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New York Second Amendment case headlines November argument calendar

SCOTUS News By Amy Howe on Aug 16, 2021 at 2:57 pm Gun rights head back into the court. (Popel Arseniy via Shutterstock) The Supreme Court on Monday released the schedule for the justices’ November argument session, which begins on Nov. 1 and runs through Nov. 10. The justices will hear oral arguments in nine […]

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Cases on Boston Marathon bomber, CIA secrets headline October argument calendar

SCOTUS News By Amy Howe on Jul 13, 2021 at 4:30 pm The justices have not taken the bench since March 2020. They have not yet announced if they will return to live arguments in October. (stock_photo_world via Shutterstock) Although the Supreme Court only recently finished releasing opinions from its 2020-21 term, it is already […]

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Is sovereign immunity out of gas in pipeline condemnation case?

OPINION ANALYSIS By Mark Latham on Jun 30, 2021 at 9:25 pm The Supreme Court held 5-4 in PennEast Pipeline Co. v. New Jersey that sovereign immunity does not shield New Jersey from condemnation proceedings instituted by a private company in federal court to obtain properties for a pipeline. Chief Justice John Roberts wrote the […]

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Justices argue over text (and ceviche) in ruling that Alaska Native corporations are “Indian tribes”

OPINION ANALYSIS By Gregory Ablavsky on Jun 27, 2021 at 9:41 pm The Supreme Court on Friday ruled that Alaska Native corporations constitute “Indian tribes” under the Indian Self-Determination and Education Assistance Act, making them eligible for $500 million in federal coronavirus relief. Though the court focused almost exclusively on the statutory text, the decision […]

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In dispute over renewable fuels, justices unravel “extensions” of “exemptions”

Opinion analysis By Richard Pierce on Jun 26, 2021 at 12:51 pm When Congress says that a firm can apply for an “extension” of an exemption, is a firm that has allowed its exemption to lapse eligible to apply for the “extension?” That is the question that divided the Supreme Court justices Friday in HollyFrontier […]

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Justices craft their own remedy for violation of Constitution’s appointments clause

Opinion analysis By George Quillin and Jeanne Gills on Jun 24, 2021 at 2:58 pm On Monday, the justices ruled 5-4 that the “unreviewable authority” of administrative patent judges meant those APJs were appointed in violation of the Constitution’s appointments clause. The justices then ruled 7-2 that the remedy was one of the court’s own […]

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Court declines to endorse warrantless entries in all “hot pursuits” for misdemeanors

Opinion analysis By Amy Howe on Jun 23, 2021 at 4:02 pm The Supreme Court ruled on Wednesday that when police are pursuing someone for a misdemeanor, that pursuit does not automatically create the kind of emergency that allows the officer to follow the suspect into a home without a warrant. The court acknowledged that […]

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Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

Opinion analysis By Amy Howe on Jun 17, 2021 at 1:36 pm This article was updated on June 17 at 7:15 p.m. The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based companies, Nestle and Cargill, facilitated human-rights abuses on cocoa plantations in the Ivory Coast. By a vote of 8-1, the […]

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Unanimous ruling on crack-cocaine disparity is heavy on text, light on history

Opinion analysis By Ekow Yankah on Jun 16, 2021 at 9:55 am Sometimes, deep, conflicting social currents clash in titanic movements and romantic prose. Other times, they are submerged under rather drier land; underground rivers in a desert of language. On Monday, the Supreme Court, in a unanimous decision, held that decades of roiling political […]

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Court makes it easier for appellate courts to affirm federal felon-in-possession convictions after Rehaif

Opinion analysis By Evan Lee on Jun 15, 2021 at 2:08 pm Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. […]