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Petitions of the week: Two cases on the state-secrets privilege

Posted Fri, January 22nd, 2021 1:36 pm by Andrew Hamm This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the federal government’s state-secrets privilege to protect classified information from disclosure. In United States v. Zubaydah, respondent Zayn Husayn, also known as Abu Zubaydah, is a former associate of […]

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Argument analysis: Justices divided in procedural battle between Baltimore, oil companies in climate fight

Kannon Shanmugam argues for BP and other fossil fuel companies (Art Lien) In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. That principle may […]

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Opinion analysis: A narrow win for creditors

Posted Wed, January 20th, 2021 9:48 am by Danielle D’Onfro On Thursday, the Supreme Court’s opinion in City of Chicago v. Fulton clarified that creditors do not violate the Bankruptcy Code’s automatic stay if they passively retain a debtor’s property after the debtor files for bankruptcy protection. The automatic stay is the provision of the […]

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Argument analysis: Justices sympathetic to FCC in media ownership dispute

The Supreme Court heard oral argument on Tuesday morning in a dispute arising from the Federal Communications Commission’s attempts to deregulate local media ownership. After nearly an hour and a half of debate, the justices seemed inclined to uphold the FCC’s efforts – even if not on the ground that big broadcasters would prefer. FCC […]

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Case preview: Clash over media ownership rules arrives at the court

On Tuesday the Supreme Court will hear oral argument in the latest chapter of a long-running battle between the Federal Communications Commission and the U.S. Court of Appeals for the 3rd Circuit over the FCC’s efforts to deregulate media ownership. Although the case is a technical one, the court’s eventual ruling could affect who owns […]

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Over sharp dissents, court intervenes to allow federal government to execute 13th person in six months

The Supreme Court on Friday allowed the federal government to execute Dustin Higgs, reversing lower-court orders that had put the execution on hold and drawing strongly worded dissents from two justices. Higgs’ execution was the third federal execution this week, and it concludes a push by the Trump administration to carry out death sentences before […]

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Petitions of the week: Three Second Amendment petitions and a Wiretap Act claim against Facebook

Posted Fri, January 15th, 2021 1:41 pm by Andrew Hamm This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individual’s right to possess firearms outside the home or after a conviction for a nonviolent […]

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Court allows execution of Corey Johnson to proceed after COVID-19 diagnosis

Posted Thu, January 14th, 2021 11:54 pm by Kalvis Golde The justices on Thursday night denied two last-minute appeals by Corey Johnson, who sought to postpone his execution so that he could recover from COVID-19, which he contracted in prison after spending most of his life on death row. Johnson also argued that he was […]

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Argument analysis: Justices doubt FTC’s authority to compel monetary relief

Posted Thu, January 14th, 2021 3:16 pm by Ronald Mann If you’re arguing on behalf of a federal regulatory agency’s authority to protect consumers from businesses and Justice Stephen Breyer sets his face against you, then chances are your day is not going well. But that is what happened Wednesday morning when Joel Marcus appeared […]

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Justices are “in the process” of getting COVID vaccines; some have received both doses

Posted Wed, January 13th, 2021 9:17 pm by James Romoser Some Supreme Court justices, including Chief Justice John Roberts, have received both doses of the coronavirus vaccine, and the court says plans are in place for all nine justices to become fully vaccinated. Kathy Arberg, a spokesperson for the court, declined to say how many […]