We will be live blogging this morning as orders and opinions are issued. We will begin live blogging at 9:25. Please click this link to be taken to the live blog page.
- Michael Kirkland of UPI discusses last week’s order granting Senator Mitch McConnell’s motion to share in the argument time in NLRB v. Noel Canning, the challenge to the president’s recess appointments to the NLRB. He observes that, as a result of the order, “in the next couple of months the Supreme Court is caught in a vortex of the struggle for power between Democrats and Republicans.” Continue reading »
A federal judge in Salt Lake City, in a historic ruling denouncing deeply rooted hostility to a man having more than one wife as a religious duty, struck down on Friday a part of Utah’s 1973 anti-bigamy law. U.S. District Judge Clark Waddoups did not find a right for a man to marry more than one wife, but did find a constitutional right to “cohabit” with more than one woman as a religious practice. The ninety-one-page ruling is here.
The ruling came in reaction to a challenge to the Utah law by Kody Brown, whose reality television show “Sister Wives” has brought new awareness of plural unions. Brown did not seek a legal right to marry more than one woman, but only the right to continue living with his several “wives” in an intimate relationship in the same household. The new ruling recognized such a right.
The Justices’ next Conference is scheduled for January 10, 2014. Our list of “Petitions to watch” for that Conference will be available soon.
The petition of the day is:
Issue: (1) Whether a conclusion about the meaning of scientific data, one on which scientists may reasonably disagree, satisfies the element of a “false or fraudulent” statement under the wire fraud statute, 18 U.S.C. § 1343; and (2) whether applying 18 U.S.C. § 1343 to scientific conclusions drawn from accurate data violates the First Amendment’s proscription against viewpoint discrimination, or renders the statute, as applied, unconstitutionally vague.
The Oyez Project has posted this week’s argument audio. The Court heard arguments this week in:
UPDATED 3:44 p.m. This post has been expanded to provide details of the bank fraud case.
The Supreme Court agreed on Friday to clarify when the managers of an employee stock ownership plan have a legal duty to stop investing in the company’s own stock when they know it has become risky. This was one of two cases granted; both are likely to be heard in March. The other new case will deal with the kind of proof prosecutors must offer to get a conviction for bank fraud under federal law.