Conservative majority hollows out precedent on ineffective-counsel claims in federal court

Courts may not “make up” new procedural rules to favor arbitration

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Justices grant no new cases; Breyer reiterates doubts about constitutionality of capital punishment

Non-unanimous acquittals and attorney-client privilege

Justices split over question of federal court review in immigration cases

The morning read for Tuesday, May 24

Divided court restricts prisoners’ ability to pursue claims that their lawyers were incompetent

The morning read for Monday, May 23

Announcement of orders and opinions for Monday, May 23 (complete)

Allegations of racial bias in a death penalty trial

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By Noam Biale on May 23 at 6:56 p.m.

The 6-3 opinion by Justice Clarence Thomas will make it more difficult for state prisoners to argue in federal postconviction proceedings that their trial lawyers were constitutionally deficient.

tall black fence and a gate bearing an "area closed" sign stand in front of the supreme court building

The Supreme Court on Monday, May 23. (Katie Barlow)

By Charlotte Garden on May 24 at 11:53 a.m.

The justices sided with a fast-food worker who wants to litigate her wage-theft allegations in federal court rather than an arbitration proceeding.

By Amy Howe on May 23 at 12:56 p.m.

No other justices signed on to Justice Stephen Breyer’s statement regarding the court’s denial of review in a death penalty case.

By Andrew Hamm on May 20 at 11:52 p.m.

A weekly look at new and notable petitions seeking Supreme Court review. This week: juries in Puerto Rico and discovery of dual-purpose documents.

By Shoba Sivaprasad Wadhia on May 19 at 12:24 p.m.

Under the ruling in Patel v. Garland, noncitizens seeking certain forms of discretionary relief may be left with no judicial review.

Over the next six weeks the Supreme Court is poised to issue 35 opinions, on topics ranging from gun rights to religion and the EPA’s power to regulate greenhouse gases. Amy is joined by Steven Mazie of The Economist and SCOTUSblog’s James Romoser for a refresher on what’s at stake in those cases.

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By James Romoser on May 24, 2022 at 10:26 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Tuesday morning read:

The Supreme Court Just Gutted Another Constitutional Right (Leah Litman, Slate)
Roe v. Wade Must Go for Precedent’s Sake (Adam J. White, The Wall Street Journal)
A Conservative Lawyer’s New Target After Abortion: Affirmative Action (Adam Liptak, The New York Times)
A Consequential Gun Ruling After the Buffalo Massacre (Amy Davidson Sorkin, The New Yorker)
Supreme Court Rejects Prejudice Requirement for Defeating a Motion to Compel Arbitration (R. Daniel Knaap & Russ Bleemer, CPR Speaks)

By Noam Biale on May 23, 2022 at 12:40 pm

Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision.

The question in Shinn v. Ramirez and Jones was whether state prisoners challenging their convictions and sentences in federal court could develop evidence in the federal proceeding to support claims that their state trial lawyers were ineffective to such a degree that the prisoners’ Sixth Amendment right to counsel was compromised. The case pitted the language of the Anti-Terrorism and Effective Death Penalty Act of 1996, which generally prohibits federal courts from holding an evidentiary hearing on these kinds of claims if the prisoner “has failed to develop the factual basis of a claim in State court proceedings,” against a 2012 Supreme Court decision, Martinez v. Ryan, which held that prisoners can raise a claim of ineffective assistance of counsel for the first time in federal court.

By James Romoser on May 23, 2022 at 9:12 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Monday morning read:

Ginni Thomas, wife of Supreme Court justice, pressed Ariz. lawmakers to help reverse Trump’s loss, emails show (Emma Brown, The Washington Post)
What’s Ahead as Supreme Court Nears Historic Session’s End (The Wall Street Journal)
Jim Obergefell prepares for another fight (Sophia Cai, Axios)
How the Right to Birth Control Could Be Undone (Melissa Murray, The New York Times)
The Biggest Mystery of the SCOTUS Leak Isn’t “Who Did It?” (Dahlia Lithwick, Slate)

By Angie Gou on May 23, 2022 at 12:00 am

We live blogged as the court released orders from the May 19 conference and opinions in Morgan v. Sundance and Shinn v. Ramirez.

Click here for a list of FAQs about opinion announcements.

By John Elwood on May 20, 2022 at 9:39 am

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

We had another week of complete turnover as Monday’s order list disposed of all the new relists discussed in our last installment. In Securities and Exchange Commission v. Cochran, the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The case is sufficiently similar to Axon Enterprise, Inc. v. Federal Trade Commission (which involves essentially the same issue for that agency’s administrative process) that the court seems likely to hear both together next fall. That will reunite former Solicitor General Paul Clement (Axon’s lawyer) with his former #2 Greg Garre (Cochran’s lawyer), who succeeded him in that post.

1
today_at_the_court
On Thursday, the court released opinions in Brnovich v. Democratic National Committee and Americans for Prosperity Foundation v. Bonta.

