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The dangers of judicial cherry-picking

SYMPOSIUM By Rev. Dr. Cari Jackson on Jul 1, 2022 at 7:07 pm This article is part of a symposium on the court’s decision in Dobbs v. Jackson Women’s Health Organization. Cari Jackson is director of spiritual care and activism for the Religious Coalition for Reproductive Choice. She is an ordained minister in the United Church of Christ […]

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Supreme Court curtails EPA’s authority to fight climate change

OPINION ANALYSIS By Amy Howe on Jun 30, 2022 at 12:57 pm The Environmental Protection Agency building in Washington, D.C. (Erik Cox Photography via Shutterstock) The Supreme Court on Thursday truncated the Environmental Protection Agency’s power to regulate greenhouse gases. The ruling may hamper President Joe Biden’s plan to fight climate change and could limit […]

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In 5-4 ruling, court dramatically expands the power of states to prosecute crimes on reservations

OPINION ANALYSIS By Matthew L.M. Fletcher on Jun 29, 2022 at 12:35 pm On the second-to-last day of the 2021-22 term, the Supreme Court ruled 5-4 that Oklahoma — and all other states — possesses concurrent jurisdiction with the federal government over crimes committed by non-Indians against Indians in Indian country, wiping away centuries of […]

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Tantamount to nothing: Miranda “rights” can(not) be wronged

OPINION ANALYSIS By Lenese Herbert on Jun 27, 2022 at 11:57 am On Thursday, the Supreme Court released its opinion in Vega v. Tekoh, in which a 6-3 court held that a violation of Miranda v. Arizona does not provide a basis for civil damages under 42 U.S.C. § 1983. The majority’s decision both hobbles […]

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Demonstrators converge outside Supreme Court after Dobbs decision

SCOTUS NEWS By SCOTUSblog on Jun 24, 2022 at 6:33 pm Activists on both sides of the abortion debate gathered outside the Supreme Court on Friday after the court issued its decision overturning Roe v. Wade. Amid an extensive police presence, protests remained largely peaceful as opponents of abortion rights cheered with joy and supporters […]

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Supreme Court overturns constitutional right to abortion

SCOTUS NEWS By Amy Howe on Jun 24, 2022 at 10:13 am Supporters and opponents of abortion rights protested in front of the Supreme Court on Friday. (Katie Barlow) This article was updated on June 24 at 11:43 a.m. The Supreme Court on Friday eliminated the constitutional right to obtain an abortion, casting aside 49 […]

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In 6-3 ruling, court strikes down New York’s concealed-carry law

SCOTUS NEWS By Amy Howe on Jun 23, 2022 at 10:36 am The Supreme Court remains surrounded by a security barrier as the court nears the end of its term. (Katie Barlow) This article was updated on June 23 at 12:03 p.m. The Supreme Court on Thursday struck down a New York handgun-licensing law that […]

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Justices validate denial of insurance coverage for outpatient dialysis

OPINION ANALYSIS By Ronald Mann on Jun 21, 2022 at 11:46 am The court rejected a claim from DaVita Inc. that low health insurance reimbursement rates violated federal law. (APN Photography via Shutterstock) Tuesday’s opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc. laid out a roadmap for private insurers to shift […]

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Justices curtail ability to get discovery in U.S. court for use in international arbitrations

OPINION ANALYSIS By Minyao Wang on Jun 17, 2022 at 11:20 am In a decision that was much anticipated in the international business community, the Supreme Court on Monday clarified the scope of 28 U.S.C. § 1782, which allows an interested party to obtain discovery in the United States “for use in a proceeding in […]

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In far cry from usual textualism, court rejects veteran’s attempt to reopen a benefits denial based on legal error

OPINION ANALYSIS By Anita Krishnakumar on Jun 17, 2022 at 10:08 am On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed […]