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Military jurisdiction and two cases on arbitration and wage disputes

Petitions of the week By Andrew Hamm on Sep 17, 2021 at 3:17 pm This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution limits court-martial jurisdiction over retired servicemembers, whether a plaintiff must prove prejudice to show that a defendant waived a right to arbitrate, […]

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Prelogar sails through nomination hearing with only mild Republican critiques

Event Recap By Angie Gou on Sep 14, 2021 at 5:51 pm Elizabeth Prelogar giving her opening statements before the Senate Judiciary Committee during her nomination hearing. Elizabeth Prelogar, President Joe Biden’s nominee to be solicitor general, sat through a swift nomination hearing on Tuesday afternoon. Appearing before the Senate Judiciary Committee, she was met […]

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Kentucky’s big bet and Monsanto’s Roundup warnings

By Andrew Hamm on Sep 10, 2021 at 2:49 pm SCOTUS turtles This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Kentucky can recover $870 million from an online poker platform to recoup Kentuckians’ losses and whether federal approval of Roundup can protect Monsanto from violations under […]

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Court blocks execution, will weigh in on inmate’s religious-liberty claims

CAPITAL CASE By Amy Howe on Sep 8, 2021 at 10:47 pm The Supreme Court agreed to postpone the execution of John Ramirez, who was scheduled to die on Wednesday night in Texas. The last-minute respite will allow the justices to fully consider Ramirez’s request that his pastor be allowed to physically touch Ramirez and […]

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Justices to hold in-person arguments in the fall

SCOTUS NEWS By Amy Howe on Sep 8, 2021 at 1:10 pm The justices have not taken the bench since March 2020, but they will be back for in-person arguments next month. (stock_photo_world via Shutterstock) The Supreme Court announced on Wednesday that the justices will return to the courtroom for oral arguments this fall. Because […]

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Texas inmate seeks stay of execution over request for pastor to minister to him in final moments

CAPITAL CASE By Amy Howe on Sep 7, 2021 at 10:39 pm The Texas State Penitentiary at Huntsville, where the state’s execution chamber is housed. (Nick DiFonzo via Flickr) A Texas inmate asked the Supreme Court on Tuesday to block his execution, arguing that the state’s refusal to allow his spiritual adviser to lay his […]

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Abortion, the death penalty, and the shadow docket

SCOTUS FOCUS By Lee Kovarsky on Sep 6, 2021 at 12:03 pm Lee Kovarsky is the Bryant Smith chair in law and co-director of Capital Punishment Center at the University of Texas at Austin. Most people following the litigation over S.B. 8 — the new Texas ban on nearly all abortions after the sixth week […]

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North Carolina’s voter-ID lawsuit, racial bias in juries and a veteran’s disability claim

Petitions of the week By Andrew Hamm on Sep 3, 2021 at 7:28 pm The west wall frieze This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether two North Carolina legislators may intervene in a case challenging the state’s voter-ID law, whether a Black man on death […]

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Supreme Court leaves Texas abortion ban in place

Emergency docket By Amy Howe on Sep 2, 2021 at 2:26 am Nearly 24 hours after a Texas law that bans nearly all abortions in the state went into effect, the Supreme Court on Wednesday confirmed what it had previously only implied through its failure to act the night before: The court rejected a request […]

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Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUS FOCUS By Mary Ziegler on Sep 1, 2021 at 3:28 pm Mary Ziegler is a law professor at Florida State University and the author of Abortion and the Law in America: Roe v. Wade to the Present. Since the decision of Planned Parenthood of Southeastern Pennsylvania v. Casey in 1992, the hallmark of the […]