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Court reaffirms duties of retirement-plan sponsors to monitor and update plan options

OPINION ANALYSIS By Ronald Mann on Jan 24, 2022 at 4:24 pm Monday’s decision in Hughes v. Northwestern University will be a strong contender for shortest decision of the term – Justice Sonia Sotomayor’s opinion for a unanimous court did not fill six pages, and included only six paragraphs of explanation following her summary of […]

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Justices will review scope of McGirt decision, but won’t consider whether to overturn it

SCOTUS NEWS By Amy Howe on Jan 21, 2022 at 3:22 pm Less than two years ago, the Supreme Court ruled in McGirt v. Oklahoma by a vote of 5-4 that a large portion of eastern Oklahoma, which was reserved for the Creek Nation in the 19th century, remains a reservation for purposes of a […]

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Majority turns down request to send Texas abortion litigation back to federal district court

SCOTUS NEWS By Amy Howe on Jan 20, 2022 at 5:30 pm The Supreme Court on Thursday afternoon rejected abortion providers’ request to order a federal appeals court to send their challenge to a Texas law banning almost all abortions in the state promptly back to the friendlier confines of a federal district court in […]

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Boston’s refusal to fly a Christian flag over city hall raises First Amendment questions

CASE PREVIEW By Amy Howe on Jan 17, 2022 at 6:51 pm Three flagpoles stand in front of Boston’s city hall. The city rejected an outside group’s request to fly a Christian flag on one of them. (Kit Leong via Shutterstock) When it hears oral argument on Tuesday in Shurtleff v. City of Boston, the […]

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A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

CASE PREVIEW By Suzanna Sherry on Jan 16, 2022 at 11:58 am Detail from Camille Pissarro’s Rue Saint-Honoré, Afternoon, Rain Effect. (Thyssen-Bornemisza National Museum) At the beginning of World War II, the heir of a prominent German Jewish art collector was forced to surrender her family’s Camille Pissarro painting to the Nazis. Her heirs have […]

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Justices signal narrow support for allowing equitable tolling of tax deadline

ARGUMENT ANALYSIS By Susan C. Morse on Jan 15, 2022 at 10:36 am Melissa Sherry argues on behalf of Boechler, P.C. (Art Lien) At the argument on Wednesday in Boechler v. Commissioner of Internal Revenue, most justices seemed prepared to allow consideration of “equitable tolling” in tax collection due process cases – so long as […]

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Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field

SCOTUS NEWS By Amy Howe on Jan 14, 2022 at 8:08 pm In a term in which the justices are already slated to weigh in on disputes over public funding for private schools that teach religion, the role of spiritual advisers in the execution chamber, and the flying of a religious flag on a city […]

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Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers

OPINION ANALYSIS By Amy Howe on Jan 13, 2022 at 4:41 pm The justices blocked a vaccine-or-test policy for large workplaces issued by an agency within the U.S. Department of Labor. (Greenburd via Shutterstock) With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Supreme Court on […]

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Justices grapple with the legacy of a 2001 immigration detention case

ARGUMENT ANALYSIS By Shalini Bhargava Ray on Jan 12, 2022 at 5:24 pm Assistant to the Solicitor General Austin Raynor argues on behalf of the government during Tuesday’s argument in Johnson v. Arteaga-Martinez. Justices Breyer and Sotomayor participated remotely. (Art Lien) The Supreme Court heard oral arguments on Tuesday in two challenges to lengthy immigration […]

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Justices debate state’s right to take tort recoveries from Medicaid beneficiaries

ARGUMENT ANALYSIS By Ronald Mann on Jan 11, 2022 at 1:21 pm Monday’s argument in Gallardo v. Marstiller displayed a bench surprisingly divided over a relatively simple question of statutory interpretation. The topic is what to do when a state Medicaid program pays for injuries that a beneficiary suffers, if the beneficiary later recovers a […]