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Supreme Court

Biden vaccine policies face Supreme Court test amid nationwide COVID-19 surge

With over 100,000 Americans hospitalized for COVID-19 as a result of the highly contagious Omicron variant, the Supreme Court will hear oral argument Friday in two sets of challenges to the Biden administration’s authority to take action to combat the pandemic. In the first case, National Federation of Independent Business v. Department of Labor, the justices will consider the Biden administration’s attempt to impose a vaccine-or-test mandate for workers at large employers. In the second case, Biden v. … Read the rest

Supreme Court

Roberts to Congress on court reforms: We’re on it

Chief Justice John Roberts began his 2021 year-end report, as he so often does, with an anecdote from history to set the stage. But by the end of the first page, the message of Roberts’ report, which he released as usual on the final day of the year, was clear. In a year when a presidential commission studied Supreme Court reform and members of Congress introduced major legislation to revamp aspects of the federal judiciary, Roberts argued that any … Read the rest

Supreme Court

The lives they lived and the court they shaped: Remembering those we lost in 2021

The first Black woman to clerk on the Supreme Court. Two trailblazing civil-rights litigators. The unofficial barber of the justices. The woman who argued Roe v. Wade just a few years out of law school.

These were among the lives lost in 2021.

As we did last year, SCOTUSblog looks back and remembers some of the people who died this year and whose lives and work brought them to the highest court in the nation. Some were lawyers. Some … Read the rest

Supreme Court

Term limits, transparency, and other proposed Supreme Court fixes

Gabe Roth, the executive director of Fix the Court, discusses the Biden court commission’s final report and why he believes term limits are the superior court reform.

If you have questions about the court, the justices, or an upcoming case, please email us at scotustalk@scotusblog.com. We may answer your question on a future episode of SCOTUStalk.

(Music by Keys of Moon Music via Soundcloud)

Listen now on Acast.

The post Term limits, transparency, and other proposed Supreme … Read the rest

Supreme Court

Court rejects religious challenge to New York’s vaccine mandate for health care workers

The Supreme Court on Monday turned down two requests to block New York’s vaccine mandate for health care workers. Two groups of health care workers are challenging the mandate, arguing that it violates their constitutional right to freely exercise their religion. But over the public dissents of three conservative justices, the court denied the workers’ requests to put the mandate on hold while litigation continues.

The dispute centers on a regulation issued by New York’s state health department that … Read the rest

Supreme Court

Justices grapple with question of federal court review in immigration cases

The Supreme Court on Monday heard oral argument in Patel v. Garland, an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. For just over 90 minutes, the justices explored statutory text, legislative history, and the presumption of judicial review.

The case involves Pankajkumar Patel, a citizen of India who has lived and worked in the United States for nearly 30 years. Patel applied for “adjustment of status,” … Read the rest

Civil Law

D&O Insurance: Delaware Court Applied “Meaningful Linkage” Interrelated Claims Test

In a November 30, 2021 opinion (here), a Delaware Superior Court judge, applying Delaware law, held that the later investigations of the insured policyholder by two regulatory agencies were unrelated to an earlier investigation of the company by one of the agencies. In making this “relatedness” determination, the court declined to apply the “fundamentally identical” standard that some Delaware courts have applied to relatedness issues, but instead applied a “meaningful linkage” test. Because relatedness disputes are so frequent, and because … Read the rest

Supreme Court

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

A View from the Courtroom is an inside look at significant oral arguments and opinion announcements unfolding in real time.

Outside the Supreme Court building, crowds of demonstrators have gathered for today’s major argument in Dobbs v. Jackson Women’s Health Organization. Inside the building, though, the new normal that has existed since the justices returned to the bench in October prevails.

Of course, the courtroom would be packed if we weren’t still under pandemic restrictions. Advocates … Read the rest