|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-166||7th Cir.||Apr 23, 2012||May 29, 2012||8-0||Scalia||OT 2011|
Holding: Debtors may not obtain confirmation of a Chapter 11 bankruptcy “cramdown” plan that proposes to sell substantially all of the debtors’ property at an auction, free and clear of the Bank’s lien, using the sale proceeds to repay the Bank, but that does not permit the Bank to credit-bid at the sale.
Plain English Summary: This case considers the procedures that apply when a bankrupt company wants to sell a major asset –in this case, a hotel. The lender that has a mortgage on the asset argues that it has a right to take the asset if it goes unpaid. The borrower argues that the asset should be sold and that the lender gets the asset only if it is willing to pay the most for it. The lender says this is ridiculous, because it requires the lender to put in new cash to buy an asset for which it already has an unpaid loan. The Court agreed with the lender.
Judgment: Affirmed, 8-0, in an opinion by Justice Scalia on May 29, 2012. (Kennedy, J., recused)
Merits Briefs for the Petitioners
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _👩⚖️👩⚖️👩⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️_ Register here ➡️ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
Senator Markey (D-Ma) is delivering remarks right now in front of the Supreme Court introducing the Judiciary Act of 2021 to expand the court to 13 justices. He’s flanked by Chairman of House Judiciary, Jerry Nadler (D-NY), and Hank Johnson (D-Ga).
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here:
Cast your vote below!
The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness - SCOTUSblog
Forget Ali vs. Frazier, Celtics vs. Lakers, or Evert vs. Navratilova. It’s time for Marshall vs. Warren. After...
In yet another Friday night shadow docket order, a divided Supreme Court sides with challengers to California’s COVID-related restrictions. Brief per curiam opinion and dissent from Justice Kagan: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
By vote of 5-4, #SCOTUS blocks California's COVID-related restrictions on in-home prayer meetings and worship. Opinion & Kagan's dissent are here: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
President Biden will sign an executive order authorizing a commission to study Supreme Court reform. The commission will review “the length of service and turnover of justices on the court; the membership and size of the court” among other topics.
President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | The White House
President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a