Category Archives: OT 2017

Oral Arguments Review: Week of December 4, 2017

On Tuesday, the Supreme Court heard oral argument in one of the biggest cases of the Term: Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission. In this case, a baker who makes custom wedding cakes refused to provide a cake for a same-sex couple celebrating their marriage. The Colorado Civil Rights Commission found that he … Continue reading Oral Arguments Review: Week of December 4, 2017

Will The Supreme Court Review SEC’s In-House Judges?

By Harold J. Krent, Dean and Professor of Law, IIT Chicago-Kent College of Law in Chicago. This post is an abridged version of an article first published at Law360. Challenges to appointment of U.S. Securities and Exchange Commission administrative law judges (ALJs) have spread across the country. Private parties that have lost on the merits before the … Continue reading Will The Supreme Court Review SEC’s In-House Judges?

Conference Report: December 1 and 8 Conferences

Over the last two weeks, the Supreme Court has granted cert in eight new cases and has issued a number of rulings of note. First, on Friday, December 8, in a 5-4 order, the Court granted a stay of a discovery order in a case challenging the Trump Administration’s decision to end the DACA program … Continue reading Conference Report: December 1 and 8 Conferences

The End of Miller’s Time?

By Michael Gentithes, Visiting Assistant Professor, Chicago-Kent College of Law. The smartphones we carry in our pockets radically simplify our lives, reducing hour-long tasks to seconds and eliminating the need to separately carry a camera, map, book, and audio player. But should they also enable the government to access months of records of everywhere someone … Continue reading The End of Miller’s Time?

Do the Justices Look More Favorably on Gun Regulation than Many Fear?

By Cody Jacobs, Visiting Assistant Professor, Chicago-Kent College of Law. Last Monday, the Supreme Court denied certiorari in Kolbe v. Hogan, a Second Amendment challenge to Maryland’s ban on assault weapons and large capacity ammunition magazines. As a result, the Fourth Circuit’s decision upholding the ban was left in place. The Court’s denial is notable … Continue reading Do the Justices Look More Favorably on Gun Regulation than Many Fear?

Arguments: Week of December 4, 2017

The Court will hear arguments in five cases this coming week, including the blockbuster case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, which will be argued on Tuesday, December 6. (People were already lining up to see this oral argument on Friday.) Masterpiece Cakeshop involves a Colorado bakery that refused to sell a wedding cake … Continue reading Arguments: Week of December 4, 2017

Oral Arguments Review: Week of November 27

On Wednesday, the Court heard oral arguments in one of the most controversial cases of this term: Carpenter v. U.S. In Carpenter, the justices heard arguments on a Fourth Amendment issue asking whether people have a reasonable expectation of privacy when they relinquish specific information to a third party. In this case, the information is … Continue reading Oral Arguments Review: Week of November 27

Supreme Court Adds E-Filing

On Monday, November 13, the Supreme Court’s new electronic filing system became operational, fulfilling a commitment Chief Justice Roberts had made back in 2014.  In his 2014 Year-End Report of the Federal Judiciary, Chief Justice Roberts focused on information technology.  In the report, the Chief Justice described how the Court has used technology, from the … Continue reading Supreme Court Adds E-Filing

Conference Report – November 21, 2017 Conference

On Monday, the Court issued orders from its pre-Thanksgiving Conference. It did not grant any new cases for full argument. In the most notable denial of certiorari, the Court declined to hear Kolbe v. Hogan, a challenge to a Maryland law that bans semiautomatic rifles and magazines. The law was passed in the wake of … Continue reading Conference Report – November 21, 2017 Conference

Conference Report – November 10, 2017 Conference

The Supreme Court issued orders from the November 9th conference on Monday morning.  The justices added three new cases to their docket and denied certiorari in a death penalty case from Alabama. All three of the cases that were added to the docket are First Amendment cases. The first, National Institute of Family and Life … Continue reading Conference Report – November 10, 2017 Conference