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Are Alaska Native corporations Indian tribes? A multimillion-dollar question

CASE PREVIEW By Gregory Ablavsky on Apr 16, 2021 at 8:18 pm Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims in Alaska — “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act? On Monday, the Supreme Court will hear argument on that question in Yellen […]

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Medicaid, Medicare and House representation for the District of Columbia

By Andrew Hamm on Apr 16, 2021 at 5:20 pm This week we highlight cases that ask the Supreme Court to consider, among other things, whether Florida’s Medicaid agency can recoup the cost of past medical expenses from a tort victim’s settlement fund that is intended to pay for future medical care, whether the federal […]

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Harvard Law Review panel on Supreme Court journalism

Upcoming Event By Kalvis Golde on Apr 15, 2021 at 11:29 am On Thursday, April 15, at 7:30 p.m. EDT, the Harvard Law Review and Harvard Law School chapters of the American Constitution Society and the Federalist Society will host a discussion with a number of Supreme Court commentators from news outlets, podcasts, Twitter and […]

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The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness

SCOTUS BRACKETOLOGY By James Romoser on Apr 14, 2021 at 12:19 pm Forget Ali vs. Frazier, Celtics vs. Lakers, or Evert vs. Navratilova. It’s time for Marshall vs. Warren. After three rounds of the first-ever SCOTUS bracketology tournament, only two justices remain. Both held the title of chief justice. Both reshaped American law and society. […]

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Divided court blocks California’s COVID-related restrictions on in-home religious gatherings

EMERGENCY DOCKET By Amy Howe on Apr 10, 2021 at 1:30 am A divided Supreme Court on Friday night granted a request by a California pastor to put COVID-related restrictions on in-home Bible study and prayer meetings on hold. The ruling, issued just before midnight, was the most recent in a series of challenges, dating […]

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Biden to create bipartisan commission on Supreme Court reform

SCOTUS News By Amy Howe on Apr 9, 2021 at 1:27 pm President Joe Biden announced the members of a commission to study Supreme Court reform (lev radin via Shutterstock) President Joe Biden will issue an executive order to create a commission to study potential reforms to the Supreme Court, the White House announced on […]

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Two cases alleging disability-based discrimination

Petitions of the week By Andrew Hamm on Apr 9, 2021 at 1:01 pm This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. One petition involves the Americans with Disabilities Act. Another involves the interaction of […]

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What Next for Court Reform?

Upcoming Event By Kalvis Golde on Apr 7, 2021 at 8:56 am On Thursday, April 8, at 4 p.m. EDT, the American Constitution Society will continue the debate over whether and how to restructure both the Supreme Court and the lower federal courts, in light of the Biden administration’s formation of a commission to study […]

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Justices validate Google’s use of Java platform in Android software code

Opinion Analysis By Ronald Mann on Apr 6, 2021 at 2:09 pm Monday’s decision in Google v. Oracle reminds us that occasionally the Supreme Court can take a big case and actually decide it! So many of the intellectual-property cases that reach the justices reflect minor circuit conflicts of largely technical interest or end up […]

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Google wins copyright clash with Oracle over computer code

Breaking News By James Romoser on Apr 5, 2021 at 11:00 am The Supreme Court on Monday sided with Google over Oracle in a major copyright battle, ruling that Google’s copying of a portion of the Java SE computer program is protected as “fair use.” The ruling in Google v. Oracle was 6-2, with Justice […]