Category Archives: Weekly Roundup

April Argument Review: Part I – State Taxation of Internet Commerce

April saw several significant oral arguments, including a case that could change the rules for state taxation of internet commerce, South Dakota v. Wayfair, previewed here. In Wayfair, the state of South Dakota, with the support of forty-one other states, is asking the Court to overrule a 1992 case, Quill Corp. v. North Dakota. Quill … Continue reading April Argument Review: Part I – State Taxation of Internet Commerce

Argument Review: March 27, 2018 — When the Supreme Court Can’t Agree

On Tuesday, March 27, the Court heard oral arguments in Hughes v. United States. The underlying legal issue in Hughes involves certain criminal defendants’ eligibility for sentence reductions. That fairly technical legal issue was previously considered by the Court in Freeman v. United States, which had no majority opinion. Instead, there was a four-justice plurality … Continue reading Argument Review: March 27, 2018 — When the Supreme Court Can’t Agree

Argument Review: March 26, 2018 — Access to Courts

During the last week of March, the Supreme Court heard oral argument in five cases. Two of those cases involved questions about access to courts, albeit in extremely different contexts. In United States v. Sanchez-Gomez, argued on March 26, involves a challenge to a policy of shackling the arms and feet of criminal defendants during … Continue reading Argument Review: March 26, 2018 — Access to Courts

Argument Review: Contract Clause and Tribal Sovereign Immunity

For the first time in a quarter century, the Contract Clause was the central issue in oral arguments at the Supreme Court. In Sveen v. Melin, the issue is whether a Minnesota law nullifying an ex-spouse’s beneficiary status in a life insurance policy violates the Contract Clause, which prohibits states from passing laws “impairing the … Continue reading Argument Review: Contract Clause and Tribal Sovereign Immunity

Arguments: Week of March 19, 2018

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

Oral Arguments Review: Week of January 16

The Court had two days of oral argument last week. Tuesday, January 16 On Tuesday, the Court heard arguments in Dalmazzi v. United States and Hall v. Hall. In Dalmazzi (consolidated with Ortiz v. United States and Cox v. United States), the justices considered whether a military judge is statutorily or constitutionally precluded from serving … Continue reading Oral Arguments Review: Week of January 16

Oral Arguments Review: Week of January 8, 2018

Last week’s Supreme Court arguments featured the Fourth Amendment, voting rights, and disputes between states over water. On Monday, the Court heard arguments about two Fourth Amendment cases involving vehicles. First, the Court heard Byrd v. United States in which the issue was whether, under the Fourth Amendment, the driver of a rental car whose … Continue reading Oral Arguments Review: Week of January 8, 2018

Oral Arguments Review: Week of December 4, 2017

On Tuesday, the Supreme Court heard oral argument in one of the biggest cases of the Term: Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission. In this case, a baker who makes custom wedding cakes refused to provide a cake for a same-sex couple celebrating their marriage. The Colorado Civil Rights Commission found that he … Continue reading Oral Arguments Review: Week of December 4, 2017

Oral Arguments Review: Week of November 27

On Wednesday, the Court heard oral arguments in one of the most controversial cases of this term: Carpenter v. U.S. In Carpenter, the justices heard arguments on a Fourth Amendment issue asking whether people have a reasonable expectation of privacy when they relinquish specific information to a third party. In this case, the information is … Continue reading Oral Arguments Review: Week of November 27

Week in Review: Arguments and Opinion from the Week of November 6, 2017

The Court heard oral arguments in only two cases this week, previously discussed here, and it issued its first opinion of the Term. In Hamer v. Neighborhood Services of Chicago, argued on October 10, the Court unanimously held, in an opinion by Justice Ginsburg, that a rule of appellate procedure governing extensions to file a … Continue reading Week in Review: Arguments and Opinion from the Week of November 6, 2017