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US Supreme Court Tag

Posted by William A. Jacobson on March 19, 2019 26 Comments
The Trump administration scored a big win in the Supreme Court today in the case of Nielsen v. Preap. Equally important, the court's focus on statutory language and interpretation bodes well for the Trump administration at such point as the litigation over Trump's Declaration of National Emergency makes its way to the Supreme Court. The Opinion is complicated, with multiple concurring opinions. But at a macro level, it split on the conservative-liberal line, with Chief Justice Roberts siding with the conservatives.

Posted by William A. Jacobson on February 26, 2019 22 Comments
One of the more curious opinions was handed down by the Supreme Court as part of its February 25, 2019 Order List. The Opinion was Yovino v. Rizo (pdf.)(full embed at bottom of post), arising out of the 9th Circuit. The issue was whether the vote on the case of the late Judge Stephen Reinhardt could be counted where he expressed his vote while alive, but died before the opinion was filed. The 9th Circuit said sure, count the vote even though Reinhardt was not alive at the time the opinion was filed.

Posted by William A. Jacobson on February 07, 2019 53 Comments
The Supreme Court has granted a stay of the new Louisiana anti-abortion law, in a 5-4 vote with Chief Justice Roberts siding with the four liberal Justices. The law in question requires a doctor performing abortion to have admitting privileges at a nearby hospital, which critics alleged would result in only a single abortion doctor in the entire state. This is only a stay pending appeal, not an ultimate disposition of the 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 Fuzzy Slippers on January 13, 2019 31 Comments
As Ruth Bader Ginsburg watch continues, Senator Lindsey Graham (R-SC) says he's "hell bent" on replacing her—or any Justice who leaves the Supreme Court—with a conservative.  As the new chairman of the powerful Senate Judiciary Committee, he's in a position to follow through. Graham was absolutely horrified and incensed by the way the Democrats treated now-Supreme Court Justice Brett Kavanaugh, and he is obviously still angry and indignant about it.

Posted by William A. Jacobson on January 10, 2019 59 Comments
85-year-old Supreme Court Justice Ruth Bader Ginsburg has suffered multiple health setbacks in recent months. She fell and broke some ribs, and then had cancerous tumors removed from her lungs. Recovery from the lung surgery caused Ginsburg to miss three days of oral arguments this week, the first time she has missed an oral argument since joining the high court:

Posted by Mary Chastain on January 08, 2019 52 Comments
On Monday I blogged that Supreme Court Justice Ruth Bader Ginsberg missed oral arguments for the first time in her tenure because she's recovering from surgery. Doctors removed cancerous nodules off her lung. I wrote that people joked about giving her their limbs and organs, but also wouldn't be surprised if people actually did this. Say no more! Politico Chief Political Columnist Roger Simon asked Twitter today if anyone would "subtract one day off your life and add it to Ruth Bader Ginsburg's life for one extra day of good health."

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 New Neo on December 24, 2018 49 Comments
Last Friday, Professor Jacobson wrote a post entitled "Chief Justice Roberts is the new Swing Vote, or worse," explaining that:
Roberts...saw fit to make a public pronouncement after Trump criticized a San Francisco federal judge for a decision enjoining Trump’s new policy on processing asylum claims, which held that people who illegally crossed the border could not apply for asylum...
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