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US Supreme Court Tag

Posted by William A. Jacobson on January 18, 2018 20 Comments
The government just filed a Petition for Writ of Certiorari Before Judgment (full embed at bottom of post)(pdf.) in the Supreme Court seeking pre-judgement review of the federal District Court order preventing the Trump administration from terminating DACA. That District Court decision was absurd, as pointed out when we covered the decision, Judge prevents Trump from reversing Obama DACA policy.

Posted by Jared Samilow on January 13, 2018 17 Comments
We’re now on day 36 without a 4th Circuit decision on Trump's third travel order. Unveiled as a presidential proclamation on September 24, 2017, the third travel order (we'll call it EO-3) restricts entry by most nationals of Chad, Iran, Libya, Syria, and Yemen, as well as some nationals of North Korea and Venezuela.

Posted by William A. Jacobson on December 15, 2017 10 Comments
I have to admit, I fell asleep at the baker's wheel. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission was argued to the Supreme Court earlier this month and I, didn't cover it. Not out of lack of interest, but more feeling like we're chasing a swarm of daily dust ups created by (1) Trump Derangement Syndrome in all its many and varied forms, (2) Trump on Twitter, (3) media reacting to Trump on Twitter, (4) Alabama, (5) War on Women and #MeTwo, (6) Men at Work, (7) the End of the World. Plus, it was end of the semester, and things were busy. Excuses, I've had a few.

Posted by Jared Samilow on December 09, 2017 35 Comments

Friday night, the Supreme Court issued an Order (pdf.) staying a lower court ruling requiring the government to turn over thousands of documents related to the termination of DACA. The vote was 5 to 4, with Justice Breyer writing a 10-page dissent joined by Ginsburg, Sotomayor and Kagan.

The full Order and Dissent are embedded at the bottom of this post.

Posted by William A. Jacobson on November 17, 2017 21 Comments
I noted yesterday that Chuck Grassley finally appears ready to clear the backlog in Judiciary Committee hearings on Appeals and District court judicial nominees, by preventing withholding of "blue slips" from becoming de facto filibusters, Chuck Grassley rips up “blue slip” stall, Al Franken left groping for alternative delay tactic. It then will be up to Mitch McConnell to get nominees floor votes, and to overcome Democrat stalling tactics to draw out each nominee, even the ones they don't oppose. The goal has to be:

Posted by William A. Jacobson on October 11, 2017 16 Comments
We previously wrote how the U.S. Supreme Court was likely to dismiss the two Travel Order cases before it, one from the 4th Circuit (via Maryland District Court) and one from the 9th Circuit (via Hawaii District Court) on grounds of mootness. Both of those cases went against Trump. The 4th Circuit case became moot in late September because the Travel Order at issue (Travel Order No. 2) expired. In this context, mootness means there no longer is an actual case and controversy (a constitutional requirement for federal courts) to be decided by the court, because the Travel Order expired by its own terms.

Posted by William A. Jacobson on September 25, 2017 11 Comments
When Trump rolled out a new Permanent Travel Order last night, I noted that there was a substantial question whether this rendered the pending Supreme Court case as to Trave Order No. 2 moot:
So what happens to the pending Supreme Court case? It seems that so much of the case as sought an injunction against Travel Order No. 2 is moot, meaning there’s nothing left to enjoin. I’d have to dig deeper into the pleadings to know if the entire case goes away, but it seems that much of it will.
The Supreme Court just posted an Order requesting briefing specifically on the question of mootness, and canceling the scheduled October 5 oral argument:

Posted by William A. Jacobson on September 24, 2017 31 Comments
It seems like ancient history, but the original and replacement Travel Orders were meant to be temporary, to provide time for a security review. Those Orders were demagogued as "Muslim bans" when they clearly were not. They applied to the seven highest risk countries for terrorist visa infiltration as identified by the Obama Department of Homeland Security. What ensued were outrageous lower and appeals court decisions against the Travel Orders that read frequently like political manifestos.

Posted by Kemberlee Kaye on September 13, 2017 20 Comments
Texas' Congressional and state legislative district maps have been bouncing around the federal court system for months. Tuesday, the Supreme Court blocked an order from the lower court that required new maps redrawn. Redrawing maps would create new districts and ultimately favor Democrats in upcoming elections. At the heart of the district maps battle are allegations that maps drawn after the 2010 census were essentially racist and thus unconstitutional and contradictory to the Voting Rights Act.

Posted by William A. Jacobson on September 12, 2017 9 Comments
Yesterday Justice Kennedy issued a temporary stay of the 9th Circuit's ruling as to refugees, whose entry is put on hold under the Trump Travel Order No. 2. Today the full Supreme Court granted the stay:
The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered by a formal assurance, pending further order of this Court.

Posted by William A. Jacobson on July 21, 2017 4 Comments
The State of Hawaii and the Trump administration have jointly requested that the 9th Circuit Court of Appeals expedite consideration of the Trump administration's request for a stay of a Hawaii District Court preliminary injunction that significantly curtailed the implementation of Travel Order No. 2. The request comes just days after the Supreme Court ruled on the Trump administration's request for "clarification" and a stay. The Supreme Court denied the request for “clarification,” granted a stay of the Hawaii Order on refugees, and was silent (de facto denial) of a stay as to relatives:

Posted by William A. Jacobson on July 19, 2017 35 Comments
The Supreme Court has ruled on the Trump administration's Motion for Clarification and for a Stay of the Hawaii Order significantly scaling back implementation of Travel Order No. 2. The Court denied the request for "clarification," granted a stay of the Hawaii Order on refugees, and was silent (de facto denial) of a stay as to relatives:
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