SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. of Marion County v.

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SCOTUSBlog

APRIL 15, 2021

24, 2020, the Supreme Court granted certiorari in Fulton v. City of Philadelphia , a case in which the petitioners and several amici are asking the Court to either (1) overrule Employment Division v. It remains in effect at the federal level, but the court held in City of Boerne v. Share On Feb.

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.

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SCOTUSBlog

MARCH 30, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

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SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. The ruling in Minerva Surgical Inc.

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At the Lectern

APRIL 27, 2023

City of Rancho Palos Verdes , the Supreme Court today holds immunity under Government Code section 830.6 , that generally protects California public entities and employees from liability for injuries “caused by the plan or design of a construction of, or an improvement to, public property,” is not as broad as government defendants want.

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Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Under Chevron’s two-step analysis, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.”

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SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week they’re replaced by three new relists, all involving government petitions in one way or another. Our first relist this week is the government’s petition in Securities and Exchange Commission v.

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SCOTUSBlog

JUNE 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s now June — the home stretch of the Supreme Court’s term, and yet there are still 33 cases still undecided. Court of Appeals for the 9th Circuit affirmed. We have just one new relist this week.

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SCOTUSBlog

JUNE 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court’s sprint to the end of the term continues. The court granted last week ’s one new relist, Wilkins v. This week’s conference marks the second of the court’s last four scheduled conferences.

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SCOTUSBlog

APRIL 18, 2022

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

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Conflict of Laws

JUNE 13, 2024

The Supreme Court of Nigeria and the Judicature The Nigerian Supreme Court is necessary for the legal system’s stability, coherence, and sustainable evolution. [2] The Supreme Court of Nigeria and the Judicature The Nigerian Supreme Court is necessary for the legal system’s stability, coherence, and sustainable evolution. [2]

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SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

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SCOTUSBlog

JANUARY 17, 2024

Share It has been nearly 40 years since the Supreme Court indicated in Chevron v. Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. Court of Appeals for the District of Columbia Circuit and the U.S. Applying Chevron , both the U.S.

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SCOTUSBlog

FEBRUARY 4, 2022

Two spectrums exist among Supreme Court justices, particularly those who have served since the New Deal ushered in the modern America. These pragmatists consider the real-world consequences of the court’s decisions and value stare decisis and narrow rulings. Think of Marshall and William Brennan in death-penalty cases.

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SCOTUSBlog

MARCH 20, 2023

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The question for the court is whether the law reaches infringing conduct outside the United States. In Abitron Austria GmbH v. Hetronic International, Inc. Bulova Watch Co.

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SCOTUSBlog

JUNE 24, 2022

The Supreme Court on Friday eliminated the constitutional right to obtain an abortion, casting aside 49 years of precedent that began with Roe v. In one of the most anticipated rulings in decades, the court overturned Roe , which first declared a constitutional right to abortion in 1973, and Planned Parenthood v.

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SCOTUSBlog

NOVEMBER 7, 2022

Share The Supreme Court on Monday issued orders from the justices’ private conference last week. After granting four petitions for review on Friday afternoon, the court – as expected – did not add any new cases to its docket for the 2022-23 term. A state appeals court ruled that Anthony had not received a fair trial.

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Patently O

OCTOBER 4, 2021

20-1394 (Supreme Court 2021). This is a core civil procedure case pending before the Supreme Court. The Supreme Court has now issued a Call for the Views of the Solicitor General (CVSG)–seeking the government’s input on whether to hear the case. Patreon, Inc. See, Kessler v. Eldred , 206 U.S. 285 (1907).

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Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law.

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ClimateChange-ClimateLaw

DECEMBER 6, 2021

The arguments before the Supreme Court in Dobbs v. Would this newly-comprised Roberts Court now contemplate leaving to the vote of state legislatures our rights to be admitted to the practice of law or to not be discriminated against in other respects as women, because of our Constitution’s “silence” or “neutrality”?

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SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

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SCOTUSBlog

APRIL 17, 2023

DeJoy , the Supreme Court will consider whether to overturn a nearly 50-year-old precedent on how employers must accommodate their employees’ religious practices. In 1977, the Supreme Court ruled in Trans World Airlines v. Court of Appeals for the 3rd Circuit, which upheld that decision. On Tuesday in Groff v.

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Fordham Law News

JANUARY 5, 2024

4] However, on November 2, 2023, it was announced that Major League Baseball had settled all three lawsuits with the minor league teams, avoiding the possible Supreme Court challenge, and sending the question of the validity of its long-held antitrust exemption back to the bullpen. [5] New York Yankees, Inc., National Basketball Assn.

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SCOTUSBlog

JULY 7, 2022

The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. The court’s third liberal, Justice Sonia Sotomayor, also dissented, though she did not join Roberts’ opinion.). An abortion prelude. Wade and Planned Parenthood v. The fall of Roe.

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SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Amicus briefs supporting Mississippi. The viability framework. Wade and Planned Parenthood v.

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JonathanTurley

SEPTEMBER 12, 2022

Last week, I had the honor of addressing the judges and staff of the United States Court of Appeals for the Tenth Circuit. also spoke at the conference and I was in attendance when he made his comments defending the legitimacy of the Court. To her credit, Marcus has opposed such court packing calls ). Chief Justice John G.

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SCOTUSBlog

NOVEMBER 29, 2021

Share When he ran for president in 2016, then-candidate Donald Trump promised to nominate Supreme Court justices who would vote to end the constitutional right to an abortion. If the court were to overturn Roe and Casey , access to abortion in America would shrink dramatically and immediately. Katie Barlow).

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The Crime Report

NOVEMBER 19, 2021

So Chemerinsky, one of the nation’s leading authorities on constitutional law, decided to write a book focusing on how the Supreme Court has (or has not) addressed the challenge of policing throughout its judicial history. One, ‘Is public pressure in this area of life going to change the Supreme Court?” And I think the answer is no.

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SCOTUSBlog

JANUARY 26, 2022

Share Justice Stephen Breyer, a devoted pragmatist and the senior member of the Supreme Court’s liberal wing, will retire from the court at the end of the 2021-22 term, NBC News reported on Wednesday. Court of Appeals for the 1st Circuit. appeals court judge named Ruth Bader Ginsburg to fill White’s seat.

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