Briefly:

  • At Bloomberg Law, Jordan Rubin reports that “[p]rosecuting federal hate-crime charges after events such as mass shootings could get trickier if the U.S. Supreme Court rules for the defendant in a case getting more notice for its potential impact on President Donald Trump’s pardon power,” Gamble v. United States, which asks whether the Supreme Court should overrule an exception to the double jeopardy clause that allows a defendant to be prosecuted for the same crime in both federal and state court.
  • Pamela Wood reports for The Baltimore Sun that “[t]he Baltimore County government is asking the U.S. Supreme Court to reverse a lower court ruling in a long-running lawsuit over pensions — a ruling that would require the county to pay out millions of dollars to retired county workers unless it’s overturned.”
  • At The Atlantic, Garrett Epps takes a look at the justices’ order for additional briefing in Carpenter v. Murphy, which asks whether Congress has disestablished the boundaries of an Indian reservation in Oklahoma, affecting the state’s ability to prosecute major crimes in the affected area; he concludes that “[i]t’s tempting to say that it would take the wisdom of Solomon to resolve this dispute,” but that “[f]ear—even fear of gaping prison doors—is not usually a great basis for judgment.”
  • In the latest episode of First Mondays, Kate Shaw and others join Leah Litman “to take a deep dive into issues that regularly come up on the show.” 
  • At The World and Everything In It (podcast), Mary Reichard discusses the oral arguments in Timbs v. Indiana, in which the court will decide whether the Eighth Amendment’s excessive fines clause applies to the states, and Culbertson v. Berryhill, which involves a statutory cap on attorney’s fees in Social Security benefit cases.

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Posted in Round-up

Recommended Citation: Edith Roberts, Tuesday round-up, SCOTUSblog (Dec. 18, 2018, 7:04 AM), https://www.scotusblog.com/2018/12/tuesday-round-up-459/