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SCOTUS NEWS

Supreme Court takes up Clean Air Act and sentencing cases

By Amy Howe on Oct. 21 at 10:53 a.m.

In a short list of orders on Monday morning, the justices added four new cases to their docket for the 2024-25 term. The court will hear three cases on which federal court can hear challenges to the EPA’s actions under the Clean Air Act and a dispute over federal sentencing. The court turned down a challenge to Consumer Product Safety Commission, a takings clause dispute over a planned Long Island park, and Michael Cohen’s effort to revive a civil rights suit against former President Donald Trump.

Supreme Court building and steps

The four cases granted on Monday will likely be argued in late February or March 2025. (Katie Barlow)

SCOTUS NEWS

Transgender rights case set for December

By Amy Howe on Oct. 18 at 12:05 p.m.

The court’s December argument session will feature a challenge to Tennessee’s ban on puberty blockers and hormone therapy for transgender minors. The eight cases scheduled between Dec. 2 and Dec. 11 will also include a case brought by survivors of the Hungarian Holocaust seeking compensation for seized property and a challenge to the Food and Drug Administration’s attempt to bar flavored e-cigarettes.

CAPITAL CASE

Supreme Court declines to intervene in Robert Roberson’s execution

By Amy Howe updated on Oct. 18 at 9:07 a.m.

The justices declined to halt the execution of Robert Roberson on Thursday evening. Roberson was prosecuted for the death of his two-year-old daughter based on shaken baby syndrome, a diagnosis that has been questioned in the intervening years. Just before the court issued its order, a Texas judge temporarily blocked Roberson’s execution. When that order was overruled, the Texas Supreme Court stepped in on Thursday night and blocked the state from executing Roberson. 

EMERGENCY DOCKET

EPA emissions rule to stand while litigation continues

By Amy Howe on Oct. 16 at 4:32 p.m.

The court on Wednesday turned down a handful of emergency appeals from states, energy companies, and fossil fuel industry groups, leaving in place an Environmental Protection Agency rule aimed at reducing carbon dioxide emissions from power plants while litigation continues in lower courts. Justice Brett Kavanaugh indicated that the challengers could return to the Supreme Court for temporary relief if necessary after the D.C. Circuit rules.

Advocates in Conversation

San Francisco City Attorney David Chiu on the city’s Clean Water Act case

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WHAT WE'RE READING

The morning read for Monday, Oct. 21

By Ellena Erskine on Oct 21, 2024 at 10:21 am

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Monday morning read:

WHAT WE'RE READING

The morning read for Friday, Oct. 18

By Ellena Erskine on Oct 18, 2024 at 10:46 am

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:

RELIST WATCH

Redistricting, campaign contributions, and California’s role in emissions regulation

By John Elwood on Oct 17, 2024 at 3:51 pm

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.

On Monday’s order list, the Supreme Court didn’t do much to clear out the relisted cases. The court denied review of just one of the 15 relisted cases that were then pending: Davis v. Colorado, the case asking whether the Sixth Amendment guarantees indigent defendants the right to continued representation by the same appointed counsel. But all of the other cases are back for consideration at Friday’s conference, along with six newly relisted cases.

One of them – Building and Reality Institute of Westchester and Putnam Counties, Inc. v. New York – is on a subject that will be familiar to regular readers. It involves the same question already under consideration in one of last week’s returning relists, G-Max Management, Inc. v. New York: whether New York rent stabilization laws constitute an uncompensated taking of private property in violation of the takings clause of the Fifth Amendment.

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WHAT WE'RE READING

The morning read for Thursday, Oct. 17

By Ellena Erskine on Oct 17, 2024 at 10:34 am

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Thursday morning read:

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