Event announcements

By on Sep 21, 2016 at 10:33 am

On September 27 at 2 p.m., the Washington Legal Foundation will host a preview of the Supreme Court’s next term. Speakers will include Jay Stephens, Neal Katyal, and Daryl Joseffer. More information about this event, which will be at the WLF office and available via livestream, is available on the WLF website.

Also, on September 28 at 4 p.m., the Division for Public Education of the American Bar Association, with the Woodrow Wilson International Center for Scholars and American University Washington College of Law, will host its own term preview. Speakers will include Richard Wolf, Pratik Shah, and Stephen Wermiel; John Milewski will serve as moderator. More information about this event, which will be held at the Ronald Reagan Building in Washington, D.C., is available on the ABA website.

 
Share:

Wednesday round-up

By on Sep 21, 2016 at 7:48 am

Briefly:

  • In her eponymous blog, Amy Howe reports that the Virginia transgender student who identifies as a boy and wants to use the boys’ bathroom at his high school filed a brief last week opposing the school board’s cert. petition in the case, Gloucester County School Board v. G.G.; she notes that the brief was filed well in advance of the deadline and that the “early filing means that the Justices will consider the case at their private conference on October 14.”
  • At Reuters, Lawrence Hurley reports that the “[s]horthanded and ideologically divided” Court “has yet to take up any cases on politically sensitive social issues in its new term starting in October, instead showing a keen interest in more technical cases of importance to business such as disputes over intellectual property.”
  • Coverage of the recent reenactment in Philadelphia of a 1794 Supreme Court case, Georgia v. Brailsford, over which three Supreme Court Justices presided, comes from Jess Bravin of The Wall Street Journal, who reports that the case featured “issues still debated today: the relationship between the state and federal governments, the significance of international law, and the powers of the jury.”

Continue reading »

Posted in Round-up
 
Share:

Petition of the day

By on Sep 20, 2016 at 11:23 pm

The petition of the day is:

16-235

Issue: Whether, for purposes of the collateral estoppel component of the double jeopardy clause, the ordinary requirement for collateral estoppel that the prior determination was necessary to the ultimate outcome—which is intended to ensure that a determination received careful attention, and to deny preclusive effect where the outcome deprived a party of the opportunity for appellate review it otherwise would have had—applies to a jury’s special findings in a capital case that the prosecution failed to prove certain alleged aggravating factors.

 
Share:

Event announcement

By on Sep 20, 2016 at 2:08 pm

On September 26 at 3:30 p.m. (PST), UC Hastings College of the Law will host a Supreme Court review and preview. Speakers will include Judge Carlos Bea, Judge Beth Labson Freeman, Radhika Rao, and Rory Little. More information about this event, which will be held at the Louis Mayer Auditorium in San Francisco, is available here.

 
Share:

Do the Supreme Court’s constitutional cases turn on questions of law or fact? In Supreme Facts: The Prevalence and Justification of Social Facts in Landmark Decisions of the Supreme Court, political scientists Morgan Marietta and Tyler Farley examine that question. Marietta and Farley studied a hundred of the most important Supreme Court constitutional cases and discovered that 59 of the decisions turn in part on the Court’s view of “social facts.” The authors define “social facts” (also known as “legislative facts”) as generalized propositions about how the world works that are not specific to a particular case, such as whether sexual orientation is innate, or racial minorities continue to face obstacles to voting in southern states, or abortions are psychologically harmful to the women who get them. Their research suggests that such factual questions influence the Court as much as or more than the text of the Constitution and theories of constitutional interpretation, and yet the Court’s method of deciding these questions has received far less scrutiny.

