| Date | Post Title |
|---|---|
| 08.09.17 | Symposium: Whitford is nothing new |
Featured Posts
Email Digest Sign-Up
Merits Case Pages and Archives
or
Term Snapshot
This Week at the Court
This week the Supreme Court released opinions in 13 argued cases from October Term 2017.On Monday the justices announced decisions in Rosales-Mireles v. United States, Chavez-Meza v. United States, Lozman v. Riviera Beach, Gill v. Whitford and Benisek v. Lamone.
On Thursday the justices announced decisions in Lucia v. Securities and Exchange Commission, South Dakota v. Wayfair Inc., Pereira v. Sessions and Wisconsin Central Ltd. v. United States.
On Friday the justices announced decisions in Carpenter v. United States, Currier v. Virginia, Ortiz v. United States and WesternGeco LLC v. ION Geophysical Corp.
On Monday the Supreme Court also released orders from the June 14 conference. The justices granted certiorari in five cases: Sturgeon v. Frost, Garza v. Idaho, Lorenzo v. SEC, Timbs v. Indiana and Apple v. Pepper.
On Thursday the justices also met for their June 21 conference; our list of “petitions to watch” for that conference is available in this post.
Major Cases
- Trump v. Hawaii
(1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution. - South Dakota v. Wayfair, Inc.
Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled. - Janus v. American Federation of State, County, and Municipal Employees, Council 31
Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment. - Gill v. Whitford
- Carpenter v. United States
The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records. - Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
- Trump v. Hawaii
Recent Decisions
- Carpenter v. United States The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Currier v. Virginia Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.
- Ortiz v. United States Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.
- WesternGeco LLC v. ION Geophysical Corp. The focus of the Patent Act’s general damages provision, 35 U. S. C. §284, in a case involving infringement under Section 271(f)(2) is on the act of exporting components from the United States; therefore, WesternGeco’s award for lost profits was a permissible domestic application of Section 284, not an impermissible extraterritorial one.
- Lucia v. Securities and Exchange Commission Securities and Exchange Commission administrative law judges are “officers of the United States,” subject to the Constitution’s appointments clause.
- Pereira v. Sessions A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.
- South Dakota v. Wayfair, Inc. Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Wisconsin Central Ltd. v. United States Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act of 1937.
Current Relists
- Arlene's Flowers Inc. v. Washington (1) Whether the creation and sale of custom floral arrangements to celebrate a wedding ceremony is artistic expression, and, if so, whether compelling their creation violates the free speech clause; and (2) whether the compelled creation and sale of custom floral arrangements to celebrate a wedding and attendance of that wedding against one's religious beliefs violates the free exercise clause.
- Bearcomesout v. United States Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. S. Constitution.
- Biestek v. Berryhill Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s request to provide the underlying data on which that testimony is premised.
Conference of June 21, 2018
Recent Special Features
- Symposium on October Term 2017’s separation-of-powers and administrative-law decisions
- Symposium on the court’s rulings in Gill v. Whitford and Benisek v. Lamone
- Symposium on the court’s ruling in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
- Symposium on the court’s ruling in Epic Systems Corp. v. Lewis
- Symposium before the oral argument in United States v. Microsoft
- Symposium before the oral argument in Minnesota Voters Alliance v. Mansky
- Symposium before the oral argument in Janus v. AFSCME
- Symposium before the oral argument in NIFLA v. Becerra
- Summer symposium on Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
- Summer symposium on Christie v. NCAA
- Summer symposium on Gill v. Whitford
- Summer symposium on Carpenter v. United States
- Summer symposium on Jesner v. Arab Bank, PLC
- Summer symposium on Trump v. International Refugee Assistance Project and Trump v. Hawaii
Statistical Snapshot
see all »Cases argued 63 Cases decided 57 Summary reversals 8 Merits cases granted to date 63 Live Blog Archives
- Orders and opinions | June 25, 2018
- Opinions | June 22, 2018 (with First Mondays)
- Opinions | June 21, 2018 (with First Mondays)
- Orders and opinions | June 18, 2018 (with First Mondays)
- Opinions | June 14, 2018
- Orders and opinions | June 11, 2018
- Orders and opinions | June 4, 2018
- Orders and opinions | May 29, 2018
- Orders and opinions | May 21, 2018
- Orders and opinions | May 14, 2018
- Opinions | April 24, 2018
- Opinions | April 17, 2018
- Orders and opinions | April 2, 2018
- Opinions | March 27, 2018
- Opinions | March 21, 2018
- Opinions | March 20, 2018
- Orders and opinions | March 5, 2018
- Opinions | February 27, 2018
- Opinions | February 21, 2018
- Orders and opinions | January 22, 2018
- Opinions | November 8, 2017
Twitter Feed
-
Calendar: June 2018
June 2018
Su Mo Tu We Th Fr Sa 1235689101213151617192023242627282930- Orders/Opinions
- Arguments
- Conferences
- Events
- Holidays
- Multiple
Submit Event
Download our App in the Apple Store
First Mondays see all
Videos see all
On May 12, Justice Clarence Thomas gave the commencement address at Christendom College in Front Royal, Virginia.
Awards
Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.
