Monday round-up
The death of Justice Antonin Scalia and the battle over nominating his successor continue to dominate coverage of and commentary on the Court.
February 2016 Archive
Every post published in February 2016, most recent first.
Showing 1 - 1099 Results
Two big property rights issues — for the future
The Supreme Court on Monday chose to pass up two major disputes on property rights, but lawyers were urged to bring up those issues again in future cases — cases without procedural flaws.
Argument preview: What did Congress mean by “actual fraud” in Bankruptcy Code?
Chrysalis Manufacturing Corp. was a Texas-based company that made circuit boards. Over a four-year period between 2003 and 2007, Chrysalis bought electric device components from Husky International Electronics, a Colorado distributor.
Argument analysis: Seeking a recusal rule that the Justices can live with
The oral argument in Williams v. Pennsylvania illustrated the difficulty of fashioning recusal rules that are both fair and administrable.
Argument transcripts
The transcript in Voisine v. United States is here; the transcript in Williams v. Pennsylvania is here.
Tribute: The incomparable Antonin Scalia
Kristin Linsley Myles is a litigation partner at Munger Tolles & Olson LLP. She served as a law clerk to Justice Scalia for October Term 1989. When Justice Scalia joined the Court in 1986, I was in law school.
This week at the Court
The Court issued additional orders from its February 26 Conference on Monday. There were no new grants, and there were three requests for the views of the Solicitor General. On Tuesday the Court released its opinions in Lockhart v. United States and Gobeille v. Liberty Mutual Insurance Company.
New plea to protect Louisiana abortion clinics (UPDATED)
UPDATE Tuesday 10:34 a.m.
States seek to block mercury pollution rule
Twenty states have asked the Supreme Court to order federal officials to stop enforcing a four-year-old rule — temporarily nullified by the Court last June — that requires electricity-generating power plants to install technology to curb pollution of the air with mercury and other harmful materials.
Tribute: Justice Scalia and the next generation of constitutional custodians
Kevin C. Walsh is a Professor of Law at the University of Richmond School of Law. He served as a law clerk to Justice Scalia for the 2003-2004 Term.