Category Archives: Oral Argument Report

Oral Argument: Excessive Fines and the States

The Court heard arguments in Timbs v. Indiana on Wednesday November 28, 2018, in which the Court is being asked to decide whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment. Before discussing the case and arguments made by both sides, here is a quick primer on background … Continue reading Oral Argument: Excessive Fines and the States

Oral Argument in Apple v. Pepper: An Antitrust Challenge to the App Store

The oral argument in Apple, Inc. v. Pepper, included analogies of cell phone apps to fruits and vegetables. The case presents the question of whether consumers may sue Apple for antitrust damages for the prices they pay for apps. Those prices are set by third parties — the app developers — but the consumers allege … Continue reading Oral Argument in Apple v. Pepper: An Antitrust Challenge to the App Store

Procedural Requirements with Big Impacts: November 7 Oral Arguments

The Supreme Court heard arguments in Republic of Sudan v. Harrison on November 7, 2018, where it is being asked to resolve a circuit split on whether plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act (FSIA) can serve the foreign state under 28 U.S.C. § 1608(a)(3) by mail to the foreign state’s … Continue reading Procedural Requirements with Big Impacts: November 7 Oral Arguments

Cruel and Unusual Punishment in a Capital Case: November 6 Oral Arguments

On Tuesday, November 6, the Supreme Court heard oral arguments in a case challenging the method of execution in a capital case. In Bucklew v. Precythe, the Court must consider a claim that a state’s chosen method of execution will cause excruciating pain due to an inmate’s particular medical conditions can violate the Eighth Amendment’s … Continue reading Cruel and Unusual Punishment in a Capital Case: November 6 Oral Arguments

Hovercrafts & Uranium: Oral Argument Roundup for November 5, 2018

On Monday, November 5, 2018, the Supreme Court heard oral arguments in two cases: Sturgeon v. Frost and Virginia Uranium, Inc. v. Warren. Sturgeon v. Frost In Sturgeon, the Court faced the question of whether the National Park Service (NPS) can prohibit the use of hovercrafts on public waterways. John Sturgeon, an Alaskan moose hunter, … Continue reading Hovercrafts & Uranium: Oral Argument Roundup for November 5, 2018

October 31 Oral Argument Report

On October 31, the Court heard arguments in Frank v. Gaos. The case presents the issue of whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and complies with the requirement that a settlement binding class members must be “fair, … Continue reading October 31 Oral Argument Report

Oral Argument October 30: Ineffective Assistance of Counsel

On October 30, the Supreme Court heard oral arguments in Garza v. Idaho, a case involving a criminal defendant’s claim of ineffective assistance of counsel. Garza argues that his lawyer was ineffective because he failed to file an appeal when Garza had requested that he do so. Garza’s lawyer counters that he did not file … Continue reading Oral Argument October 30: Ineffective Assistance of Counsel

Oral Argument October 29: Arbitration Again

On Monday, the Court started its newest argument session by hearing arguments for two cases revolving around the Federal Arbitration Act (FAA). The FAA compels parties that contract for arbitration to resolve that dispute with an arbitrator instead of a court. In recent years, the Court has read the FAA expansively, including last Term.   The first case, … Continue reading Oral Argument October 29: Arbitration Again

October 10 Oral Argument: Statutory Interpretation in Immigration Law and Tort Liability in Maritime Law

On Wednesday, the Supreme Court heard oral arguments for two cases: Nielsen v. Preap and Air & Liquid Systems Corp. v. DeVries. In Nielsen, the Court will decide whether immigrants, with prior criminal convictions, are exempt from mandatory detention if the Department of Homeland Security does not immediately take them into custody after their release. … Continue reading October 10 Oral Argument: Statutory Interpretation in Immigration Law and Tort Liability in Maritime Law

October 9 Oral Arguments: Questions about the Armed Career Criminal Act

Tuesday, October 9 was Justice Brett Kavanaugh’s first day on the bench, and the Supreme Court heard oral arguments in two cases. (For a brief overview of these cases, click here.) As the New York Times reported, Chief Justice John Roberts began the day by welcoming the newest justice, stating “we wish you a long … Continue reading October 9 Oral Arguments: Questions about the Armed Career Criminal Act