Arthrex seeks second Supreme Court intervention in patent clash

Arthrex seeks second Supreme Court intervention in patent clash

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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.

Two years ago, the court ruled that medical device maker Arthrex, Inc., was wronged when the government made a final decision on a dispute over one of its patents by a panel of internally appointed officials. The justices held that the Constitution requires reviewability by a more senior patent officer … Read the rest

Supreme Court investigators fail to identify who leaked Dobbs opinion

Supreme Court investigators fail to identify who leaked <em>Dobbs</em> opinion

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The Supreme Court has not been able to determine who leaked a draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, the court said on Thursday.

The unprecedented leak last May revealed that the court was privately poised to overturn the court’s landmark decisions establishing a constitutional right to an abortion. The court indicated on Thursday that investigators would continue to review some additional evidence, but the court’s two-page statement left open the possibility … Read the rest

Elon Musk, internet freedom, and how the Supreme Court might force big tech into a catch-22

Elon Musk, internet freedom, and how the Supreme Court might force big tech into a catch-22

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“The bird is freed,” Elon Musk tweeted on the night he completed his $ 44 billion purchase of Twitter.

What he didn’t say is that a series of court cases may soon clip its wings.

A self-described free-speech absolutist, Musk has suggested he will loosen Twitter’s content-moderation rules, allow more objectionable speech to remain on the site, and reinstate some users who have been banned. Three days after reassuring advertisers that he won’t let Twitter become a “free-for-all hellscape,” he … Read the rest

Supreme Court Fellowship Program Resumes with 4 New Fellows

Four new U.S. Supreme Court Fellows are set to begin their 2022-2023 fellowships in September. They are the first to experience the program in-person in nearly two years; the COVID-19 pandemic forced the 2020-2021 class to work virtually and led to a decision to pause the program the following year.
Judiciary News – United States CourtsRead the rest

End-of-term reviews for the 2021-22 Supreme Court term

End-of-term reviews for the 2021-22 Supreme Court term

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We’ve compiled a list of events offering expert analysis on the Supreme Court’s 2021-22 term. All are free and available to the public.

  • University of California, Irvine School of Law’s 12th Annual Supreme Court Term in Review moderated by Michele Goodwin, with panelists Erwin Chemerinsky, Mary Franks, Regina Maphone, Mark Stern, and Mary Ziegler (July 6, 1 p.m. EDT)
  • American Judicature Society’s Supreme Court 2021-22 Term in Review presented by Tom Goldstein (July 6, 6 p.m. EDT) 
  • Anti-Defamation League’s
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Supreme Court ethics bill advances out of House committee after party-line vote

Supreme Court ethics bill advances out of House committee after party-line vote

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Recent controversies aside, efforts to pass Supreme Court reform legislation have been in the works for years. Now ethics reform is drawing national attention as polls show that public confidence in the court is plummeting. Sen. Elizabeth Warren, D-Mass., and Rep. Pramila Jayapal, D-Wash., announced sweeping ethics legislationon Tuesday that would impose a code of conduct on the justices and would ban them from owning securities. And on Wednesday night, the House Judiciary Committee voted 22-16 along party lines … Read the rest

Capital defendant whose lawyer conceded guilt despite his objection seeks relief from Supreme Court

Capital defendant whose lawyer conceded guilt despite his objection seeks relief from Supreme Court

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. Louisiana.

Though the inmate in the 2018 case, Robert McCoy, had insisted that he was innocent, his lawyer considered the evidence against McCoy “overwhelming” and counseled that the best strategy to avoid the death penalty was to concede guilt. … Read the rest

Supreme Court Halts Implementation of OSHA Vaccine-or-Test Rule (US)

In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed face covering and other mitigation strategies. Last month, the Sixth Circuit Court of Appeals lifted another federal appellate court’s earlier stay of the ETS, leaving … Read the rest