U.S. Courts News Reporter
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The U.S. Military Academy on Tuesday urged the Supreme Court to stay out of a dispute over the use of race in the school’s admissions policy. Telling the justices that a group of students opposed to the consideration of race in college admissions was seeking to block “policies that military leaders have long deemed essential to ensuring the effectiveness of the Nation’s military,” the academy asked the court to turn down the group’s request for an order that would … 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.
Under the Uniform Code of Military Justice, military courts-martial retain jurisdiction over retired servicemembers. Courts-martial can punish a broader range of conduct and face fewer constitutional constraints than civilian courts. Therefore, since the time of the Korean War, the Supreme Court has repeatedly limited courts-martial to “the narrowest jurisdiction deemed … Read the rest
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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Penobscot Nation has regulatory authority over the Penobscot River or only over certain islands in the river, and how broadly to construe the combatant-services exception to the Federal Tort Claims Act.
In Penobscot Nation v. Frey and United States v. Frey, two cases ask the Supreme Court to review an en banc decision … Read the rest