Category Archives: OT 2018

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

Opinion: The Dusky Gopher Frog Faces a Setback at the Court

The Supreme Court issued a unanimous 8-0 opinion in Weyerhaeuser Co. v. United States Fish and Wildlife Service, also known as the dusky gopher frog case. (Chief Justice Roberts, who wrote the opinion, began it with a brief exegesis about the frog, leading to some positive Twitter commentary on his writing style.) The Endangered Species … Continue reading Opinion: The Dusky Gopher Frog Faces a Setback at the Court

The Census Case Grant and Other Orders

On Friday November 16, 2018, the Court granted the petition for certiorari in In Re Department of Commerce, et al., a case in which they previously denied the request to delay a trial over a dispute about whether a question relating to citizenship status should be included on the 2020 census. As The Hill discusses, … Continue reading The Census Case Grant and Other Orders

DACA Filings and the Terms’s First Opinion

On Monday the Department of Justice (“DOJ”) made a rare request of the Supreme Court. The department filed a petition for a writ of certiorari before judgment in the case U.S. Department of Homeland Security v. Regents of the University of California, which the Ninth U.S Circuit Court of Appeals is currently deciding. That court … Continue reading DACA Filings and the Terms’s First Opinion

November 13 Orders: Redistricting and Unsolicited Faxes

On November 13, 2018, the Court issued orders from its November 9th conference.  The justices added two new cases to their docket. Among the cases the Court announced it will hear is Virginia House of Delegates v. Bethune-Hill, a challenge to the use of race in legislative redistricting. Based on the 2010 Census, the Virginia General … Continue reading November 13 Orders: Redistricting and Unsolicited Faxes

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

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