Every post published in October 2019, most recent first.
This week we highlight petitions pending before the Supreme Court that address, among other things, whether compulsory display-and-describe ultrasound laws, such as the Kentucky Ultrasound Informed Consent Act, abridge physicians’ freedom of speech in violation of the First Amendment; whether a
For The Washington Post (subscription required), Robert Barnes reports that in a public appearance yesterday at Georgetown Law with the Clintons, “Justice Ruth Bader Ginsburg said she knew there was concern about President Bill Clinton nominating a 60-year-old to the Supreme Court when he picked her in 1993”; “‘If you worried about my age, it was unnecessary,'” she continued.
Briefly: At Boise State Public Radio (via How Appealing), James Dawson reports that “[l]awyers representing several homeless people are asking the U.S. Supreme Court to reject a request from the city of Boise to review the legality of its anti-camping ordinance,” in City of Boise, Idaho v. Martin.
The central regulatory construct of the Clean Water Act is the requirement of a permit for the addition to the nation’s waters of any pollutant that comes “from any point source.” Congress’ high hopes for the cleansing power of the act’s permitting system are reflected in the name Congress chose
The argument next week in Retirement Plans Committee of IBM v. Jander asks the justices to apply their 2014 decision in Fifth Third Bancorp v. Dudenhoeffer. The current case may allow the justices to offer guidance on how to reconcile two dissonant themes from that decision.
Briefly: At Bloomberg Law, Evan Weinberger reports that “[t]he Consumer Financial Protection Bureau could lose leverage in enforcement negotiations as the Supreme Court considers whether its leadership structure is unconstitutional,” in Seila Law v. Consumer Financial Protection Bureau.
Having decided two maritime-law cases during its October 2018 term, the Supreme Court will consider its third admiralty case in just over a year when it hears argument in CITGO Asphalt Refining Company v. Frescati Shipping Company on November 5.
From historically entertaining facts spring important, even if not always riveting, legal issues. Such is the case in Allen v. Cooper, to be argued on November 5. The legal issue is whether Congress can subject states to suit for damages for copyright infringement.
John Elwood reviews Monday’s relists, after a fashion. The work crunch continues at my day job, so another, uh, … succinct installment today. Two noteworthy changes this week.
At CNBC, Tucker Higgins reports that Janet Napolitano, secretary of the Department of Homeland Security under President Barack Obama and now president of the University of California system, “will head to war against President Donald Trump in a blockbuster fight at the Supreme Court,” in Department