Solicitor General Prelogar will argue both cases for the Biden administration. Nebraska SG James Campbell will argued for GOP-led states challenging the policy. And Consovoy McCarthy partner J. Michael Connolly will make his #SCOTUS debut. news.bloomberglaw.com/us-law-week/co…
But first, the Justices will issue opinion(s) at 10. Some #SCOTUSstats…
#SCOTUS has decided 5 cases, with 55 remaining. The Justices have affirmed 3, vacated 1, and DIG’d another.
So far ACB has taken Justice Ginsburg’s place as the fastest Justice, averaging 95 days from argument to decision (though both of hers have been unanimous). Sotomayor is at 113. Kagan 133. No other Justices have opinions so far this term.
So far there have been 2 unanimous rulings, and one each of 6-3 and 5-4, with conservatives joining their more liberal colleagues in the majority. Though I *suspect*that will change as we get to the more controversial cases.
We’ve got loads of cases still outstanding from the consequential October sitting, including environmental case Sackett v. EPA, voting rights case Merrill v. Milligan, and the foundational copyright case Andy Warhol. I’d be a bit surprised to see any of those today.
1st #SCOTUS opinion in Delaware’s fight with 30 other states over potentially hundreds of millions of unclaimed Moneyrams. No 22O145 Delaware v. Pennsylvania. Background: news.bloomberglaw.com/daily-tax-repo…
It's Justice Jackson's first #SCOTUS opinion for a (sort of) unanimous Court in No. 22O145 Delaware v. Pennsylvania.
The court-appointed Special Master initially ruled against Delaware. But in an unusual move he changed positions following #SCOTUS arguments. news.bloomberglaw.com/daily-tax-repo…
#SCOTUS sides with Pennsylvania, saying the disputed money grams fall within FDA (not common law) for purposes of escheatment.
Justice Gorsuch has the opinion in No 21-1195 Bittner v. US for a 5-4 #SCOTUS. CA5 is reversed. Breakdown is Gorsuch, Jackson, Roberts, Alito, Kavanaugh v. Barrett, Thomas, Sotomayor, Kagan.
Siding with individual in Bittner, #SCOTUS says Bank Secrecy Act's $10K penalty is per report, not per account.
Conservative US Supreme Court justices questioned the legality of President Joe Biden’s plan to slash the student debt of more than 40 million people, as arguments began in a high-stakes showdown over presidential power. news.bloomberglaw.com/us-law-week/su…
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NEW: #SCOTUS asks for additional briefing on whether the newly constituted NC Supreme Court’s decision to reconsider its ruling on partisan gerrymandering deprives the Justices of jurisdiction to decide the independent state legislate theory case, Moore v Harper.
The Justices heard oral arguments in the case in December 2020. NC GOP leaders are argue only state legislatures can determine state elections laws and are challenging a state supreme court ruling saying the latest congressional election maps violate the state's Constitution.
The US Supreme Court has added another free-speech case to its docket, this one dealing with “true threats,” which are unprotected by the First Amendment. news.bloomberglaw.com/us-law-week/ju…
The US Supreme Court will review a Christian letter carrier’s lawsuit alleging the US Postal Service failed to accommodate his religious objection to delivering packages for Amazon.com Inc. on Sundays. news.bloomberglaw.com/us-law-week/ju…
Justice Thomas temporarily halts Sen. Graham’s grand jury questioning in Georgia 2020 election investigation. Would expect full #SCOTUS to weigh in soon. Background: news.bloomberglaw.com/us-law-week/gr…
Important to note this is an administrative stay meant to keep the status quo while briefing rolls in. Georgia prosecutors set to file their response on Thursday.
Notably, Justice Soromayor recently issued a similar stay in the litigation over an LGBTQ student group at Yeshiva University that was eventually reversed by full court. news.bloomberglaw.com/us-law-week/us…
NEW: #SCOTUS refuses to hear Trump appeal over Mar-a-Lago documents. No noted dissents.
Trump had asked #SCOTUS to let a court-appointed "special master" review approximately 100 documents with classified markings that were seized during the Aug. search. news.bloomberglaw.com/us-law-week/tr…
#SCOTUS unanimously sided with the Justice Department, which urged the Justices not to disturb a lower court ruling that carved out certain documents from the special master's review. news.bloomberglaw.com/us-law-week/do…
Yaira Dubin, who recently joined the Justice Department, will make her Supreme Court debut Wednesday—one of just four women arguing during the court’s October sitting. news.bloomberglaw.com/us-law-week/so…
First up is a copyright case involving Prince, Andy Warhol, and Fair Use.
We also previewed the Andy Warhol case on our Cases and Controversies podcast with Orrick partner Mel Bostwick. news.bloomberglaw.com/us-law-week/an…