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Supreme Court

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

In Tuesday’s oral argument, the Supreme Court grappled with three main issues in Arellano v. McDonough, a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. First, the court looked into whether 38 U.S.C. § 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Second, if it is a statute of limitations, the court pondered … Read the rest

Supreme Court

At Jackson’s investiture, the courtroom brims with politicians as the justices find their new seats

A View from the Courtroom is an occasional series offering an inside look at oral arguments and opinion announcements (and other Supreme Court events) unfolding in real time.

In the wake of last term’s controversial decisions, and with the Supreme Court’s public approval ratings at historic lows, some of the justices have recently been taking potshots at each other in the media. But on Friday, the justices appear to put aside their differences, at least for a day, … Read the rest

Supreme Court

EPA’s authority over wetlands is at stake as justices wade back into regulatory morass

When the Supreme Court returns to the bench on Oct. 3 for the start of its new term, it will begin with a case that is not new to it. In Sackett v. Environmental Protection Agency, the justices will once again weigh in on an Idaho couple’s efforts to build on land that they own – specifically, what test courts should use to determine whether the Clean Water Act applies to the land, which the EPA has deemed … Read the rest

Supreme Court

Justices, signaling interest in False Claims Act, are asked to clarify a “knowing” violation

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.

On Monday, the court asked the government to weigh in on a petition filed earlier this year, about whether it matters that someone accused of “knowingly” defrauding the government under the False Claims Act believes or understands their own conduct was unlawful. Known as a “call for the views of … Read the rest

Supreme Court

Term limits for justices gain new attention, but prospects for passage remain dim

In a year of historic moments at and around the Supreme Court, proposals to establish term limits for justices are increasingly in the spotlight.

A poll this summer found that two in three Americans support limiting how long justices can serve. Academics and Supreme Court litigators have written favorably about the idea recently. And on Aug. 2, Sen. Sheldon Whitehouse, D-R.I., introduced the first Senate bill seeking to impose Supreme Court term limits. His bill joins similar proposals in … Read the rest

Supreme Court

Justices asked to strengthen the right to earn a living

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.

Under longstanding constitutional law, most laws survive constitutional challenges so long as the government has a “rational basis” for enacting them. This week, we highlight cert petitions that ask the court to consider, among other things, whether rational basis is the correct standard of review for a law that affects … Read the rest

Supreme Court

Justices grant review in cases on Bank Secrecy Act and False Claims Act

The Supreme Court on Tuesday morning added two cases — one involving the Bank Secrecy Act, the other involving the government’s power to dismiss fraud claims — to its 2022-23 docket. In a list of orders from the justices’ private conference last week, the justices also turned down – over a dissent from Justice Clarence Thomas that was joined by Justice Samuel Alito – a request from Ohio to reinstate the conviction and death sentence of an inmate who … Read the rest

Supreme Court

Justices curtail ability to get discovery in U.S. court for use in international arbitrations

In a decision that was much anticipated in the international business community, the Supreme Court on Monday clarified the scope of 28 U.S.C. § 1782, which allows an interested party to obtain discovery in the United States “for use in a proceeding in a foreign or international tribunal.” The court unanimously held in ZF Automotive US, Inc. v. Luxshare, Ltd. and AlixPartners, LLP v. Fund for Protection of Investors’ Rights in Foreign States that only a governmental or intergovernmental … Read the rest