BREAKING: The Supreme Court throws out the 5th Circuit’s decision to dismiss the appeal of a group of Venezuelan nations the gov't designated as terrorists & detained for deportation under the AEA. The justices grant the group an injunction while the case is sent back to the lower court for proceedings.
The gov't is barred from removing the group under the Alien Enemies Act pending a new decision from the 5th Circuit.
"The Government may remove the named plaintiffs or putative class members under other lawful authorities," the Supreme Court concludes.
The court is hearing arguments right now in 3 consolidated emergency applications on orders blocking Trump’s effort to end birthright citizenship. And we're live blogging the whole argument over on the SCOTUSblog homepage. Tune in for the whole thing, but here are some key pts:
"You're hearing the "liberal" justices more sympathetic to the injunctions," @whignewtons notes. "But this doesn't cut easily along partisan lines. Biden had a lot of universal injunctions issued against him too."
Justice Gorsuch asking about the time class actions take vs. the relative immediacy of universal injunctions
TODAY AT SCOTUS: It's a day of fraud at the Supreme Court.
The justices will hear two oral arguments -- both involving alleged fraud in two very different contexts.
First: U.S. ex rel. Polansky v. Executive Health Resources. If a whistleblower sues on the government's behalf under the False Claims Act, how much authority does the government have to dismiss the lawsuit later on? @JakeElberg explains why that matters: scotusblog.com/2022/12/whistl…
Second: Bartenwerfer v. Buckley, a bankruptcy case with an intriguing fact pattern. If a plaintiff wins a judgment against a married couple based on the fraud of one spouse, can the other spouse discharge the debt in bankruptcy? Ronald Mann has more: scotusblog.com/2022/12/a-bung…
TODAY AT SCOTUS: At 9:30 a.m. EST, the court will issue orders on pending petitions. Starting at 10, the justices will hear two oral arguments. One's on a clash between anti-discrimination laws and free speech for businesses. The other's on a technical question of bankruptcy law.
First: The case of a Colorado web designer who opposes gay marriage and doesn't want to design wedding websites for same-sex couples. But a state law says businesses can't discriminate against LGBTQ people. Does the law violate the designer's free speech? scotusblog.com/2022/12/colora…
Next: If First Amendment blockbusters aren't your speed, how about a technical spat over appellate jurisdiction to review certain types of bankruptcy orders? The case stems from the transfer of a lease for a Sears department store in the Mall of America. scotusblog.com/2022/12/justic…
Today at SCOTUS: The justices return to the bench for oral arguments in a pair of public-corruption cases, both stemming from scandals in New York politics that arose during Andrew Cuomo's time as governor. In both cases, the defendants are claiming prosecutorial overreach.
First, in Percoco v. United States, a former Cuomo aide was convicted of taking a bribe to facilitate state approval for a real estate project, even though the aide had no official role in government at the time. Does that stretch the federal bribery law? scotusblog.com/2022/11/former…
Second, in Ciminelli v. United States, Louis Ciminelli was convicted of rigging a $750 million contract for a revitalization project in Buffalo, New York. But the case didn't involve bribes or kickbacks. Is the government's theory of fraud too aggressive? scotusblog.com/2022/11/a-shar…
Today at SCOTUS: Two oral arguments about where and how people can bring a lawsuit. In one case, a worker is trying to sue his company because he was exposed to asbestos. In the second, a woman wants to sue a nursing home over its treatment of her deceased husband.
First is Mallory v. Norfolk Southern Railway, a case about the power of state courts to hear lawsuits against companies that operate there. It pits originalist arguments against pro-business interests -- so it could scramble the court's typical alignment. scotusblog.com/2022/11/origin…
Next is Health & Hospital Corp. v. Talevski. If a public nursing home violates a federal law that Congress passed under its spending powers, can a private individual then use a civil-rights law to sue the nursing home for violating the individual's rights? scotusblog.com/2022/11/in-fam…