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Supreme Court leaves in place order requiring Pennsylvania to count absentee ballots after Election Day

Posted Mon, October 19th, 2020 8:53 pm by Amy Howe A deadlocked Supreme Court on Monday let stand a lower-court ruling that requires Pennsylvania election officials to count absentee ballots received within three days after Election Day, Nov. 3, even if they are not postmarked. In two brief orders issued shortly after 7 p.m., the […]

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Court fast-tracks census appeal

Posted Fri, October 16th, 2020 7:13 pm by Amy Howe The Supreme Court announced on Friday afternoon that it would expedite an appeal by the Trump administration in a dispute over the administration’s plan to exclude people who are in the country illegally from the state-by-state breakdown of the population for use in the allocation […]

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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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Argument analysis: Justices spar over stare decisis, originalism, text and what counts as a Fourth Amendment “seizure”

In the oral argument of Torres v. Madrid on Wednesday, the justices tried out all the tools of constitutional interpretation as they worked through the meaning of the critical Fourth Amendment term, “seizure.” How they rule will answer one of the last remaining questions in this context: Is there a Fourth Amendment “seizure” when the […]

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Barrett hearings, day four: A sense of inevitability from both sides of the aisle

Posted Thu, October 15th, 2020 11:39 pm by James Romoser The Senate Judiciary Committee on Thursday concluded its hearings on Supreme Court nominee Amy Coney Barrett and, amid unsuccessful efforts by Democrats to delay the process, scheduled a committee vote to send her nomination to the full Senate on Oct. 22. A full Senate vote […]

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Barrett hearings, day three: Many more questions from senators, few new details from the nominee

Posted Wed, October 14th, 2020 10:55 pm by James Romoser Judge Amy Coney Barrett spent another day eschewing substantive pronouncements and promising judicial impartiality in testimony before the Senate Judiciary Committee on Wednesday, the second and final day in which senators had a chance to question President Donald Trump’s nominee to succeed the late Justice […]

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Barrett hearings, day two: “I have no agenda”

Supreme Court nominee Amy Coney Barrett declined on Tuesday to answer questions about her views on the Affordable Care Act, abortion, same-sex marriage and a slew of other issues, saying repeatedly that she has made “no pre-commitments” about how she would decide any case if she were confirmed. Rebuffing Democrats, she also would not say […]

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Barrett hearings, day one: Opening statements on health care, religion and the Supreme Court’s role

Posted Mon, October 12th, 2020 8:40 pm by James Romoser Judge Amy Coney Barrett told the Senate Judiciary Committee on Monday afternoon that “courts are not designed to solve every problem or right every wrong” after a day of polarized back-and-forth in which senators quarreled over the Supreme Court’s prominent role in health care, abortion, […]

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Case preview: Determining the statute of limitations for military rape — and possibly a lot more

Editor’s note: A previous version of this article ran on March 16, 2020. When the Supreme Court entertains argument on Tuesday in United States v. Briggs, which had originally been scheduled for Monday, March 23, it will be asked to decide whether three men convicted of military rape should not have been prosecuted in the […]

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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 […]