The U.S. Supreme Court stepped into the dispute between a Virginia school board and a transgender student who identifies as a boy.  In June, a federal district court in Virginia ordered the Gloucester County School Board to allow “G.G.” to use the boys’ bathroom at Gloucester High School until the case can be fully litigated.  A federal appeals court turned down the school board’s request to halt the district court’s order, so the school board went to the Supreme Court, where it found more success:  today the Court blocked the district court’s order while the school board seeks Supreme Court review of the dispute.  Today’s action means that “G.G.” will not be able to use the boys’ bathroom when school resumes on September 6; it also suggests that four Justices – the number needed to review a case on the merits – could be willing to take the case on, possibly as soon as this fall.  Continue reading »

Wednesday round-up

By on Aug 3, 2016 at 8:21 am

Yesterday, relying on the U.S. Supreme Court’s decision in January invalidating Florida’s death penalty scheme, the Delaware Supreme Court struck down that state’s death penalty law.  Coverage comes from Lyle Denniston at his eponymous blog, Pete Williams and the Associated Press at NBC News, and Erik Eckholm of The New York Times, while Kent Scheidegger has commentary on the ruling for Crime and Consequences. Continue reading »

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Tuesday round-up

By on Aug 2, 2016 at 5:46 am

Briefly:

  • At FiveThirtyEight, Oliver Roeder predicts that “the median justice during Trump’s or Clinton’s presidency could become one of the most extreme in almost a century.”
  • At Philly.com, Samantha Melamed reports that, in Pennsylvania, four “juvenile lifers” were “given new sentences as a consequence of Montgomery v. Louisiana, the U.S. Supreme Court decision this January that made retroactive the court’s ban on automatic life-without-parole sentences for juveniles.”
  • At The American Prospect, Scott Lemieux lists what he characterizes as the “five worst Roberts Court rulings.”

Remember, we rely exclusively on our readers to send us links for our round-up.  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com.

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Petition of the day

By on Aug 1, 2016 at 11:23 pm

The petition of the day is:

16-54

Issue: Whether a conviction under one of the seven state statutes criminalizing consensual sexual intercourse between a twenty-one-year-old and someone almost eighteen constitutes an “aggravated felony” of “sexual abuse of a minor” under 8 U.S.C. § 1101(a)(43)(A) of the Immigration and Nationality Act – and therefore constitutes grounds for mandatory removal.

In early August, the American Bar Association will hold its annual meeting, which will include four different panels related to the Supreme Court. All panels will take place at the Moscone Center unless otherwise indicated; all times are Pacific. Three panels are scheduled for August 5 at 2 p.m.:

  • The Criminal Justice Section will review both the criminal law cases that were at the Court last Term and those that will be there in the upcoming Term. Speakers will include California Supreme Court Justice Leondra Kruger, Dennis Riordan, and Brian Stretch; this blog’s Rory Little will serve as moderator.
  • The Division for Public Education will host a panel on both last Term and the upcoming Term. Speakers will include Nicole Austin-Hillery, Rachel Moran, Neal Katyal, and this blog’s Steve Wermiel; Adam Liptak will serve as moderator.
  • The Section of Litigation will host a panel on the legacy of Justice Antonin Scalia and the influence of his death on the Court. Speakers will include Vikram Amar and Pamela Karlan; John Barkett will serve as moderator. This event will take place at the Palace Hotel.

On August 6 at 2 p.m., the Section of Litigation will host a panel on the 2016 election, Supreme Court nominations, and the current vacancy on the Court. Speakers include Reginald Brown, Pamela Karlan, and Edward Whelan; Carrie Johnson will serve as moderator.

 

 
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Monday round-up

By on Aug 1, 2016 at 5:51 am

Briefly:

  • The Southeastern Legal Foundation discusses the amicus brief that it filed urging the Justices “to reverse the Federal Aviation Administration’s (FAA) backward interpretation of its own rule which allows pilots to post pre-planned flights on old-fashioned bulletin boards but not virtual ones.”
  • Giles Edwards of BBC News interviews Abigail Fisher, who challenged the University of Texas at Austin’s consideration of race in its undergraduate admissions process.
  • At The Hill, Lydia Wheeler reports on what a President Hillary Clinton’s short list for Supreme Court nominations might look like.
  • At Empirical SCOTUS, Adam Feldman reviews the cert. petitions filed in 2016 by some leading appellate law firms.
  • In USA Today, Richard Wolf reports on signs that the Court’s “defense of religious freedom may be on the decline.”