The justices will also meet for conference. The court will issue orders from that conference on Friday at 9:30 a.m.

Conference
private_conferences

2
today_at_the_court
On Friday, the court issued orders from the July 1 conference.

Orders
orders

5
Independence Day (observed)
holidays

May 2021

Su	Mo	Tu	We	Th	Fr	Sa
						1 today_at_the_court On Friday, the justices will meet for their April 30 conference. The court will issue orders from that conference on Monday at 9:30 a.m.
2 today_at_the_court On Friday, the justices will meet for their April 30 conference. The court will issue orders from that conference on Monday at 9:30 a.m.	3 today_at_the_court On Monday, the court released orders from the April 30 conference. The justices did not add any new cases to their merits docket for next term. Orders orders	4 today_at_the_court On Tuesday, the justices heard oral argument in Terry v. United States. Terry v. United States (20-5904) oral_arguments	5	6	7	8
9	10	11	12	13 Conference private_conferences	14 today_at_the_court On Monday, the court released orders from the May 13 conference and opinions in Caniglia v. Strom, Edwards v. Vannoy, BP v. Mayor and City Council of Baltimore and CIC Services v. IRS.	15 today_at_the_court On Monday, the court released orders from the May 13 conference and opinions in Caniglia v. Strom, Edwards v. Vannoy, BP v. Mayor and City Council of Baltimore and CIC Services v. IRS.
16 today_at_the_court On Monday, the court released orders from the May 13 conference and opinions in Caniglia v. Strom, Edwards v. Vannoy, BP v. Mayor and City Council of Baltimore and CIC Services v. IRS.	17 today_at_the_court On Monday, the court released orders from the May 13 conference and opinions in Caniglia v. Strom, Edwards v. Vannoy, BP v. Mayor and City Council of Baltimore and CIC Services v. IRS. Orders orders Opinions opinions	18	19	20 Conference private_conferences	21 today_at_the_court On Monday, the court released orders from the May 20 conference, and opinions in United States v. Palomar-Santiago and Guam v. United States.	22 today_at_the_court On Monday, the court released orders from the May 20 conference, and opinions in United States v. Palomar-Santiago and Guam v. United States.
23 today_at_the_court On Monday, the court released orders from the May 20 conference, and opinions in United States v. Palomar-Santiago and Guam v. United States.	24 today_at_the_court On Monday, the court released orders from the May 20 conference, and opinions in United States v. Palomar-Santiago and Guam v. United States. Orders orders Opinions opinions	25	26	27 today_at_the_court On Thursday, the court issued its decision in San Antonio v. Hotels.com. The justices will also meet for their May 27 conference. Conference private_conferences Opinions opinions	28 today_at_the_court On Monday, the court will be closed for Memorial Day. On Tuesday, the court will issue orders from the May 27 conference at 9:30 a.m., followed by opinions in one or more argued cases from the current term starting at 10 a.m.	29 today_at_the_court On Monday, the court will be closed for Memorial Day. On Tuesday, the court will issue orders from the May 27 conference at 9:30 a.m., followed by opinions in one or more argued cases from the current term starting at 10 a.m.
30 today_at_the_court On Monday, the court will be closed for Memorial Day. On Tuesday, the court will issue orders from the May 27 conference at 9:30 a.m., followed by opinions in one or more argued cases from the current term starting at 10 a.m.	31 today_at_the_court On Monday, the court will be closed for Memorial Day. On Tuesday, the court will issue orders from the May 27 conference at 9:30 a.m., followed by opinions in one or more argued cases from the current term starting at 10 a.m. Memorial Day holidays