Continue reading »

 
Share:

Tuesday round-up

By on Sep 20, 2016 at 7:55 am

Yesterday, Chief Justice John Roberts, Justice Stephen Breyer, and Justice Samuel Alito, along with several jurists from the United Kingdom visiting the United States as part of a legal exchange program, participated in a reenactment of a 1794 Supreme Court case, Georgia v. Brailsford, in the same Philadelphia courtroom in which the early Court once met. Coverage of the event comes from this blog’s Mark Walsh. Additional coverage comes from Tony Mauro at Law.com (subscription or registration required), who describes the case as a “quirky dispute that has been billed as the only reported Supreme Court case in which the court itself held a jury trial,” and from Richard Wolf in USA Today, who observes that the three Justices presiding over a case that was originally heard by four members of the 1794 Court “added a modern touch” to the proceedings: “They were a justice short.”

Continue reading »

Posted in Round-up
 
Share:

PHILADELPHIA, September 19, 1794 — Your correspondent has traveled from the budding City of Washington in the Territory of Columbia to our nation’s capital here to cover a rare jury trial in the Supreme Court of the United States.

I ride the express, eight-horse-drawn carriage rather than the slower, four-horsepower “regional” carriage, which stops in all the smaller towns along the route. Although the faster carriage costs a few more shillings, I will justify it on my expense account by noting that the faster one gets me into Philadelphia in time to have the buckles on my shoes shined and my wig re-powdered.

I also buy a newspaper, Dunlap & Claypoole’s American Daily Advertiser, which has news about the Court convening, the French Revolution, ships preparing to set sail, and something that seems to hark from a different era, that “the Phillies are out of the pennant race.”

After an initial, unremarkable term in New York City, the Supreme Court has convened since 1791 at the City Hall of Philadelphia (which I predict will one day be called Old City Hall), next door to historic Independence Hall.

The case for argument today is Georgia v. Brailsford, a knotty dispute over an unpaid debt incurred before the Revolutionary War that implicates states’ rights, international treaties, fair credit, and the reputation of the still-new Supreme Court.

“In 1794, this case was a very big deal,” says Chief Justice John Roberts.

To switch to a present-day perspective, Chief Justice Roberts, along with Justices Stephen Breyer and Samuel Alito, are here to preside over the reenactment of the case, which in 1794 was argued simultaneously both to the Court and a special jury. This reenactment is occurring in the very courtroom the Supreme Court used in Old City Hall from 1791 to 1800.

Continue reading »

 
Share:

Petition of the day

By on Sep 19, 2016 at 11:23 pm

The petition of the day is:

16-217

Issue: Whether the Ninth Circuit erred in concluding that the affirmation of good faith belief that a given use of material use is not authorized “by the copyright owner, its agent, or the law,” required under Section 512(c) of the Digital Millennium Copyright Act (“DMCA”), may be purely subjective and, therefore, that an unreasonable belief—such as a belief formed without consideration of the statutory fair use factors—will not subject the sender of a takedown notice to liability under Section 512(f) of the DMCA.

In June the Court struck down two provisions in a Texas law regulating abortions in that state. One required physicians who perform abortions to have admitting privileges at hospitals less than thirty miles from the abortion clinic, while the other required clinics to have facilities comparable to ambulatory surgical centers.

More than two dozen states have requirements that are at least somewhat similar; some of those requirements either are or recently were also the subject of legal challenges. Most notably, just one day after its ruling in the Texas case, the Court rejected requests by officials in Wisconsin and Mississippi to review lower-court decisions blocking the enforcement of admitting privileges requirements in those states.

Using resources provided by the Center for Reproductive Rights and the Guttmacher Institute, we identified four basic categories of state requirements regarding admitting privileges.

stateswithadmittingprivilegesrequirement

(Click chart to enlarge)

Continue reading »

Event announcement

By on Sep 19, 2016 at 10:55 am

On October 13 at 12 p.m., the State & Local Legal Center will host a webinar on cases for the next Term that involve state and local government. Speakers will include Misha Tseytlin, Deepak Gupta, and this blog’s Amy Howe. More information is available on the center’s website.

 
Share:
More Posts: More Recent PostsOlder Posts
Term Snapshot
Awards