Next Tuesday the Court will hear oral arguments in Gill v. Whitford, a controversial and widely anticipated case about partisan gerrymandering in Wisconsin. In addition to reviewing the district court’s analysis and holding, the Court will have to answer the basic question of whether partisan gerrymandering cases even present issues that courts are able to … Continue reading Gill v. Whitford Oral Argument Preview
Although the beginning of the Supreme Court’s October Term 2017 is still over a month away, at many law schools, the fall semester is up and running. Here at Chicago-Kent, I’m teaching a course I developed several years ago called “Supreme Court Review.” It’s a terrific course to teach. The subject matter—the past, present, and … Continue reading Teaching About the Supreme Court
On this day in 1793, the Supreme Court sent a letter to President George Washington denying his request for the Court’s opinion regarding certain legal issues pertaining to the nation’s relations with France. This letter set a critical precedent for the newly created Court, which the justices have never abandoned: the Court will only issue opinions in … Continue reading This Day in Supreme Court History—August 8, 1793
The biggest news this week was the Supreme Court’s decision to hear the travel ban cases while partially staying the lower court injunctions. The Court had before it two petitions for certiorari filed by the government — one from the Fourth Circuit and one from the Ninth Circuit, which had both upheld lower courts’ injunctions … Continue reading Week of June 26, 2017 at the Court – End of Term
After announcing five opinions on Monday (discussed here), the Supreme Court issued three more on Thursday and another three on Friday. This coming Monday, June 26, is the last announcement day currently scheduled, and there are six cases still to be decided. And it is possible (although not overwhelmingly likely at this point) that the … Continue reading Weekly Roundup – June 23, 2017
The Supreme Court hit the ground running this week, handing down five opinions, one per curiam, and releasing its order list from its June 15 conference. Matal v. Tam (previously named Lee v. Tam) stems from a challenge by an Asian-American band wishing to trademark their band name, “The Slants,” with the U.S. Patent and … Continue reading This Week at the Court – Week of June 19, 2017
On Monday, Justice Gorsuch announced his first opinion as a Justice of the Supreme Court in Henson v. Santander Consumer USA, Inc.,, was the first of four opinions the Court announced from the bench. In Henson, the plaintiffs alleged that Santander had violated the Fair Debt Collection Practices Act (FDCPA) in its communications with individuals … Continue reading This Week at the Court – Week of June 12, 2017
On Monday, the Court summarily affirmed a finding of liability in yet another voting rights case from North Carolina, issued four opinions, and granted certiorari in one case. In North Carolina v. Covington, the Court summarily affirmed a three-judge district court’s holding that the state legislative map was an unconstitutional racial gerrymander. (Only two weeks … Continue reading This Week at the Court – June 5, 2017
On Thursday evening, in the case now captioned Trump v. International Refugee Assistance Project (IRAP), the Trump Administration formally asked the Supreme Court to review the Fourth Circuit’s decision upholding a Maryland District Court’s preliminary injunction of President Trump’s second travel ban Executive Order. The government also asked the Court to stay the preliminary injunction … Continue reading Weekly Roundup – June 2, 2017
On Tuesday, the Supreme Court issued three opinions and announced that will hear a case involving voter registration next Term. In one of the three opinions the Court issued on Tuesday, County of Los Angeles v. Mendez, the Court held, in a unanimous (8-0) opinion by Justice Alito that an officer’s reasonable use of force … Continue reading This Week at the Court – Week of May 29, 2017