Anti-abortion activists ask justices to overrule ban on expressive activity outside clinics

Anti-abortion activists ask justices to overrule ban on expressive activity outside clinics

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The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In its 2000 decision in Hill v. Colorado, the Supreme Court upheld a Colorado law enacted to prevent groups or individuals who oppose abortion from protesting, handing out materials, or speaking to patients, doctors, or staff outside of medical facilities that offer the procedure. Two years ago, when the … Read the rest

Justices to hear challenge to regulation of unserialized ‘ghost guns’

Justices to hear challenge to regulation of unserialized ‘ghost guns’

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The Supreme Court will hear oral argument next week in a challenge to a 2022 federal rule that seeks to regulate “ghost guns” – firearms without serial numbers that, the Bureau of Alcohol, Tobacco, Firearms, and Explosives says, almost anyone can quickly assemble with parts that they purchase, often in a kit online or through the mail. Serial numbers are used by law enforcement to track guns used in crime.

Defending the rule, the ATF argues that it is … Read the rest

Justices allow Arizona to enforce proof-of-citizenship law for 2024 voter registration

Justices allow Arizona to enforce proof-of-citizenship law for 2024 voter registration

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A divided Supreme Court on Thursday afternoon granted a request from the Republican National Committee and the Republican leaders of Arizona’s legislature to reinstate a state law that requires residents to provide proof of citizenship to register to vote using a form provided by the state. The court turned down a request, however, to reinstate the portion of the same law that would bar voters who register using a standard federal form from voting for president or by mail … Read the rest

Justices appoint former clerk to argue First Step Act cases 

Justices appoint former clerk to argue First Step Act cases 

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The Supreme Court on Friday afternoon appointed a former clerk to Justice Samuel Alito (who also served as a clerk to then-Judge Neil Gorsuch on the U.S. Court of Appeals for the 10th Circuit) to defend a ruling by the U.S. Court of Appeals for the 5th Circuit in a pair of cases involving the interpretation of the First Step Act, a 2018 law that — among other things – reduced the mandatory minimum sentences for some drug and … Read the rest

Justices send expert witness question back to state court

Justices send expert witness question back to state court

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The Supreme Court on Friday sent the case of an Arizona man convicted of drug possession back to the state courts. Jason Smith argued that when an expert witness testified for the prosecution about drug analysis performed by another forensic scientist, it violated his right under the Sixth Amendment “to be confronted with the witnesses against him.”

In an opinion by Justice Elena Kagan, the court agreed with Smith that the requirements of the Sixth Amendment’s confrontation clause normally … Read the rest

Justices refuse to force refund of excessive bankruptcy fees

Justices refuse to force refund of excessive bankruptcy fees

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Two years after the court ruled that a disparity in bankrupt debtors’ fees between judicial districts was impermissible, the justices on Friday ruled 6-3 that charging equal fees going forward is an adequate remedy for that disparity. The government will not have to pay back debtors who paid more than they would have in another district.  

In most districts (88 out of the 94 federal judicial districts), Chapter 11 bankruptcy cases are administered by the Office of the … Read the rest

Justices to review Meta investors’ data-harvesting suit and Medicare payments calculation

Justices to review Meta investors’ data-harvesting suit and Medicare payments calculation

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The Supreme Court on Monday added two cases to its argument schedule for the 2024-25 term. In a list of orders from their private conference last week, the justices agreed to weigh in on a case involving the calculation of Medicare payments as well as a securities-fraud case against social media giant Meta.

The justices once again did not act on a group of petitions urging them to weigh in on the constitutionality of bans on gender-affirming care for … Read the rest

Justices dubious about dismissing suits while waiting for arbitration

Justices dubious about dismissing suits while waiting for arbitration

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Smith v. Spizziri is this week’s item on the court’s bountiful menu of cases under the Federal Arbitration Act. The question here is what options are available to a trial court that decides to send a case to arbitration. Must it stay the matter or, instead, does it have the option to dismiss it entirely? Discussion at the argument suggested that the justices were skeptical about the practical consequences of dismissal, so Justice Sonia Sotomayor’s opinion for a unanimous … Read the rest