|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|08-1423||9th Cir.||Nov 8, 2010||Dec 13, 2010||4-4||Aff'd by a divided Court||OT 2010|
Holding: An equally divided Court affirmed the Ninth Circuit's holding that the first sale doctrine applies only to copyrighted items that are made and distributed in the United States. (Kagan, J. recused).
Plain English Holding: An equally divided Court affirmed the Ninth Circuit's holding that the "first sale' doctrine applies only to copyrighted items that are made and distributed in the United States. The Court's order establishes no precedent. (Kagan, J., recused)
Judgment: Affirmed by an equally divided Court on December 13, 2010. (Kagan, J., recused).
NEW: In Monday morning order list, the Supreme Court agrees to hear two new cases: Ysleta del Sur Pueblo v. Texas, and Denezpi v. United States. The full order list is here: https://www.supremecourt.gov/orders/courtorders/101821zor_4f14.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.
NEW: Biden's commission studying proposals for Supreme Court reform has released 200+ pages of "discussion materials" in advance of its final report, slated to be issued next month. The materials are divided into five categories and are available here: https://www.whitehouse.gov/pcscotus/public-meetings/october-15-2021-pcscotus-meeting/
Curious: This morning the Supreme Court website had a dropdown menu option called “financial disclosure reports” (although nothing to see when you click on it). Now it’s gone
Today at SCOTUS: The Biden administration will appear before the justices asking to reinstate the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev -- despite Biden's campaign pledge to end the death penalty and the DOJ's recent moratorium on federal executions.
Brett Kavanaugh was back on the bench today after participating in last week's arguments remotely due to his positive COVID test. Here's the full nine-person bench, in a sketch by @Courtartist.