Remember, we rely exclusively on our readers to send us links for our round-up.  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com.

 

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Petition of the day

By on Jul 29, 2016 at 11:23 pm

The petition of the day is:

15-1537

Issue: (1) Whether, when the Federal Arbitration Act (“FAA”) governs an arbitration, the FAA’s judicial review standards apply in state court and preempt application of different state-law judicial-review standards; and (2) whether, when arbitrators have jurisdiction to resolve a contract dispute, the FAA prohibits a court from holding that they “exceeded their powers” based on the court’s conclusion that their contract interpretation is “plainly” and “irrationally” incorrect on the merits.

Three days after attorneys for a seventeen-year-old transgender student urged the Supreme Court to stay out of the student’s dispute with a Virginia school board, the school board today filed its reply.  It once again urged the Court to block a federal district court’s order that would require schools in Gloucester County, Virginia, to allow “G.G.” – who was assigned the identity of a girl at birth but now identifies as a boy – to use the boys’ restrooms until the case can be litigated on the merits.  (More details on the case are available in my earlier coverage of the board’s first filing and the student’s response.) Continue reading »

Friday round-up

By on Jul 29, 2016 at 10:59 am

Commentary relating to the nomination of Chief Judge Merrick Garland to succeed the late Justice Antonin Scalia comes from Matthew Yglesias at Vox, who suggests that the “most immediate question Democrats will face if they win the White House and Senate will be what to do about” Garland’s nomination; Jay Michaelson at The Daily Beast, who examines how the Senate’s refusal to consider Garland’s nomination may influence voters ahead of the 2016 elections; and Jason Steed, who for his blog, forma legalis, suggests that Republicans may decide to confirm Garland before the elections.

Briefly:

  • For the Northwestern University Law Review Online, Joseph Blocher considers arguments for and against the constitutionality of the death penalty expressed in the Justices’ various opinions last year in Glossip v. Gross, in which the Court upheld Oklahoma’s use of midazolam as the first drug in its lethal injection protocol.
  • The Jewish Telegraphic Agency covers the appearance by Justice Ruth Bader Ginsburg in Venice, where she presided over a mock trial for Shylock and attended the premiere of the first performance of Shakespeare’s The Merchant of Venice in the city’s old Jewish Ghetto.
  • Dani Kass of Law 360 (subscription or registration required) reports on Chief Justice John Roberts’s order on Wednesday clearing the way for a drug manufacturer to move forward with generic versions of certain birth-control drugs.
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Thursday round-up

By on Jul 28, 2016 at 10:51 am

Briefly:

  • For Forbes, George Leef discusses last month’s denial of review in Stormans, Inc. v. Wiesman, in which owners of a Washington pharmacy challenged a state rule requiring pharmacies to sell certain abortifacient drugs.
  • At Medium, Senator Dianne Feinstein calls for Senate Republicans to allow a vote on Chief Judge Merrick Garland’s nomination to the Supreme Court and on twenty other pending judicial nominations.
  • At Empirical SCOTUS, Adam Feldman identifies what he characterizes as “three, somewhat calculated shifts” in the voting patterns of Chief Justice John Roberts.
  • At his eponymous blog, Lyle Denniston reports on an order by Chief Justice John Roberts in a high-stakes generic-drug dispute, which “cleared the way for a maker of generic drugs to sell cheaper versions of two highly profitable birth-control pills that are now sold only under brand names.”
  • Rachel Donadio of The New York Times reports that yesterday Justice Ruth Bader Ginsburg presided over a mock appeal of Shylock and two other characters from Shakespeare’s The Merchant of Venice in Venice’s Scuola Grande di San Rocco.
  • A podcast at Advice and Consent discusses how the Republican and Democratic Parties handled the issue of judicial nominations at their respective conventions, as well as Justice Ruth Bader Ginsburg’s comments on the upcoming presidential election.

Remember, we rely exclusively on our readers to send us links for our round-up.  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com.

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