Merits Cases

Argument previews and analyses, opinion analyses, posts with links to argument transcripts and audio, and other news relating to cases granted for either the current term’s docket or next term’s docket

Date	Author	Post Title
« More Recent Posts — Older Posts »
06.26.19	Amy Howe	Opinion analysis: A total victory for Total Wine in 21st Amendment dispute
06.26.19	Amy Howe	Opinion analysis: Justices leave agency deference doctrine in place – with limits (Updated)
06.24.19	Mark Fenster	Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information
06.24.19	Joel Goldstein	Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action
06.24.19	Megan Carpenter	Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down
06.24.19	Amy Howe	Challengers notify justices about additional developments in census case
06.24.19	Leah Litman	Opinion analysis: Vagueness doctrine as a shield for criminal defendants
06.22.19	Erin Scharff	Opinion analysis: Presence of in-state beneficiaries alone insufficient for state to assert jurisdiction to tax trust income
06.22.19	Miriam Seifter	Opinion analysis: Court overrules takings precedent, allowing more suits in federal court
06.21.19	Evan Lee	Opinion analysis: Felons-in-possession must know they are felons

Featured Posts

Symposium: Espinoza v. Montana Department of Revenue: The battle between may fund and must fund – Frank Ravitch

Symposium: Principles or improvisations? Why (and how) the justices should reject anti-religious discrimination – Rick Garnett

Symposium: The deference due state constitutional protections for public education – Alice O'Brien
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This Day in SCOTUS History

Former Justice David Souter was born 80 years ago on September 17, 1939.
This Week at the Court
The justices are on their summer recess.
Major Cases
- Department of Commerce v. New York
  The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Kisor v. Wilkie
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Rucho v. Common Cause
  Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
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Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 67

Summary reversals 5

Merits cases granted to date 74

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Arguments by Sitting

Calendar: September 2019
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Gorsuch discusses new book at National Constitution Center

On Constitution Day – Tuesday, September 17, 2019 – Justice Neil Gorsuch joined NCC President Jeffrey Rosen to discuss the justice’s new book, “A Republic, If You Can Keep It.”

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	67
Summary reversals	5
Merits cases granted to date	74

Merits Cases

Featured Posts

Symposium: Espinoza v. Montana Department of Revenue: The battle between may fund and must fund – Frank Ravitch

Symposium: Principles or improvisations? Why (and how) the justices should reject anti-religious discrimination – Rick Garnett

Symposium: The deference due state constitutional protections for public education – Alice O'Brien

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

This Day in SCOTUS History

This Week at the Court

Major Cases

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Arguments by Sitting

Calendar: September 2019

Sept. 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award