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Sonia Sotomayor Tag

Posted by William A. Jacobson on February 22, 2020 110 Comments
The lower federal courts repeatedly have had their orders and injunctions against Trump administration programs halted by the Supreme Court. In the travel cases, multiple stays were issued and when the case finally reached the Supreme Court on the merits, Trump won. This is not a matter of pro-Trump bias, but of out-of-control lower courts, particularly at the District Court level, where judges have overstepped their bounds to substitute judicial preferences for those of the executive branch in which the constitution vests matters related to entry into the country, among other things.

Posted by Jared Samilow on September 11, 2019 51 Comments
President Trump's administration won a significant victory at the Supreme Court on Wednesday afternoon. The NYT's Adam Liptak reports:
The Supreme Court on Wednesday allowed the Trump administration to bar many Central American migrants from seeking asylum in the United States. The court said the administration may enforce new rules that generally forbid asylum applications from people who had traveled through another country on their way to the United States without being denied asylum in that country.

Posted by William A. Jacobson on June 27, 2019 86 Comments
In a complicated ruling, the Supreme Court substantially upheld the inclusion of a census question regarding citizenship, but procedurally held that more inquiry was needed into C0mmerce Dept. reasoning in seeking to add the question. So the bottom line is that there might be a citizenship question, but it's unclear if there is time to get it resolved under deadlines for printing census forms.

Posted by William A. Jacobson on June 20, 2019 34 Comments
The U.S. Supreme Court has reversed the 4th Circuit Court of Appeals, and has ruled that the 1925 'Peace Cross' Memorial erected to remember World War I dead can stay on public land. The Opinion is here. Here is an explainer about the case from The Federalist Society:

Posted by William A. Jacobson on April 23, 2019 61 Comments
The Supreme Court heard oral argument on the issue of whether the Commerce Department can add a citizenship question to the Census.  Various District Courts ruled against the Trump administration, and the administration sought the unusual remedy of direct review by the Supreme Court. We previously covered the issues in our post when the Supreme Court granted direct review, Supreme Court agrees to hear Census citizenship question case.

Posted by William A. Jacobson on January 22, 2019 49 Comments
The Supreme Court issued Orders in two cases involving the Trump administration decision not to permit transgender persons to serve in the military. The Orders stayed District Court preliminary injunctions that had prevented the ban from going into effect. The votes split along ideological lines, with the four liberal Justices voting to deny the stay (i.e., allow the injunctions to continue).

Posted by Jared Samilow on January 06, 2019 15 Comments
The Supreme Court announced Friday that it would, once again, consider whether partisan gerrymandering can be so extreme that it violates the Constitution. The move comes after a term in which the justices had looked poised to impose some limits on partisan influence in redistricting, but ultimately seemed unable to agree on a workable standard for evaluating when state lawmakers cross a constitutional line.

Posted by William A. Jacobson on June 21, 2018 41 Comments
The Supreme Court in a 5-4 ruling that did not split on traditional ideological lines, upheld South Dakota's ability to require that out-of-state internet sellers collect state sales tax on goods sold into South Dakota. The case involved the internet retailer Wayfair and South Dakota. The case is being misrepresented in many media reports as involving whether states can tax internet sales. They can, and that was not in issue. The issue was whether states can force internet retailers to collect the sales tax and turn those proceeds over to the state.

Posted by William A. Jacobson on June 14, 2018 10 Comments
The Supreme Court, in the case of Minnesota Voters Alliance v. Mansky, ruled that a Minnesota law that banned “political badge, political button, or other political insignia" at polling places on Election Day was unconstitutional. The case was brought by voters who, among other things, wanted to wear a Tea Party Patriots tee shirt (see featured image, via MVA Facebook):
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