U.S. Courts News Reporter
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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.
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
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In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the justices get another chance to offer their take on the “fair use” doctrine in copyright law. The case involves a set of images Andy Warhol based on a 1981 photograph of Prince by the award-winning photographer Lynn Goldsmith, herself famous for iconic photographs of musicians like Roger Daltrey and Bruce Springsteen. All agree that Warhol used the Goldsmith image as a basis for his images; Vanity Fair … Read the rest
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In Tuesday’s oral argument, the Supreme Court grappled with three main issues in Arellano v. McDonough, a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. First, the court looked into whether 38 U.S.C. § 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Second, if it is a statute of limitations, the court pondered … Read the rest