Justices | Judiciary.org

Supreme Court

Justices request federal government’s views on Texas and Florida social-media laws

The Supreme Court on Monday asked the Biden administration for its views on a pair of controversial social-media laws enacted in Texas and Florida. Passed in response to beliefs that social-media platforms were censoring their users, particularly those expressing conservative political views, both states’ laws seek to regulate the content-moderation policies of social-media companies like Facebook and Twitter.

The justices asked the solicitor general to weigh in on NetChoice v. Paxton (a pending petition on the Texas law) and … Read the rest

Supreme Court

Justices were not asked to swear under penalty of perjury that they didn’t leak Dobbs

Gail Curley, the Supreme Court’s marshal, said on Friday that she spoke with the justices as part of her investigation into the Dobbs leak but that the justices – unlike court employees – were not asked to swear under penalty of perjury that they were not responsible for the leak.

In a brief, prepared statement released by the court, Curley indicated that she “followed up on all credible leads, none of which implicated the Justices or their spouses.”

Curley’s … Read the rest

Supreme Court

Justices probe global consequences of allowing U.S. prosecutions of companies owned by foreign governments

The Supreme Court heard oral argument on Tuesday in the case of a Turkish bank that the U.S. government accuses of committing money laundering and fraud as part of a scheme to evade U.S. sanctions against Iran. During over 90 minutes of debate, the justices appeared skeptical of the bank’s contention that federal laws bar the government from prosecuting the bank, but they also expressed concern about the consequences of allowing the prosecution to go forward.

Halkbank, whose majority … Read the rest

Supreme Court

Justices revive Texas man’s bid to throw out conviction that state prosecutors no longer defend

The Supreme Court on Monday revived efforts by a Texas inmate to throw out his conviction and death sentence in a case in which prosecutors agree that he should get a new trial. The ruling in favor of Areli Escobar came on a list of orders released from the justices’ private conference last week. The justices did not grant any new cases, but they called for the Biden administration’s views in three cases and denied review in over 300 … Read the rest

Supreme Court

Homeowners ask the justices to enforce a New York consumer-protection law against banks

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.

A response to the mortgage crisis of 2007, the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 ushered in a host of new federal rules and oversight for the financial sector. This week, we highlight cert petitions that ask the court to consider, among other things, whether that … Read the rest

Supreme Court

Justices probe government’s authority to dismiss False Claims Act lawsuits

The Supreme Court heard oral argument on Tuesday in the case of Dr. Jesse Polansky, a whistleblower who had filed a claim on behalf of the government under the False Claims Act’s qui tam provision. The Department of Justice had initially allowed Polansky to proceed with the lawsuit against a company he accused of causing millions of dollars in false Medicare bills to the government, but after several years of litigation sought to force dismissal of the case. At … Read the rest

Supreme Court

Justices asked again to consider the consequence of biased jurors

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

Supreme Court

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli, an executive convicted of federal wire fraud in connection with bid-rigging to secure a $ 750 million New York state contract. The trial court informed a federal jury regarding a “right to control” theory of fraud, and the jury convicted Ciminelli. At argument, Justice Neil Gorsuch remarked at the “radical agreement” among all that the right-to-control theory was flawed, but there was less consensus as … Read the rest