Today at SCOTUS: The final two arguments of 2021, and they're both biggies. One case involves a state's refusal to provide funds to religious schools. The other involves the right to an effective lawyer -- and what happens post-conviction if that right was potentially violated.
First up: Carson v. Makin, a challenge to a Maine program that pays for some students to attend private schools but does not allow the money to be used at schools that provide religious instruction. The challengers say that violates religious freedom. scotusblog.com/2021/12/separa…
Next up: Shinn v. Ramirez & Jones, which involves two men on Arizona's death row who claim their court-appointed lawyers put up ineffective defenses. The question is whether they can develop those claims when challenging their convictions in federal court. scotusblog.com/2021/12/court-…
Today at SCOTUS: At 9:30 a.m. EST, the court will release orders from Friday's private conference. Then, starting at 10 a.m., the court will hear arguments in two cases -- one involving immigration and the other involving the management of employee retirement plans.
First up is Patel v. Garland, involving a man who has lived in the U.S. for nearly 30 years and is facing deportation. The question is whether federal courts can review the immigration agency's decision to deny him relief. Here's @shobawadhia's preview: scotusblog.com/2021/12/justic…
Next up will be Hughes v. Northwestern University, an important case on the Employee Retirement Income Security Act. The lawsuit alleges that the university violated ERISA by including too many high-fee investment options in its employee retirement plans. scotusblog.com/2021/12/justic…
Starting momentarily: Oral argument in Dobbs v. Jackson Women’s Health Organization, a case involving Mississippi’s attempt to ban nearly all abortions after 15 weeks. The state has asked the court to overturn Roe v. Wade. We’ll be live-tweeting the argument here in this thread.
The court's marshal has gaveled in today's session, and the chief justice has called the case.
Arguing first: Scott Stewart, the solicitor general of Mississippi.
Stewart begins by saying that Roe (which established a constitutional right to abortion in 1973) and Casey (which re-affirmed Roe's core holding in 1992) "damaged the democratic process" and "poisoned the law."
In advance of tomorrow's argument in Dobbs v. Jackson Women's Health Organization, we asked experts and advocates on both sides of the abortion debate to weigh in on how the court should approach the case. You can read our full symposium here: scotusblog.com/category/speci…
First, @marjoriesba argues that the court's abortion precedents are "hopelessly unworkable" and based on misunderstandings about women's progress. SCOTUS, she argues, should scrap those precedents and allow the democratic branches to set abortion policy. scotusblog.com/2021/11/modern…
Arguing that abortion is "a fundamental aspect of liberty and equality," @FGossGraves highlights the systemic disparities that affect the ability to decide whether and when to have children. She urges SCOTUS to affirm five decades of abortion precedent. scotusblog.com/2021/11/our-eq…
Today at SCOTUS: Two oral arguments starting at 10 a.m. EST. One is on federal anti-discrimination laws. The other is on Medicare payments for drugs dispensed by hospitals -- with big questions about the doctrine of Chevron deference lurking in the background.
First up, in Cummings v. Premier Rehab Keller, the court will consider whether disabled people who are subject to discrimination can sue to recover damages for emotional distress under key federal statutes. @RachelBayefsky previews the case: scotusblog.com/2021/11/court-…
Next is American Hospital Association v. Becerra, the second case this week involving Medicare payment rules. Sound dry? It's not. As @nicholas_bagley explains, it not only affects the price we all pay for drugs; it also could curtail the Chevron doctrine. scotusblog.com/2021/11/chevro…
Happening now: Oral argument in N.Y. State Rifle & Pistol v. Bruen, a major Second Amendment case about the right to carry guns in public. We'll be live-tweeting the argument here in this thread. You can also listen in live here: supremecourt.gov/oral_arguments… scotusblog.com/case-files/cas…
The court has gaveled into session. John Roberts notes that Neil Gorsuch, who has a stomach bug, is participating in arguments remotely for the second day in a row.
Arguing first: Paul Clement, who represents two individuals who applied for licenses to carry concealed handguns in New York but were rejected because they did not show "proper cause" or a "special need" for self-defense.
Today at SCOTUS: No abortion (that was yesterday), no guns (that's tomorrow), but two more oral arguments -- one on free speech and the other on arbitration and federal jurisdiction.
First up will be Houston Community College System v. Wilson. It's a case brought by a member of a community college board who claims the college violated his First Amendment rights by censuring him for critical speech. Here's @AHoweBlogger's preview: scotusblog.com/2021/11/a-comm…
Next will be Badgerow v. Walters, a case that began as an employment-discrimination lawsuit and now raises thorny questions about federal courts' jurisdiction to confirm or vacate arbitration awards. scotusblog.com/2021/11/justic…