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
On October 31, the Court heard arguments in Frank v. Gaos. The case presents the issue of whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and complies with the requirement that a settlement binding class members must be “fair, … Continue reading October 31 Oral Argument Report
On October 30, the Supreme Court heard oral arguments in Garza v. Idaho, a case involving a criminal defendant’s claim of ineffective assistance of counsel. Garza argues that his lawyer was ineffective because he failed to file an appeal when Garza had requested that he do so. Garza’s lawyer counters that he did not file … Continue reading Oral Argument October 30: Ineffective Assistance of Counsel
In addition to the Supreme Court’s latest session of oral arguments and its announcement that it had granted certiorari in some new cases (see here), there was other news as well last week. Term Limits for the Court The Hill’s Lydia Wheeler wrote in an article this week about a new poll conducted by Fix … Continue reading News Roundup: Week of October 29, 2018
Nov 5 Weekly Preview On Monday November 5, 2018, the Court will release orders and hear arguments in two cases having to do with a clash between state law and federal law. In Sturgeon v. Frost, the Court is being asked to decide whether the Alaska National Interest Lands Conservation Act, bars the National Park … Continue reading Weekly Preview: Week of November 5, 2018
On Monday, the Court started its newest argument session by hearing arguments for two cases revolving around the Federal Arbitration Act (FAA). The FAA compels parties that contract for arbitration to resolve that dispute with an arbitrator instead of a court. In recent years, the Court has read the FAA expansively, including last Term. The first case, … Continue reading Oral Argument October 29: Arbitration Again
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
The Supreme Court will hear oral arguments in six cases during the week of October 29th: Monday, October 29: – Henry Schein Inc. v. Archer & White Sales Inc.: Archer & White Sales Inc. sued Henry Schein Inc. for antitrust violations. A magistrate judge interpreted the parties’ contract as requiring an arbitrator to decide questions … Continue reading Oral Arguments: Week of October 29, 2018
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