The IRS faces tough questioning from justices over privacy concerns in third-party summons dispute

The IRS faces tough questioning from justices over privacy concerns in third-party summons dispute

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Over several years, Remo Polselli racked up over $ 2 million in federal tax liabilities. After he made a partial payment from the account of one of his limited liability companies, the IRS suspected Remo might be hiding his assets by transferring them to other entities or individuals. The agency thus issued administrative summonses to several banks, including those at which Remo’s wife, Hanna, and his law firms held accounts. Although the IRS failed to notify Hanna or the … Read the rest

Voter-registration dispute during 2020 election raises question of attorney’s fees

Voter-registration dispute during 2020 election raises question of attorney’s fees

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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.

Going to court is one way to enforce your civil rights if they are violated by a state official. As options go, though, it can be expensive. This week, we highlight cert petitions that ask the court to consider, among other things, when a prevailing plaintiff in a civil-rights … Read the rest

Justices order new briefing in Moore v. Harper as N.C. court prepares to rehear underlying dispute

Justices order new briefing in <em>Moore v. Harper</em> as N.C. court prepares to rehear underlying dispute

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The Supreme Court on Thursday raised questions about whether it would reach a decision in a major election law case. In a brief order, the justices asked for additional briefing in Moore v. Harper, a case argued in December, to address whether the court still has the power to hear the case when the North Carolina Supreme Court has agreed to reconsider the underlying redistricting dispute that sparked the case.

The case began in state court as a … Read the rest

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

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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 Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … 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

In Puerto Rico horse-racing dispute, a looming question over independent contractors

In Puerto Rico horse-racing dispute, a looming question over independent contractors

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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 our modern gig economy, independent contractors constitute an increasingly large share of the American workforce. Companies like Uber, Lyft, and Amazon rely heavily on these workers, because the lack of any formal employment relationship means they do not have to provide them with benefits like health care and retirement … Read the rest

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

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The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).  

The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts … Read the rest

Tough questions for both sides in dispute over “remain in Mexico” policy

Tough questions for both sides in dispute over “remain in Mexico” policy

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The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies. The lower courts ordered the Biden administration to reinstate the controversial policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. courts. During nearly two hours of oral argument in Biden v. Texas, the justices appeared torn on whether the Biden administration must maintain the … Read the rest