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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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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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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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Justices reject House’s request to fast-track release of opinion on Trump’s financial records

Posted Mon, July 20th, 2020 12:22 pm by Amy Howe The Supreme Court on Monday morning turned down requests from the House of Representatives to expedite the date on which the court’s ruling on access to the president’s financial records will officially go into effect. The orders came three days after Chief Justice John Roberts […]

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Roberts OKs request for Trump v. Vance ruling to take effect immediately

Posted Fri, July 17th, 2020 2:52 pm by Amy Howe Chief Justice John Roberts on Friday granted a request from a New York district attorney to accelerate the date on which the Supreme Court’s ruling on access to the president’s financial records will officially go into effect. The court did not act on similar requests […]

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Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma

The first thing we learned this morning with the announcement of the decision in McGirt v. Oklahoma was that Chief Justice John Roberts didn’t manage to be in the majority in every single 5-4 decision this term. Today, Justice Neil Gorsuch wrote for a majority of five (joined by Justices Ruth Bader Ginsburg, Stephen Breyer, […]

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Opinion analysis: Fractured court rules in favor of political consultants in First Amendment challenge to federal robocall law but keeps robocall ban in place

On Monday, in a fractured set of opinions, the Supreme Court ruled in favor of an association of political consultants challenging the Telephone Consumer Protection Act of 1991. That statute bans robocalls to cellphones. In 2015 Congress added an exception to permit robocalls collecting government-backed debts. In Barr v. American Association of Political Consultants, the […]

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Opinion analysis: Court upholds “faithless elector” laws

Posted Mon, July 6th, 2020 1:43 pm by Amy Howe This morning the Supreme Court unanimously rejected two challenges to the constitutionality of so-called “faithless elector” laws, which penalize or remove presidential electors who fail to vote for the candidate they have pledged to support. The rulings came with just under four months remaining before […]

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Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

Posted Tue, June 30th, 2020 6:32 pm by Jessica Litman When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the […]

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Opinion analysis: Court confirms limitations on federal review for asylum seekers

In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal allows an immigration official to make the immediate decision to deport a […]