Judiciary.org - Part 50

Supreme Court once again considers the “categorical approach” to sentencing enhancements

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court cleared out quite a bit of its backlog of relisted cases at last week’s conference. For starters, it granted review in City and County of San Francisco v. Environmental Protection Agency, concerning how specific Clean Water Act pollutant discharge permits have to be. But the court denied review in … Read the rest

Civil Law

Michigan AG Solicits Attorney Help for Climate Change Litigation

In recent months, much of the discussion of ESG issues has focused on the impact of the ESG backlash. However, the predominance of the backlash movement in the current ESG discussion does not mean that interest in addressing ESG-related concerns has disappeared; in certain circles at least, ESG concerns remain on the agenda. The most interesting recent development along these lines is the May 9, 2024, issuance of a Request for Proposals (RFP) by the Michigan Department of Attorney General, … Read the rest

Supreme Court

Alito reject calls to recuse from Trump, Jan. 6 cases in light of flag controversies

Two weeks after the New York Times first reported that an upside-down American flag – popular among the “Stop the Steal” movement – flew outside the Virginia home of Justice Samuel Alito in the days following the Jan. 6, 2021, attacks on the U.S. Capitol, Alito rebuffed requests from Democratic lawmakers to recuse himself from cases involving immunity for former President Donald Trump for his role in the Jan. 6 attacks and the scope of a federal criminal law … Read the rest

Supreme Court

The morning read for Friday, May 24

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Supreme Court rules in South Carolina gerrymandering case (Nina Totenberg, NPR)
Supreme Court throws out race claim in South Carolina redistricting case in win for GOP (Lawrence Hurley, NBC News)
Supreme Court Conservatives Add New Minority Voter Roadblocks (Kimberly Strawbridge Robinson, Bloomberg Law)
Tired, testy and fractured: The Supreme Court prepares for more drama

… Read the rest

Civil Law

What Do Plaintiffs’ Lawyers’ Pre-Filing Press Releases Signify?

One of the procedural innovations the PSLRA introduced was the requirement that plaintiffs’ counsel who file a securities class action lawsuit complaint must issue a press release announcing the complaint’s filing and notifying prospective class members of the opportunity to seek to become lead plaintiff. Plaintiffs’ lawyers quickly realized the potential publicity value for them from this exercise. Over time, related practices have developed, including the now commonplace practice in which plaintiffs’ lawyers issue a press release before they have … Read the rest

Supreme Court

Restrictions on gender-affirming medical care – and assault weapons

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

After going two conferences without any new relists, the Supreme Court ended the relist drought this week with a vengeance. We have 12 new relists, several of which are potential blockbusters if the court grants review.

Gender-affirming care

Three of the cases involve constitutional challenges brought against state prohibitions on providing gender-affirming care … Read the rest

Civil Law

Company refuses to recall apricot products despite FDA warning of possible cyanide poisoning

The FDA is warning consumers against consuming Apricot Power products because of the presence of the toxic compound amygdalin, which can lead to cyanide poisoning.

Following receipt of a complaint and sample results, the Food and Drug Administration notified Apricot Power of the results and initial concerns. On May 8, the firm declined to recall the products. Upon additional assessment of the findings, the FDA held a follow up call with the firm to share the risks associated with these … Read the rest

Supreme Court

Court rules for South Carolina Republicans in dispute over congressional map

The Supreme Court on Thursday threw out a ruling by a federal district court holding that a congressional district on the South Carolina coast was an unconstitutional racial gerrymander – that is, it sorted voters based primarily on their race. In an opinion by Justice Samuel Alito, the justices cleared the way for the state to use the map going forward. The 6-3 decision, with the justices divided on ideological lines, means that the disputed district will remain a … Read the rest

Gender-affirming care

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