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Supreme Court

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

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

Supreme Court

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

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

Supreme Court

New York sues New Jersey over compact governing Port of New York and New Jersey

This week we highlight cert petitions (and one original action) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey.

In New York v. New Jersey, New York files an original action in the Supreme Court against New Jersey, asking the justices to decide whether New Jersey can unilaterally withdraw from … Read the rest

Supreme Court

Another follow-up from McGirt v. Oklahoma and a copyright dispute over an Icelandic song

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the requirements for defendants to prove “Indian” status under the Major Crimes Act and the proper test for when two songs (here, “Soknudur” and “You Raise Me Up”) are substantially similar for copyright claims.

The requirements for “Indian” status under the Major Crimes Act

Oklahoma v. Wadkins presents the justices with the latest in a series of cases emerging out of their 2020 … Read the rest

Supreme Court

Over Gorsuch dissent, justices deny review in dispute over definition of “minister” for tax-exemption purposes

After adding five cases to its merits docket for the spring on Friday, the Supreme Court on Tuesday morning issued more orders from the justices’ private conference last week. As expected, the justices did not grant any new cases. Perhaps most notably, they once again did not act on a pair of petitions challenging the consideration of race in the undergraduate admissions process at Harvard University and the University of North Carolina, nor did they act on a petition … Read the rest

Supreme Court

During arguments over COVID-19 policy, two absent lawyers and more masks on the bench

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

There are several unusual and noteworthy things about today’s arguments in two cases regarding Biden administration responses to the COVID-19 pandemic.

But a snow day in Washington is not really one of them. After the surprisingly disruptive snowstorm that hit the capital region on Monday, bringing misery to those stuck on I-95 for 24 hours or more, … Read the rest

Supreme Court

The statistics of relists over the past five terms: The more things change, the more they stay the same

Regular readers of SCOTUSblog know that in addition to flyspecking the Supreme Court’s docket most weeks to identify cert petitions that the justices are considering repeatedly at consecutive conferences (a practice called “relisting” cases), we periodically crunch the numbers to determine what relisting portends about what the court is likely to do with those cases it has relisted. Relists are a hint that at least some justices want to take a closer look at a case, which is often … Read the rest