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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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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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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 grant review in 14 new cases but don’t act on hot-button issues

Posted Fri, January 8th, 2021 9:19 pm by Amy Howe The Supreme Court took a big step on Friday night toward filling up its merits docket for the rest of the 2020-21 term, granting review in 14 new cases for a total of 12 hours of argument. The justices will weigh in on the First […]

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Case preview: Justices to consider effect of change in government policy on cases seeking symbolic damages

The Supreme Court will hear oral argument on Tuesday in a case questioning whether a lawsuit seeking only symbolic damages can go forward after the government changes the unconstitutional policy being challenged, or whether the case is instead moot – that is, no longer a live controversy. The issue comes to the justices in Uzuegbunam […]

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Case preview: Justices will confront statutory puzzle on bond eligibility for noncitizens contesting deportation

Pham v. Guzman Chavez, which will be argued on Jan. 11, addresses the right of certain noncitizens to be released on bond while they are in the process of removal from the United States. The migrants at issue are a subgroup of a subgroup: those who have previously been ordered removed, and are statutorily subject […]

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February argument calendar includes immigration, voting-rights cases

Posted Thu, December 31st, 2020 1:30 pm by Amy Howe The Supreme Court on Thursday released the calendar for its February argument session, which begins on Feb. 22, 2021. Like the argument calendar for January 2021, the session is relatively light: It is slated to feature eight hours of argument over six days, but with […]

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Opinion analysis: Court tosses challenge to Trump’s plan to exclude unauthorized immigrants from congressional reapportionment

Posted Fri, December 18th, 2020 2:00 pm by Amy Howe The Supreme Court on Friday ruled that it was too early to resolve the legality of the Trump administration’s plan to exclude people who are in the country illegally from the state-by-state breakdown used to allocate seats in the House of Representatives. The decision puts […]

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Opinion analysis: Court sides with New Mexico over Texas in interstate water dispute

The Supreme Court decided Texas v. New Mexico on Monday, ruling in New Mexico’s favor in an interstate water dispute over the Pecos River. Texas filed the case directly in the Supreme Court, invoking the court’s original jurisdiction in cases where one state sues another … just as it did on Dec. 8 when it […]