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Pennsylvania Republicans return to Supreme Court to challenge extended deadline for mail-in ballots

Posted Sat, October 24th, 2020 5:01 pm by Amy Howe Four days after the justices left in place a ruling by the Pennsylvania Supreme Court that requires election officials in that state to count mail-in ballots received within three days after Election Day, Nov. 3, Pennsylvania Republicans returned to the Supreme Court. This time, rather […]

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Petitions of the week: Deadlines for attorneys’ fees, the elements of burglary and more

Posted Fri, October 23rd, 2020 3:42 pm by Andrew Hamm This week we highlight cert petitions that ask the Supreme Court to decide, among other things, the filing deadline for attorneys’ fees under the Individuals with Disabilities Education Act and whether Georgia’s burglary statute qualifies as a prior conviction under the Armed Career Criminal Act. […]

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Petitions of the week: “Bad Spaniels,” false testimony and more

Posted Fri, October 16th, 2020 3:55 pm by Andrew Hamm Photo from Page 11 of Jack Daniel’s Properties’ Petition for Certiorari This week we highlight cert petitions that ask the Supreme Court to decide, among other things, how humor affects trademark liability and the extent of a prosecutor’s duty to correct false testimony. Jack Daniel’s […]

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Petitions of the week: DNA analysts, Temporary Protected Status recipients and more

Posted Fri, October 9th, 2020 3:49 pm by Andrew Hamm This week we highlight cert petitions that ask the Supreme Court to decide, among other issues, which forensic analysts in a multi-analyst DNA-testing process a criminal defendant has the right to confront at trial and whether noncitizens who entered the United States without authorization but […]

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Relist Watch: Worst Monday in October

John Elwood reviews the relists from the “long conference” … barely. The Supreme Court began October 2020 with black crepe still draped over an empty bench as, for only the second time in its history, it began a sitting of remote telephonic arguments. But though they were down a member and working remotely, the justices […]

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Petitions of the week: Three unresolved death-penalty questions

Posted Fri, October 2nd, 2020 2:34 pm by Andrew Hamm This week we highlight cert petitions that, among other things, ask the Supreme Court to clarify three issues related to capital punishment: one involving ineffective assistance of counsel, one involving claims of intellectual disability, and one involving the roles of judge and jury during capital […]

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Petitions of the week: A pair of cases on Trump and the emoluments clauses

Posted Fri, September 18th, 2020 5:01 pm by Andrew Hamm This week we highlight two new cert petitions that ask the Supreme Court to decide whether business competitors of the Trump International Hotel have the right to sue the president under the Constitution’s emoluments clauses. Trump v. Citizens for Responsibility and Ethics in Washington and […]

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Petitions of the week: Capital punishment, sex discrimination, Trump’s Twitter and more

Posted Thu, September 10th, 2020 2:26 pm by James Romoser and Andrew Hamm This week we highlight recent cert petitions that ask the Supreme Court to weigh in on an obsolete sentencing practice for the death penalty, the extent of Title IX’s protections against sex discrimination, and President Donald Trump’s use of Twitter. In McMillan […]

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Petitions of the week: Warrantless home searches, border-wall funding and more

Posted Wed, September 2nd, 2020 4:48 pm by Andrew Hamm This week we highlight cert petitions that ask the Supreme Court to decide whether police, without a warrant, may enter a home and remove weapons under a “community caretaking” exception and whether Congress authorized the Trump administration’s spending on the U.S.-Mexico border wall. In Caniglia […]

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Petitions of the week: Voter citizenship, union organizing and more

Posted Thu, August 27th, 2020 4:16 pm by Andrew Hamm This week we highlight cert petitions that ask the Supreme Court to decide the constitutionality of a Kansas law on voter registration and a California law on union organizing. Schwab v. Fish involves a Kansas law that requires documentary proof of U.S. citizenship in order […]