Category Archives: OT 2018

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

Conference Report: November 2 Conference

At its November 2 Conference, the Supreme Court granted certiorari in six cases. Two of the cases, which have been consolidated, involve challenges to a cross on public land. Those cases were brought by the American Humanist Association against the American Legion and the Maryland-National Capital Park and Planning Commission. In a 2-1 decision, he … Continue reading Conference Report: November 2 Conference

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

News Roundup: Week of October 29, 2018

In addition to the Supreme Court’s latest session of oral arguments and its announcement that it had granted certiorari in some new cases (see here), there was other news as well last week. Term Limits for the Court The Hill’s Lydia Wheeler wrote in an article this week about a new poll conducted by Fix … Continue reading News Roundup: Week of October 29, 2018

Weekly Preview: Week of November 5, 2018

Nov 5 Weekly Preview            On Monday November 5, 2018, the Court will release orders and hear arguments in two cases having to do with a clash between state law and federal law. In Sturgeon v. Frost, the Court is being asked to decide whether the Alaska National Interest Lands Conservation Act, bars the National Park … Continue reading Weekly Preview: Week of November 5, 2018

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

Conference Report: October 26 Conference

After the Supreme Court justices met in Conference on October 26, the Court  called for the views of the Solicitor General in two cases. In Swartz v. Rodriguez, the Court is asking the Solicitor General to weigh in on issues relating to an implied remedy for damages and qualified immunity where a United States border … Continue reading Conference Report: October 26 Conference

SCOTUS and the Election: North Dakota Voter ID Law

As the 2018 midterm election approaches, parties to election and voting-related litigation are asking the Supreme Court to step in. On Tuesday October 10, 2018, for example, the Court ruled on a request to issue a stay in a North Dakota voter ID law challenge, declining to intervene. The North Dakota law requires that voters … Continue reading SCOTUS and the Election: North Dakota Voter ID Law