Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect orders from the March 6 Conference, followed by one or more opinions in argued cases at 10:00. The live blog will be available at this link at approximately 9:25.

This week’s argument audio

By on Mar 6, 2015 at 2:03 pm

Oyez has posted audio and transcripts from this week’s arguments.

The Court heard arguments this week in:

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SCOTUS Map Feb and Mar 2015

February may be the shortest month of the year but the Supreme Court Justices made the most of it, tallying up thirteen appearances before reconvening in Washington, D.C., toward the end of the month for oral arguments. I covered most of February’s events in the last installment of this feature, but here are some highlights from the four February events that have taken place since the last update:

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Friday round-up

By on Mar 6, 2015 at 10:18 am

Wednesday’s oral arguments in King v. Burwell, the challenge to the availability of tax subsidies for individuals who purchase their health insurance on a marketplace created by the federal government, continue to dominate coverage of and commentary on the Court.  In The Wall Street Journal, Louise Radnofsky and Jess Bravin report that “Justice Samuel Alito ’s suggestion that the Supreme Court could delay for months the impact of a decision to gut the health law revives the possibility that at least a dozen states could take action to limit the effect of such a ruling.”  At FiveThirtyEight, Oliver Roeder writes that “Solicitor General Donald Verrilli won Wednesday’s oral arguments in King v. Burwell, the latest challenge to the Affordable Care Act. Or at least that’s what the wisdom of the crowd is telling us.” Continue reading »

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Petition of the day

By on Mar 5, 2015 at 10:24 pm

The petition of the day is:

14-770

Issue: Whether 28 U.S.C. § 8772 – a statute that effectively directs a particular result in a single pending case – violates the separation of powers.

Relist Watch

By on Mar 5, 2015 at 5:56 pm

John Elwood reviews Monday’s relisted cases.

The words “Snow Day!” bring a curl to the lips of all but the gloomiest sourpuss. But this snow day also poses grave hazards. Outside, incessant snow creates slick conditions that threaten drivers and pedestrians with catastrophic injury. Inside, incessant King v. Burwell spin pieces clog readers’ Twitter feed, keeping them from the photos of cute cats, rulers stuck in snow, and bacon donuts that they need to survive. (Not to be outdone, we offer our own highly analytical prediction about the likely votes of the Chief Justice and Anthony Kennedy.) So daunting is this influx that the average user has only checked Twitter 847 times today. But neither snow nor rain nor . . . you know, all that other stuff — keeps Relist Watch from its appointed rounds.

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Neither side came away with a clear victory in the Court’s decision in Alabama Department of Revenue v. CSX Transportation, Inc., as the Court remanded the case to the Eleventh Circuit. Again. The clear loser in the case is the Eleventh Circuit, which has been given the specific task that the court of appeals had already eschewed as “Sisyphean.” Justice Scalia wrote the majority decision. Justice Thomas wrote the dissent, with Justice Ginsburg signing on. This is the second time that Justices Thomas and Ginsburg dissented on the same issue in the same case. Continue reading »

The audio recording of the Supreme Court’s April 28 hearing on the same-sex marriage cases will be released soon after that hearing is completed, the Court announced on Thursday.  Both the audiotape and the written transcript should be available by no later than 2 p.m., the Court said.

The Court’s usual practice, changed only occasionally, is to release the audiotapes for the entire week at the end of the week.

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The Supreme Court on Thursday released the calendar of oral arguments for the final sitting of the Term, beginning April 20, and listing the four cases on same-sex marriage for hearing on Tuesday, April 28.

The calendar is thin, with only a single argument each day except on April 29, when there are two arguments.

The day-by-day schedule, with a brief summary of the question in each case, follows the jump.

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At its Conference on March 6, 2015, the Court will consider petitions seeking review of issues such as a foreign official’s common-law immunity for acts performed on behalf of a foreign state, judicial review of a jurisdictional determination under the Clean Water Act, and a court’s denial of a criminal defendant’s constitutional right to testify.

This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.  Our policy is to include and disclose all cases in which Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, represents either a party or an amicus in the case, with the exception of the rare cases in which Goldstein & Russell represents the respondent(s) but does not appear on the briefs in the case.

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Thursday round-up

By on Mar 5, 2015 at 8:28 am

Yesterday the Court heard oral arguments in King v. Burwell, the challenge to the availability of tax subsidies for individuals who purchase their health insurance on a marketplace created by the federal government.  Andrew Hamm rounded up early coverage and commentary for this blog.  Other coverage comes from Nina Totenberg at NPR, Marcia Coyle at both The National Law Journal (subscription required) and PBS NewsHour (video), Greg Stohr of Bloomberg News, who looks at the role of Justice Anthony Kennedy and at a proposal floated by Justice Samuel Alito, and Connie Cass of the Associated Press (via the Montana Standard). At ISCOTUSnow, Edward Lee predicts the winner in yesterday’s oral arguments based on the number of questions for each side, while Oliver Roeder makes predictions at FiveThirtyEight.com.  Before the oral argument, Sahil Kapur looked at the potentially pivotal role of Chief Justice John Roberts at Talking Points Memo. Continue reading »

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