U.S. Courts News Reporter
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The Supreme Court agreed on Friday to decide whether an Oregon city can enforce its ban on public camping against homeless people. The announcement came as part of a short list of orders released from the justices’ private conference earlier in the day adding five new cases to the court’s merits docket.
The court’s ruling in City of Grants Pass v. Johnson could affect how other cities address their own epidemics of homelessness. San Francisco, which spent over $ … Read the rest
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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.
At last week’s conference, the Supreme Court had 472 petitions and applications before it – including three new relists, which yielded (so far) zero grants. On Monday the court denied review in the relisted climate change case, but all of last week’s other relists are back again this week.
This week’s conference is … Read the rest
As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds. In contrast to the NPRM relating to ancillary fees, the NPRM relating to ticket refunds arguably codifies existing DOT enforcement practices.
In this alert, we focus on the NPRM relating to ancillary fees, a term used to describe charges … Read the rest
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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
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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 will consider a whopping 472 petitions and applications at this Friday’s conference, making it the biggest conference since the behemoth end-of-summer “long conference.” The justices will be reconsidering three cert petitions for the first time.
Last June, the Supreme Court invalidated the undergraduate admissions programs at Harvard and the University of … Read the rest
“Implicit support” comes charging out of the gates as an early candidate for Word or Phrase of the Year for 2024.
Before year’s end, the IRS Office of Chief Counsel dropped a new generic legal advice memorandum (“GLAM”), AM 2023-008, titled “Effect of Group Membership on Financial Transactions under Section 482 and Treas. Reg. § 1.482-2(a).” The GLAM visits some familiar territory, including the “realistic alternatives” principle, this time in the intracompany lending context.
Tax authorities and taxpayers, of course, … Read the rest