at the center of the dispute: whether the federal law on which the lower court relied trumps an Idaho law that criminalizes most abortions in … Read the rest
Court proceedings put a premium on decorum and civil discourse, but the skills and dispositions that set the stage start long before the attorneys and parties enter the courtroom. That is why federal judges and attorneys collaborated with Duke Law School to bring the Judiciary’s Civil Discourse and Difficult Decisions program to law students for the first time.
Judiciary News – United States Courts… Read the rest
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The Supreme Court on Friday afternoon agreed to take up another case exploring the distinction between deadlines that are jurisdictional – so that courts cannot hear a case if they are not met – and those that are instead simply a limitations period that can be waived or extended.
The justices granted review in Harrow v. Department of Defense, the case of a federal government employee who challenged his 2013 furlough. The case was the only grant on a … Read the rest
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The Supreme Court will hear arguments in January in a pair of cases asking the justices to overrule a landmark decision on deference to federal administrative agencies. Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo headline the calendar for the January argument session, which the court released on Friday morning.
Relentless and Loper Bright began as challenges to a federal rule that requires the fishing industry to pay for the cost of observers who monitor … Read the rest
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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
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The Supreme Court on Friday granted a request from the Biden administration to temporarily block a lower court’s order that would limit the ability of government officials to communicate with social media companies about their content moderation policies. The Biden administration contends that it has sought only to “mitigate the hazards of online misinformation” by flagging content that violated the social media platforms’ own policies. But two states and several individuals whose social media posts were removed or downgraded … Read the rest