WHAT WE'RE READING
The morning read for Friday, March 31
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
March 2023 Archive
Every post published in March 2023, most recent first.
Showing 1 - 1063 Results
Petitions of the weekRelist Watch
Another federal agency challenges adverse ruling by 5th Circuit
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
WHAT WE'RE READING
The morning read for Thursday, March 30
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
RELIST WATCHRelist Watch
Can fishermen be required to pay for federal monitors? And by the way – should Chevron be overruled?
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. This week’s update will be brief because of the press of business in my day job.
ARGUMENT ANALYSISMerits Cases
Justices search for a clear rule for confessions in joint trials
In Wednesday’s oral argument in Samia v. United States, the justices explored the intricacies of the Sixth Amendment confrontation clause, evidence law, and jury instructions, as they sought to develop a workable rule governing the admission of confessions in trials with multiple defendants.
ARGUMENT ANALYSISMerits Cases
The IRS faces tough questioning from justices over privacy concerns in third-party summons dispute
Over several years, Remo Polselli racked up over $2 million in federal tax liabilities. After he made a partial payment from the account of one of his limited liability companies, the IRS suspected Remo might be hiding his assets by transferring them to other entities or individuals.
WHAT WE'RE READING
The morning read for Wednesday, March 29
Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
OPINION ANALYSISMerits Cases
Court holds statute of limitations under Quiet Title Act is not a jurisdictional bar
Tuesday’s decision in Wilkins v. United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear.
ARGUMENT ANALYSISMerits Cases
Court concerned about scope of patent covering millions of antibodies
During oral argument in Amgen Inc. v. Sanofi on Monday, the justices explored how to write an opinion on patent enablement when the parties agree on almost everything about the legal standard. “Enablement” is the requirement that a patent must enable others to make and use the invention without undue experimentation.
ARGUMENT ANALYSISMerits Cases
Court seems reluctant to extend ban on concurrent sentences in Armed Career Criminal Act
Tuesday’s argument in Lora v. United States suggested that Efrain Lora, a Bronx man convicted of killing a rival drug dealer, is likely to get his re-sentencing under the Armed Career Criminal Act.