Arthrex seeks second Supreme Court intervention in patent clash

Arthrex seeks second Supreme Court intervention in patent clash

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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.

Two years ago, the court ruled that medical device maker Arthrex, Inc., was wronged when the government made a final decision on a dispute over one of its patents by a panel of internally appointed officials. The justices held that the Constitution requires reviewability by a more senior patent officer … Read the rest

Supreme Court investigators fail to identify who leaked Dobbs opinion

Supreme Court investigators fail to identify who leaked <em>Dobbs</em> opinion

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The Supreme Court has not been able to determine who leaked a draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, the court said on Thursday.

The unprecedented leak last May revealed that the court was privately poised to overturn the court’s landmark decisions establishing a constitutional right to an abortion. The court indicated on Thursday that investigators would continue to review some additional evidence, but the court’s two-page statement left open the possibility … Read the rest

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

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The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v. Garland, which the Supreme Court will hear on Tuesday. In … Read the rest

Court grants review in new batch of cases, including dispute on religious rights of employees

Court grants review in new batch of cases, including dispute on religious rights of employees

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The Supreme Court will review how employers must accommodate their employees’ religious practices, how courts should decide whether threatening statements are protected by the First Amendment, and whether a local government violated the Constitution when it confiscated and sold a $ 40,000 home based on the owner’s failure to pay $ 15,000 in property taxes.

Those issues are among a slew of new disputes that the justices added to their docket on Friday afternoon in an order list from … Read the rest

Court will mull scope of attorney-client privilege when lawyers give both legal and nonlegal advice

Court will mull scope of attorney-client privilege when lawyers give both legal and nonlegal advice

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A lawyer’s legal advice is privileged. A court cannot order the lawyer or the client to disclose it. But a lawyer’s nonlegal advice is not privileged. What happens when advice is partly legal and partly nonlegal and the two parts cannot be untangled? In such dual-purpose situations, does the privilege protect all the advice or none of it?

On Monday, the Supreme Court will hear opposing answers to that question in a case known as In re Grand JuryRead the rest

The lives they lived and the court they shaped: Remembering those we lost in 2022

The lives they lived and the court they shaped: Remembering those we lost in 2022

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At the end of each year, SCOTUSblog remembers some of the people whose lives and work left an imprint on the Supreme Court. From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways.

Read past years’ remembrances: 2021, 2020.

David Beckwith (Oct. 30, 1942 – Oct. 2, 2022)

Forty-nine years before the leaked opinion in Dobbs v. Jackson Women’s Health Organization, … Read the rest

Parents of St. Louis man killed in police custody return to the court

Parents of St. Louis man killed in police custody return to the court

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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.

In June 2021, the Supreme Court issued an unsigned decision instructing the U.S. Court of Appeals for the 8th Circuit to reconsider whether police in St. Louis, Missouri, used unconstitutionally excessive force when they knelt on the back of Nicholas Gilbert for 15 minutes until he suffocated. This week, we … Read the rest

Incriminating statement in New York shooting reaches the court for a second time

Incriminating statement in New York shooting reaches the court for a second time

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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 Sixth Amendment gives anyone standing trial the right “to be confronted with the witnesses against” them. In January, the justices held that a New York court violated the confrontation clause when it upheld a homicide conviction although the jury had heard an incriminating statement from a co-defendant who did … Read the rest