The Supreme Court issued five decisions today — Salinas v. Texas, FTC v. Actavis, Inc., Alleyne v. United States, Maracich v. Spears, Arizona v. Inter Tribal Council — but we’re still waiting for Fisher (and Shelby County and the same-sex marriage cases). Today still produced some interesting rulings, and some interesting line-ups as Justices Scalia […]
Archive | Supreme Court
Still Waiting for Fisher
The Supreme Court released opinions in four argued cases this morning: American Trucking Assn. v. Los Angeles, Tarrant Regional Water District v. Hermann, United States v. Davila, and Association for Molecular Pathology v. Myriad Genetics. All four were unanimous in the judgment. (Justice Scalia authored opinions concurring-in-part and concurring in the judgment in Davila and […]
Noel Canning Recess Appointments Case Fully Briefed And Ready for Decision
Yesterday, the government filed its cert. stage reply brief in NLRB v. Noel Canning, 12-1281, the case seeking review of the D.C. Circuit’s decision invalidating President Obama’s 2012 recess appointments to the NLRB. The challenge to the appointments was brought by the U.S. Chamber of Commerce’s National Chamber Litigation Center. The cert papers were distributed […]
Reading The Tea Leaves On Shelby County v. Holder
Based on today’s decision in Maryland v. King, there are now three opinions outstanding from the February sitting (Shelby County v. Holder, Peugh v. United States, and American Express Co. v. Italian Colors Restaurant), and three Justices who have no majority opinion for that sitting yet (the Chief Justice, Justice Scalia, and Justice Sotomayor). Making […]
The Sixth Circuit Wins One
The U.S. Court of Appeals for the Sixth Circuit has had quite a losing streak in the Supreme Court. For the past few years, on over twenty straight cases, the Supreme court has reversed the Sixth Circuit decision in every case in which the Court accepted cert. The lion’s share of these cases concerned grants […]
Supreme Court Holds Chevron Deference Applies to Scope of Agency Jurisdiction
Today, in Arlington v. FCC, the Supreme Court held 6-3 that courts should confer Chevron deference to agency interpretations of ambiguous statutory provisions concerning the scope of agency jurisdiction. Justice Scalia wrote for the majority. Justice Breyer filed an opinion concurring in part and concurring in the judgment. The Chief Justice dissented, joined by Justices Kennedy and […]
Audio of My Discussion of the Supreme Court with Prof. Eric Segall on Stand Up! With Pete Dominick
Sirius Satellite Radio has posted the audio of my recentdiscussion of the Supreme Court with George State University Professor Eric Segall on Stand Up! With Pete Dominick. The audio is available here. Much of the discussion focuses on general issues of constitutional theory and the extent to which the Supreme Court is or is not […]
Upcoming XM Sirius Radio Appearance on the Current Supreme Court Term
This Thursday between 8 AM 9 AM eastern time, I will be appearing on Stand Up! With Pete Dominick, on XM Sirius satellite radio to discuss the major cases of the current Supreme Court term. I will be joined by Professor Eric Segall of Georgia State University. I am not sure exactly which cases we […]
Supreme Court Agrees to Consider Case, Without Having Heard Yet from Respondents
That’s very unusual. A bit of background: If a litigant loses below, and petitions for certiorari (i.e., Supreme Court review), he is labeled the “petitioner,” and the winner the “respondent.” When respondents see a petition filed, they sometimes file a brief in opposition (called a BIO), but often waive their right to respond. If the […]
A Blue Ridge Bunker
Jess Bravin has an interesting report on the Cold War-era plans to relocate the Supreme Court to Asheville, North Carolina in the event of an enemy attack on Washington, D.C.
Business and the Roberts Court Revisited (Again)
Sunday’s NYT featured an extensive article by Adam Liptak arguing that the Roberts Court has been particularly friendly to business interests, particularly in comparison to its predecessors. This is not a new claim. In fact, Liptak has reported on the Roberts’ Court’s alleged pro-business leanings before, drawing on many of the same experts (including yours […]
Supreme Court of Rock and Roll
From James Wilson Pickett to the Elena Light Orchestra, compiled by Kevin McGuire.
France’s Kiobel
By Eugene Kontorovich on May 2, 2013 3:19 pm in Alien Tort Statute, Corporations and Corporate Law, Global Governance/World Government, International Human Rights Law, International Law, Israel, Supreme Court
I wrote yesterday about the French Court of Appeals decision holding that French train companies did not violate international law (and particularly the Fourth Geneva Convention) by building a light rail system in Jerusalem, including areas occupied by Jordan before 1967. The case, PLO v. Alstom, is a perfect foreign coda to the Supreme Court’s […]
Why maximal enforcement of federal gun laws is not always a good idea
By David Kopel on April 26, 2013 4:27 am in Commerce Clause, Congress, Constitutional Law, Criminal Law, Federalism, Guns, Immigration, Necessary and Proper, Supreme Court, War on Drugs
A common trope of many Second Amendment advocates is to urge more vigorous enforcement of existing federal gun control laws, as the alternative to enacting additional laws. Rhetorically, that’s very effective. But as a policy matter, it is not always a good idea. Consider legislation recently considered by the Senate: The Manchin-Toomey amendment was supported […]
The Supreme Court’s Standing Problem (Cont’d)
The scandal goes on. Adam Liptak reports.