On Monday, March 19, the Court released orders from the March 16 conference. The Court granted certiorari for Nielson v. Preap, a case concerning whether a noncitizen, pursuant to 8 U.S.C. §1226(c) of the Immigration and Nationality Act, is exempt from mandatory detention if the Department of Homeland Security does not take him into immigration … Continue reading Conference Report: March 16, 2018 Conference
On Wednesday, the Court released two opinions. In Ayestas v. Davis, Ayestas, a Honduran national, was sentenced to death after being convicted of murdering a woman during a home invasion. (See our Arguments Preview for more on case.) He appealed, arguing that he had ineffective counsel and was entitled, under federal law, to state investigative … Continue reading Opinion Analysis—Ayestas v. Davis and Marinello v. United States
On Tuesday, the Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund, a case involving the Securities Litigation Uniform Standards Act of 1998 (SLUSA). Beaver County Employees Retirement Fund, along with other pension funds and individual investors, bought shares of Cyan, a telecommunications company, during its initial public offering. When the stock’s value … Continue reading Opinion Analysis—Cyan v. Beaver County Employees Retirement Fund
This week, the Supreme Court will hear oral arguments in three cases, the most high-profile of which involves both free speech and reproductive rights. National Institute of Family and Life Advocates (NIFLA) v. Becerra, to be argued on Tuesday, is a challenge to Caifornnia’s Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act, which passed … Continue reading Arguments: Week of March 19, 2018
By Michael Gentithes, Visiting Assistant Professor, Chicago-Kent College of Law. Supreme Court cases can lose relevance when technological changes render obsolete the questions addressed. Rare, though, is the case that loses its relevance before the opinion is even drafted. That fate may await currently pending case of United States v. Microsoft Corp. The case, in … Continue reading Digital Forensics and the Shrinking Importance of United States v. Microsoft Corp.
Rumors have been swirling (again) of Justice Kennedy’s possible retirement. He has been on the Court since 1988, which makes him the longest serving Justice on the Court. And, at 81 years-old, he is the second oldest member of the Court; only Justice Ruth Bader Ginsburg (who turns 85 tomorrow) is older. Earlier this month, … Continue reading Supreme Court News Roundup—March 14, 2018
Here’s a roundup of some of the most interesting recent stories about the Supreme Court. In the New York Times, Adam Liptak discusses the constitutional implications of aging death row populations. “The Court, which has barred the execution of juvenile offenders and the intellectually disabled, is now turning its attention to old people,” he writes. … Continue reading Supreme Court News Roundup—March 8, 2018
On February 21, 2018, the Supreme Court issued opinions in three cases: Digital Realty Trust v. Somers, Class v. United States, and Rubin v. Islamic Republic of Iran. Digital Realty Trust v. Somers In Digital Realty Trust, Inc. v. Somers, Paul Somers sued his former employer, Digital Realty Trust. Among his allegations was that he … Continue reading Opinion Analyses for opinions released February 21, 2018
In an opinion published Wednesday, February 21, 2018, the Supreme Court decided a case about prisoners’ civil rights, Murphy v. Smith. This case stemmed from a 2011 incident at Vandalia Correctional Center in Illinois in which Petitioner Charles Murphy was punched in the right eye by a prison guard, placed into a chokehold during which … Continue reading Prisoners Rights and Attorneys Fees: Opinion Analysis of Murphy v. Smith
On Tuesday morning, the Court released orders from its February 16 Conference. No new petitions for writs of certiorari were granted, and perhaps the most significant news was a failure to rule at all. Specifically, the Court did not rule on the federal government’s petition for review concerning the Trump administration’s termination of the policy … Continue reading Conference Report: Conference of February 16, 2018