Consider | Judiciary.org

Supreme Court

Supreme Court to consider IRS’s claim on pre-bankruptcy tax payments

When someone makes a payment to a creditor shortly before filing for bankruptcy, the Bankruptcy Code requires the creditor to return the funds. But whether those same obligations apply to the Internal Revenue Service is less clear. On Monday, the justices will consider whether the IRS is protected by sovereign immuinity from the requirement to return funds from insolvent debtors that private creditors face.

The case, United States v. Miller, involves Section 544(b) of the Bankruptcy Code, which … Read the rest

Supreme Court

Consider the wild gray squirrel, Kagan rebukes her colleagues as court overrules Chevron

Something on television last night seems to have stolen the attention from the Supreme Court in its end-of-term push. But today, the justices will issue three big and newsworthy decisions, taking back the spotlight, with the end of the term now in clear sight.

At the security line to enter the courtroom, I bump into Michael Dreeben, who argued Trump v. United States on behalf of Special Counsel Jack Smith and the Justice Department. He was here on Wednesday … Read the rest

Supreme Court

Justices consider liability for officials who block critics on social media

On Tuesday the Supreme Court will hear oral arguments in a pair of cases involving liability for public officials who block critics on their personal social-media accounts. The two cases, O’Connor-Ratcliff v. Garnier and Lindke v. Freed, are the first in a series of disputes this term arising out of the relationship between government and social media.

O’Connor-Ratcliff v. Garnier

In the first case on Tuesday, the justices are reviewing a ruling by the U.S. Court of Appeals for … Read the rest

Supreme Court

Justices to consider choice-of-law clauses in maritime insurance contracts

Tuesday’s argument in Great Lakes Insurance v. Raiders Retreat Realty offers a breather between the divisive disputes about the CFPB and voting rights topping the headlines at the advent of the October Term 2023. Perhaps some of the justices will even enjoy a return to their law-school days, as they consider whether state or federal law should govern the enforceability of maritime choice-of-law clauses.

For the readers who decided to continue past my opening paragraph, Great Lakes Insurance falls … Read the rest

Supreme Court

Justices consider civil rights tester’s right to sue

The Supreme Court on Wednesday heard oral argument in the case of a civil rights tester who searches the internet to find hotels whose websites do not provide information about the accessibility of their facilities, as required under the Americans with Disabilities Act. The owner of a Maine hotel argued that because the tester, Deborah Laufer, never intended to stay at the hotel, she does not have a legal right to bring a lawsuit. But after roughly 90 minutes … Read the rest

Supreme Court

Supreme Court will consider major case on power of federal regulatory agencies

Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Supreme Court

Justices will consider whether tech giants can be sued for allegedly aiding ISIS terrorism

In 2015, ISIS conducted a series of coordinated attacks around Paris that killed 130 people and wounded nearly 500 more. Two years later, 39 people were killed in an ISIS attack on an Istanbul nightclub during the early hours of New Year’s Day. This week, the Supreme Court will hear oral arguments in a pair of cases arising from the attacks. The justices’ decisions in Gonzalez v. Google and Twitter v. Taamneh could reshape legal liability for some of … Read the rest

Supreme Court

Justices asked again to consider the consequence of biased jurors

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 Supreme Court has ruled that the seating of a biased juror can violate the constitutional right to an impartial jury. It has stopped short, however, of holding that the violation is so stark as to constitute a “structural error” requiring automatic reversal under the Sixth Amendment, and state courts … Read the rest