SCOTUSBlog

JANUARY 16, 2025

Judicial factfinding for restitution Under Apprendi v. New Jersey , [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. Relisted after the Jan. 10 conference.) Ocean State Tactical, LLC v.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The Ninth Circuit said the new issuance of NWP 12 rendered the appeals moot and ordered the district court to dismiss the underlying claim. The Ninth Circuit declined, however, to take a position on whether the underlying cases were moot in their entirety and also declined to vacate any district court decisions. Rhode Island v.

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The Crime Report

JUNE 24, 2022

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.

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SCOTUSBlog

APRIL 28, 2021

Sheldon Whitehouse continued his effort this week to highlight what he views as problematic behavior by the Supreme Court. Is there a legislative solution,” he asked, if Congress believes a Supreme Court decision is based on appellate fact-finding that is later proven false, and the decision is therefore invalid?

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ClimateChange-ClimateLaw

JANUARY 13, 2021

In December 2020, three additional petitions for writ of certiorari were filed by fossil fuel companies seeking review of decisions affirming remand orders in cases brought by the County of San Mateo and other California local governments, by Rhode Island, and by the City of Boulder and Boulder and San Miguel Counties in Colorado.

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SCOTUSBlog

FEBRUARY 24, 2025

It also once again did not act on several high-profile petitions for review, including a challenge to Marylands ban on military-style assault weapons and a challenge to Rhode Islands ban on large-capacity magazines. The justices declined to decide whether to limit or overrule its 1950 decision in Feres v.

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ClimateChange-ClimateLaw

MARCH 6, 2018

DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). order setting schedule Mar. 1, 2018; order denying remand and notice re tutorial Feb.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. Rhode Island , No. Justice Alito did not take part in the case. 20-884 (U.S.

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ClimateChange-ClimateLaw

JULY 2, 2021

The district court found the analysis of greenhouse gas and climate change impacts to be adequate but remanded for consideration of alternatives that did not involve leasing all nominated parcels. The conservation groups’ appeal of the district court decision is still pending, with the opening brief due on July 12.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. Rhode Island v. Shell Oil Products Co. ,

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