On Friday November 16, 2018, the Court granted the petition for certiorari in In Re Department of Commerce, et al., a case in which they previously denied the request to delay a trial over a dispute about whether a question relating to citizenship status should be included on the 2020 census. As The Hill discusses, … Continue reading The Census Case Grant and Other Orders
On November 13, 2018, the Court issued orders from its November 9th conference. The justices added two new cases to their docket. Among the cases the Court announced it will hear is Virginia House of Delegates v. Bethune-Hill, a challenge to the use of race in legislative redistricting. Based on the 2010 Census, the Virginia General … Continue reading November 13 Orders: Redistricting and Unsolicited Faxes
At its November 2 Conference, the Supreme Court granted certiorari in six cases. Two of the cases, which have been consolidated, involve challenges to a cross on public land. Those cases were brought by the American Humanist Association against the American Legion and the Maryland-National Capital Park and Planning Commission. In a 2-1 decision, he … Continue reading Conference Report: November 2 Conference
After the Supreme Court justices met in Conference on October 26, the Court called for the views of the Solicitor General in two cases. In Swartz v. Rodriguez, the Court is asking the Solicitor General to weigh in on issues relating to an implied remedy for damages and qualified immunity where a United States border … Continue reading Conference Report: October 26 Conference
As the 2018 midterm election approaches, parties to election and voting-related litigation are asking the Supreme Court to step in. On Tuesday October 10, 2018, for example, the Court ruled on a request to issue a stay in a North Dakota voter ID law challenge, declining to intervene. The North Dakota law requires that voters … Continue reading SCOTUS and the Election: North Dakota Voter ID Law
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
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
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
Although all eyes have been on the Kavanaugh nomination, the Supreme Court has continued to go about its business. It will have its first day of oral arguments on Monday, October 1. (For an in-depth review of the upcoming Term, listen to this National Constitution Center podcast.) And last week, the Court announced that it … Continue reading New Cert Grants from SCOTUS
As we look ahead to the week at SCOTUS, here’s a recap of last week’s orders and opinions. Orders In its June 4 orders, the Court called for the views of the Solicitor General regarding Airline Service Providers Association v. Los Angeles World Airports. The Court is considering whether to hear this case, which … Continue reading Orders and Opinions: Mandatory Minimums, Religious Freedom & Gay Rights