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18 Oct, 4 tweets, 1 min read
NEW: In Monday morning order list, the Supreme Court agrees to hear two new cases: Ysleta del Sur Pueblo v. Texas, and Denezpi v. United States. The full order list is here: supremecourt.gov/orders/courtor…
Both cases are about Native American law. Ysleta involves the regulation of gambling on tribal land. Denezpi asks whether a tribal court counts as a "federal agency" (such that a person convicted in the tribal court cannot be later prosecuted in U.S. district court).
Also in today's order list, SCOTUS summarily reverses the rulings of two lower courts that had allowed lawsuits against police officers to proceed. SCOTUS says the officers in both cases are entitled to qualified immunity. No noted dissents from either reversal.
CORRECTION to tweet above: Denezpi v. U.S. does not involve whether a tribal court counts as a federal agency. Rather, the case involves the Court of Indian Offenses -- a special court that operates in areas where Native American tribes do not have their own tribal court system.

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5 Oct
Today at SCOTUS: The justices are back in the courtroom for their second day of in-person arguments. They'll hear two cases about the rights of people accused or convicted of crimes.
First, Brown v. Davenport is about circumstances in which a state violates a defendant's constitutional rights at trial, but state courts find that the violation was "harmless." How should federal courts review that finding? @PrimusEve previews the case: scotusblog.com/2021/10/justic…
Second, Hemphill v. NY involves a clash between the Sixth Amendment right to cross-examine adverse witnesses and a state evidentiary rule intended to prevent defendants from introducing misleading evidence that goes unrebutted. Shaakirrah Sanders explains: scotusblog.com/2021/10/will-t…
Read 4 tweets
SCOTUSblog Profile picture
5 Oct
A few images from the Supreme Court's return to in-person arguments today, from @Courtartist.

First, the gaveling-in of the 2021-22 term.
Mississippi Deputy Solicitor General John Coghlan begins his argument in the first case of the term, Mississippi v. Tennessee.
Amy Coney Barrett asks her first question from the bench. She has been on the court for nearly a year, but for her entire tenure until today, the court's arguments were conducted via telephone.
Read 4 tweets
SCOTUSblog Profile picture
4 Oct
It's the opening day of the Supreme Court's 2021-22 term. And for the first time in more than 18 months, the justices will be back in the courtroom for oral arguments (minus Justice Kavanaugh, who tested positive for COVID last week and will participate in arguments remotely).
SCOTUS will hear two cases today. First, an interstate water dispute. Mississippi says Tennessee is improperly pumping groundwater out of an aquifer that straddles the two states. Mississippi seeks $600 million in damages. Here's @ProfRobinCraig's preview: scotusblog.com/2021/10/in-ter…
Next up: The case of a man who stole items from 10 storage units in the same storage facility on the same night. Were those crimes committed on "different" "occasions" for the purposes of a federal sentencing enhancement? Daniel Harawa explains the case: scotusblog.com/2021/10/whats-…
Read 4 tweets
SCOTUSblog Profile picture
30 Sep
1/ A quick thread on the five new cases the Supreme Court agreed to hear this morning. ⬇️
2/ The campaign-finance case, FEC v. Cruz, is a challenge from Ted Cruz to a federal law that limits how (and how much) a candidate can loan money to his or her campaign and then recoup that money after the election. More on the case here: scotusblog.com/case-files/cas…
3/ Cassirer v. Thyssen-Bornemisza Foundation involves procedural issues under the Foreign Sovereign Immunities Act in a case in which the family of a Holocaust survivor seeks the return of art stolen by the Nazis.
scotusblog.com/case-files/cas…
Read 7 tweets
SCOTUSblog Profile picture
27 Aug
BREAKING: The Supreme Court lifts the federal eviction moratorium. In an unsigned 8-page opinion (with the three liberals dissenting), SCOTUS sides with a group of landlords who argued that the CDC lacked the authority to bar evictions during the pandemic.
supremecourt.gov/opinions/20pdf…
The majority says that the CDC, in barring evictions, relied on "a decades-old statute that authorizes it to implement measures like fumigation and pest extermination."

"It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts."
This is the second time the eviction moratorium has been at SCOTUS this summer. In June, the court allowed the prior version of the moratorium to remain in place through July. But on Aug. 3, the CDC renewed it for two additional months, and this time SCOTUS decides to halt it.
Read 4 tweets
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2 Jul
NEW: The Supreme Court adds nine new cases to next term's docket, including. Here's the full order list: supremecourt.gov/orders/courtor….

And here’s a thread on each of the cases the court agreed to hear:
In Carson v. Makin, the court will revisit the interaction of state tuition-assistance programs and religious education. The case involves a Maine program that bars students from using public tuition aid to attend private religious schools. scotusblog.com/case-files/cas…
In Cummings v. Premier, the court will hear the case of a deaf woman who is seeking damages for emotional distress from a health care provider that refused to provide her with an ASL interpreter. The issue is whether those damages are available under the relevant statutes.
Read 17 tweets

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