Issue: (1) Whether the court failed to cure the violation of the Appointments Clause because, despite the judicial revision of 17 U.S.C. § 802(i) to permit the Librarian of Congress to fire Copyright Royalty Judges without cause, Copyright Royalty Judges are principal officers because they retain the power to render a final decision on behalf of the United States; and (2) whether, even if the court’s remedy demoted the judges, it failed to cure the constitutional violation because the Librarian of Congress is not the Head of an Executive Branch Department and thus may not appoint officers of the United States; and (3) whether, even if the remedy chosen by the court cured the constitutional defect, the court nevertheless should have let Congress select the appropriate remedy.
We expect additional orders from the November 24 Conference on Monday at 9:30 a.m. and opinions in argued cases on Tuesday at 10 a.m. The Court will also hear oral arguments on Monday, Tuesday, and Wednesday, beginning at 10 a.m. each day. The hearing list for the December sitting is here. On Friday the Justices will meet for their December 6 Conference; our list of “petitions to watch” for that Conference will be available soon.
Zubik v. Burwell Does the availability of a regulatory method for nonprofit religious employers to comply with the HHS contraceptive mandate eliminate the substantial burden on religious exercise in violation of RFRA that the Court recognized in Burwell v. Hobby Lobby Stores, Inc.?
Whole Woman’s Health v. Cole Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
Evenwel v. Abbott Does the "one-person, one-vote" principle require states to use voter population, as opposed to total population, when drawing state legislative districts?
Hines v. Alldredge Whether restrictions on occupational speech are subject to First Amendment scrutiny, or only rational-basis review.
Paske v. Fitzgerald (1) Whether the rule in USPS Bd. of Governors v. Aikens applies to the evaluation of a discrimination claim at summary judgment; and (2) whether a plaintiff claiming discrimination is required to prove, as an element of a prima facie case, that he or she was treated less favorably than a “nearly identical” “similarly situated” individual who is not a member of the protected class, a Fifth Circuit requirement which courts have characterized as “stringent,” “strict,” and “demanding.”
Puerto Rico v. Franklin California Tax-Free Trust Whether Chapter 9 of the federal Bankruptcy Code, which does not apply to Puerto Rico, nonetheless preempts a Puerto Rico statute creating a mechanism for the Commonwealth's public utilities to restructure their debts.
Chief Justice John Roberts says, “‘History didn’t end in 1965.’ But, what he misses is that voter suppression didn’t end in 1965, either . . . . This particular part of the Voting Rights Act that he didn’t like, Section 5, it blocked 3000 discriminatory voting changes from 1965 to 2013.” In this excerpt from the four-part GOVERNINGWorks interview, Ari Berman […]
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.
Awarded the Webby Award for excellence on the internet.