On Tuesday, December 10, and on Wednesday, December 11, we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging both days beginning at 9:45. The link for tomorrow's live blog is here.
The Court did not grant any new cases, nor did it call for the views of the Solicitor General. The Court also expanded the oral argument in NLRB v. Noel Canning to ninety minutes and granted Senator Mitch McConnell's motion to participate in that oral argument.
City of New York v. Southerland
Petition for certiorari denied on January 22, 2013
Issue: (1) Whether, assuming arguendo that a plaintiff can state a cognizable constitutional claim under either the Fourth or Fourteenth Amendment with respect to a child’s removal, the qualified immunity question as to a caseworker who removed a child in an investigation mandated by New York Social Services Law § 424 should be whether a reasonable jury could conclude that the child was not at imminent risk of harm or whether a reasonable caseworker in that particular caseworker’s position could have concluded that the child was; (2) whether, assuming arguendo that a plaintiff can state a cognizable constitutional claim under either the Fourth or Fourteenth Amendment with respect to a child’s removal, a caseworker is entitled to qualified immunity from suit where five judges of the United States Court of Appeals for the Second Circuit agree that there was an absence of clearly established statutory or constitutional rules of which the caseworker should have been aware when he secured a warrant to search a home and removed children at the direction of his superior; and (3) whether, after removing children from a home under the belief that they were abused, and, thereafter, a state court adjudicates a parent to have been so abusive of his children as to deny him further custody, the parent and the children can sue the caseworker who rescued children from further abuse on either substantive or procedural due process grounds.
At 9:30 a.m. on Monday, we expect additional orders from the Court's December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday at 10:00 a.m., we expect one or more opinions in argued cases. We will begin live blogging at 9:45. This is the second week of the December sitting; the hearing list for this sitting is here.
In this eight-part interview, Judge J. Harvie Wilkinson, III, of the U.S. Court of Appeals for the Fourth Circuit discusses his background, including: a race for Congress; clerking for Justice Lewis F. Powell, Jr., and the value of humility; the confirmation process and the life and work of a federal appeals court judge; understanding the Court, interviewing [...]
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.
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.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.