Category Archives: OT 2018

Oral Arguments: Week of October 29, 2018

The Supreme Court will hear oral arguments in six cases during the week of October 29th: Monday, October 29: –       Henry Schein Inc. v. Archer & White Sales Inc.: Archer & White Sales Inc. sued Henry Schein Inc. for antitrust violations. A magistrate judge interpreted the parties’ contract as requiring an arbitrator to decide questions … Continue reading Oral Arguments: Week of October 29, 2018

SCOTUS and the Ross Deposition

Secretary of Commerce Wilbur Ross will not have to sit for a deposition in a lawsuit that challenges his decision to include a citizenship question on the 2020 census, at least at for the moment, the Supreme Court ruled in an order it handed down Monday night. John Gore, the acting head of the civil … Continue reading SCOTUS and the Ross Deposition

Primer on Types of Filings in the Supreme Court

The Supreme Court has a break from argument and from its scheduled Conferences for the next week or two. The Court is scheduled to release orders again on October 29, and on the same day will hear arguments in Henry Schein Inc. v. Archer and White Sales Inc.and Lamps Plus Inc. v. Varela. In the … Continue reading Primer on Types of Filings in the Supreme Court

New Case on State Action: Manhattan Community Access Corp. v. Halleck

Last Friday, the Supreme Court agreed to hear Manhattan Community Access Corp. v. Halleck, a case about when and whether a private entity that runs a public access channel is a “state actor.” The question is important because state actors can be held liable for violating constitutional rights; private actors generally cannot. As the Legal Information Institute … Continue reading New Case on State Action: Manhattan Community Access Corp. v. Halleck

Orders Lists: October 9 and 15, 2018

Although the Supreme Court has held two Conferences since it began hearing oral arguments in October, it has not added any new cases to its argument docket for the Term. [Correction: it added one case on Friday, October 12. See here for details.] Indeed, the Order Lists from those Conferences were fairly uneventful. The Court … Continue reading Orders Lists: October 9 and 15, 2018

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

The Court’s Newest Justice

Brett Kavanaugh has been an Associate Justice of the Supreme Court for over a week now. Here’s a recap of events since his October 6 Senate confirmation vote. By some measures, Kavanaugh is the least popular nominee to make it to the Court. Kavanaugh’s 50-48 confirmation vote tied Justice Clarence Thomas, who was approved 52-48 … Continue reading The Court’s Newest Justice

The Week Ahead: Week of October 8, 2018

The Court will be back in session Tuesday after taking Columbus Day off, and Justice Brett Kavanaugh will be on the bench. Three cases are on the Court’s Tuesday docket, all presenting questions about the interpretations of crimes under the federal Armed Career Criminal Act (“ACCA”). The ACCA mandates prison sentences from 15 years to … Continue reading The Week Ahead: Week of October 8, 2018

Weekly Roundup: Week of October 1

When the Supreme Court goes to work on Tuesday, it will be back to its full nine-member strength. Justice Brett Kavanaugh was confirmed on Saturday and sworn in the same day. But for the first week of the Term, the Court had only eight members, and aspects of its new dynamics were on display.  In … Continue reading Weekly Roundup: Week of October 1