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Supreme Court

Court denies mental incompetency plea in Oklahoma execution case

The Supreme Court on Wednesday declined to block the execution of an Oklahoma man with schizophrenia, rejecting a claim from his legal team that he does not understand the reason for his execution. Benjamin Cole is scheduled to be executed by lethal injection on Thursday.

The court turned down Cole’s last-minute appeal in a brief order with no recorded dissents. Justice Neil Gorsuch did not participate in the decision. Gorsuch likely recused himself because he was a judge on … Read the rest

Supreme Court

Court denies Trump’s request to intervene in Mar-a-Lago documents case

The Supreme Court on Thursday afternoon rejected a request from former President Donald Trump to allow a special master to review about 100 documents, marked as classified, that the FBI seized from Trump’s home. The ruling came in an unsigned one-sentence order; there were no dissents recorded.

The documents at the center of the dispute were among the 11,000 documents seized by the FBI in an Aug. 8 search of Mar-a-Lago, Trump’s resort in Palm Beach, Florida. In September, … Read the rest

Supreme Court

Justices vacate lower court’s ruling in Pennsylvania ballot-counting case that is now moot

The Supreme Court on Tuesday invalidated a lower-court ruling in a Pennsylvania election dispute that the losing candidate conceded three and a half months ago. When the dispute was before the justices earlier this year, Justice Samuel Alito had suggested that the lower court’s ruling on ballot counting “broke new ground” and could affect the outcome of the state’s upcoming general elections. The decision in Ritter v. Migliori came on a list of orders from the justices’ private conference … Read the rest

Civil Law

Prosecutorial Civil Public Interest Litigation of Antitrust Case Under the New China’s Anti-Monopoly Law

Preface

The revised Anti-Monopoly Law of the People’s Republic of China (“New AML”) entered into force on August 1, 2022. The New AML introduces in the second paragraph of Article 60 that “where the monopolistic conduct of an undertaking damages social and public interest, the people’s procuratorate at or above the level of city with subordinate districts may file a public interest civil lawsuit with the people’s courts”, thereby clarifying for the first time the application of civil … Read the rest

Civil Law

Court action in case against former Blue Bell chief continues despite hung jury

— ANALYSIS —

Today the U.S. Court for the Western District of Texas is giving its first attention since Aug. 15 to the criminal case involving former Blue Bell chief Paul Kruse.

“The court hereby sets and directs the parties, or counsel acting on their behalf, to appear by phone for an initial pretrial conference on 10/05/2022 at 10:10 AM, “ the federal case dockets says.

The court declared a mistrial in the case on Aug. 15 after a jury trial broke … Read the rest

Supreme Court

In Maryland prison-assault case, a request to clarify an important procedural question

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.

Defendants appealing a case in federal court have to follow a series of rules to keep a specific issue alive and eligible for review. This week, we highlight cert petitions that ask the court to consider, among other things, whether a prison official appealing a jury verdict against him can … Read the rest

Supreme Court

Court will hear affirmative-action challenges separately, allowing Jackson to participate in UNC case

The Supreme Court announced on Friday that it will consider two challenges to the role of race in college admissions separately, rather than – as it had originally planned – together. That news, which came in a brief order from the court, was not unexpected: It allows Justice Ketanji Brown Jackson, the court’s newest justice, to participate in one of the cases, involving the consideration of race in the University of North Carolina’s undergraduate admissions process, while recusing herself … Read the rest

Supreme Court

Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall

The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. The justices on Thursday agreed to take up a challenge by Texas and Louisiana to a new federal policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. The justices will hear the case in late November without waiting for a federal appeals court to weigh in.

The justices … Read the rest