The Supreme Court began the new year with oral arguments on Monday January 7, 2019. Justice Ginsburg did not join the bench, however, following surgery for cancerous nodules on her lung — the first time she has ever missed oral argument despite a series of health issues over the years. There has been much reporting … Continue reading Oral Argument: Preemption and Mortgage Foreclosures →

On December, the Court heard argument in Dawson v. Steager, which implicates a nearly-200-year-old case: McCulloch v. Maryland, as tax professor Daniel Hemel explains at SCOTUSblog.. In McCulloch, the Court, led by Chief Justice John Marshall, held that the state of Maryland could not tax the Bank of United States, at least as long as … Continue reading Oral Argument: State Tax of Federal Pensions & Securities Fraud →

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 →