June 2021

Su	Mo	Tu	We	Th	Fr	Sa
		1 today_at_the_court On Tuesday, the court released orders from the May 27 conference and opinions in Garland v. Dai and United States v. Cooley. Opinions opinions	2	3 today_at_the_court On Thursday, the court issued its decision in Van Buren v. United States. The justices will also meet for their June 3 conference. Conference private_conferences Opinions opinions	4	5
6	7 today_at_the_court On Monday, the court released orders from the June 3 conference and its opinion in Sanchez v. Mayorkas. Orders orders Opinions opinions	8	9	10 today_at_the_court On Thursday, the court issued a decision in Borden v. United States. The justices also met for their June 10 conference. Conference private_conferences Opinions opinions	11	12
13	14 today_at_the_court On Monday, the court released orders from the June 10 conference and opinions in Greer v. United States and Terry v. United States. Orders orders Opinions opinions	15	16	17 today_at_the_court On Thursday, the court released opinions in California v. Texas, Fulton v. Philadelphia and Nestlé USA Inc. v. Doe. Conference private_conferences Opinions opinions	18 Juneteenth holidays	19
20	21 today_at_the_court On Monday, the court released orders from the June 17 conference and opinions in NCAA v. Alston, United States v. Arthrex and Goldman Sachs v. Arkansas Teacher Retirement System. Orders orders Opinions opinions	22	23 today_at_the_court On Wednesday, the court issued opinions in Mahanoy Area School District v. B. L., Cedar Point Nursery v. Hassid, Lange v. California and Collins v. Yellen. Opinions opinions	24 today_at_the_court On Thursday, the justices will meet for their June 24 conference. Conference private_conferences	25 today_at_the_court On Friday, the court issued opinions in TransUnion v. Ramirez, HollyFrontier Refining v. Renewable Fuels Association and Yellen v. Confederated Tribes of the Chehalis Reservation. Opinions opinions	26
27	28 today_at_the_court On Monday, the court released orders from the June 24 conference. The justices added two cases to their merits docket for next term, and issued unsigned summary decisions in Lombardo v. St. Louis and Pakdel v. San Francisco. Orders orders	29 Opinions opinions today_at_the_court On Tuesday, the court released opinions in Minerva Surgical v. Hologic, Johnson v. Guzman Chavez and PennEast Pipeline Co. v. New Jersey. On Thursday, the court has announced that it will release the remaining opinions from the current term.	30 today_at_the_court On Thursday, the court released opinions in Brnovich v. Democratic National Committee and Americans for Prosperity Foundation v. Bonta. The justices will also meet for conference. The court will issue orders from that conference on Friday at 9:30 a.m.

July 2021

August 2021

September 2021

October 2021

November 2021

Su	Mo	Tu	We	Th	Fr	Sa
	1	2 Houston Community College Sys. v. Wilson (20-804) oral_arguments Badgerow v. Walters (20-1143) oral_arguments	3 New York State Rifle & Pistol Assn. v. Bruen (20-843) oral_arguments	4	5 Conference private_conferences	6
7	8 Orders orders FBI v. Fazaga (20-828) oral_arguments Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (20-915) oral_arguments	9 United States v. Vaello-Madero (20-303) oral_arguments Ramirez v. Collier (21-5592) oral_arguments	10 Austin v. Reagan National Advertising (20-1029) oral_arguments	11 Veterans Day holidays	12 Conference private_conferences	13
14	15 Orders orders	16	17	18	19 Conference private_conferences	20
21	22 Orders orders Opinions opinions	23	24	25 Thanksgiving Day holidays	26	27
28	29 Becerra v. Empire Health Fund (20-1312) oral_arguments	30 Cummings v. Premier Rehab (20-219) oral_arguments American Hospital Assn. v. Becerra (20-1114) oral_arguments

December 2021

January 2022

February 2022

March 2022

Su	Mo	Tu	We	Th	Fr	Sa
		1	2 Egbert v. Boule (21-147) oral_arguments	3 Opinions opinions	4 Conference private_conferences Opinions opinions	5
6	7 today_at_the_court On Monday, the court will issue one or more opinions in argued cases from the current term starting at 10 a.m. Orders orders Opinions opinions	8	9	10	11	12
13	14	15	16	17	18 Conference private_conferences	19
20	21 Orders orders Morgan V. Sundance, Inc. (21-328) oral_arguments Berger v. North Carolina State Conf. of NAACP (21-248) oral_arguments	22 Golan v. Saada (20-1034) oral_arguments	23 ZF Automotives US, Inc. V. Luxshare, Ltd. (21-401) oral_arguments	24 today_at_the_court On Thursday, the court will issue one or more opinions in argued cases from the current term starting at 10 a.m. Opinions opinions	25 Conference private_conferences	26
27	28 Orders orders Ledure v. Union Pacific Railroad Co. (20-807) oral_arguments Southwest Airlines Co. v. Saxon (21-309) oral_arguments	29 Ledure v. Union Pacific Railroad Co. (20-807) oral_arguments Torres v. Texas Dept. of Public Safety (20-603) oral_arguments	30 Viking River Cruises, Inc. v. Moriana (20-1573) oral_arguments	31 Opinions opinions

April 2022

Su	Mo	Tu	We	Th	Fr	Sa
					1 Conference private_conferences	2
3	4 Orders orders Opinions opinions	5	6	7	8	9
10	11	12	13	14 Conference private_conferences	15	16
17	18 Orders orders United States v. Washington (21-404) oral_arguments Siegel v. Fitzgerald (21-441) oral_arguments	19 George v. McDonough (21-234) oral_arguments Kemp v. United States (21-5726) oral_arguments	20 Vega v. Tech (21-499) oral_arguments	21 Opinions opinions	22 Conference private_conferences	23
24	25 Orders orders Kennedy v. Bremerton School Dept. (21-418) oral_arguments Nance v. Ward (21-439) oral_arguments	26 Biden v. Texas (21-954) oral_arguments Shoop v. Twyford (21-511) oral_arguments	27 Oklahoma v. Castro-Huerta (21-429) oral_arguments	28 Opinions opinions	29 Conference private_conferences	30

May 2022