Argument transcripts
The transcript of oral argument in Frank v. Gaos is available on the Supreme Court’s website; the transcript in Jam v. International Finance Corp. is also available.
October 2018 Archive
Every post published in October 2018, most recent first.
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Argument analysis: Justices conflicted in clash between fuel tax and Yakama Treaty
The oral argument on Tuesday in Washington State Department of Licensing v. Cougar Den Inc. showed yet again that federal Indian law cases often diverge from familiar progressive-conservative divides.
Argument analysis: Court skeptical that a lawyer may unilaterally countermand client’s instruction to file a criminal appeal
Following Tuesday morning’s argument in Garza v. Idaho, it seems more likely than not that petitioner Gilberto Garza Jr. will get the specific relief he seeks: the reinstatement of his appeal from convictions entered under a plea agreement that contained a waiver of his right to appeal.
Argument preview: Justices consider cap on attorney’s fees for successful representation of Social Security disability claimants (Corrected)
Attorney Richard Culbertson successfully represented several Social Security disability claimants both before the Social Security Administration and in federal court.
Wednesday round-up
This morning the justices wind up the first week of the November sitting with two oral arguments. In the first case, Frank v. Gaos, the court has been asked to make it harder for companies to settle class-action lawsuits without providing direct compensation to class members, through a process known as “cy pres.” Ronald Mann previewed the case for this blog.
OT2018 #5: “Arbitration Nation”
This episode is late, but we have a good reason. We get up to speed on Supreme Court news, as well as some grants with truly great and truly terrible case names. Then, we turn to the week’s arguments, making you an expert in all things arbitration.
Argument preview: Justices to consider another lethal-injection challenge, this time by inmate with complicated medical history
Next week the Supreme Court will hear oral argument in the case of Russell Bucklew, a Missouri death-row inmate who argues that the state’s plan to execute him by lethal injection violates the Constitution’s ban on cruel and unusual punishment because he suffers from a rare medical condition that could lead to his gagging on his own blood.
Relist Watch
John Elwood reviews Monday’s relists. We at Relist Watch tend to prefer the obscure to the obvious – we like the shadow docket shadowy. So we are not going to start this week’s edition talking about such subjects as the three new cases the Supreme Court agreed to review from among last week’s relists.
Argument analysis: Court quiet, but potentially skeptical, on immunity for international organizations
The Supreme Court heard oral argument this morning in a dispute over immunity for the International Finance Corporation, an international organization that makes loans to private businesses to finance projects in developing countries.
Empirical SCOTUS
Empirical SCOTUS: With a little help from academic scholarship
Judges’ citations tell a lot about their dispositions. We can glean relationships between cases, judges’ perspectives on these cases and judges’ relationships with other judges based on case citations.