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CASE PREVIEW

Do state limits on malpractice actions apply in federal court?

By Ronald Mann on October 1, 2025

Berk v. Choy, to be argued on Oct. 6, surely will be the Supreme Court case of the year for medical professionals. At issue in the case is the extent to which a set of common state statutes designed to stem medical malpractice litigation apply in federal court. If they don’t apply in federal court, victims who have a way to get into federal court will have a much easier time pursuing litigation against doctors than those who cannot.

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SCOTUS FOCUS

The state of the death penalty

By Kelsey Dallas on September 30, 2025

As the justices make their final preparations this week for the start of the 2025-26 term, they’ll also address the latest request for a stay of execution.  

Victor Tony Jones was sentenced to death in 1993 after being convicted of killing Matilda and Jacob Nestor in December 1990, and he is scheduled to be executed on Tuesday at 6 p.m. EDT. He has asked the court to block his execution to give the justices time to take up his case and hear oral arguments.

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EMERGENCY DOCKET

Venezuelans ask Supreme Court not to allow Trump administration to end their protected status

By Amy Howe on September 29, 2025

Lawyers representing Venezuelan citizens living in the United States under a program that provides them with a safe harbor here urged the Supreme Court on Monday afternoon to leave in place an order by a federal judge in San Francisco that temporarily bars the Trump administration from ending their protected status under that program. In a 40-page filing, UCLA law professor Ahilan Arulanantham wrote that the order by U.S. District Judge Edward Chen “has provided respite” from the harm caused by an earlier order by the Supreme Court “by restoring the status quo. Disturbing it now will cause massive injuries to” the challengers “and their loved ones, including many American children.”

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COURT NEWS

Trump urges Supreme Court to decide whether to end birthright citizenship

By Amy Howe on September 26, 2025

The Trump administration on Friday asked the Supreme Court to weigh in on the legality of President Donald Trump’s executive order seeking to end the guarantee of citizenship to virtually everyone born in the United States. In a pair of nearly identical filings, U.S. Solicitor General D. John Sauer urged the justices to review a ruling by a federal appeals court holding that the order violates the Constitution, as well as a similar decision by a federal judge in New Hampshire. Sauer told the court that “the mistaken view that birth on U.S. territory confers citizenship on anyone subject to the regulatory reach of U.S. law became pervasive, with destructive consequences.”

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