“Supreme Court Rules Against Residents in Environmental Lawsuit Case; Top Court Says Federal Superfund Law Doesn’t Trump State Time Limits on Lawsuits”: Brent Kendall of The Wall Street Journal has this report.
Richard Wolf of USA Today reports that “Justices’ water pollution ruling may deny Marine vets.”
Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court ruling muddies water in Lejeune pollution case.”
The Citizen-Times of Asheville, North Carolina reports that “Supreme Court rules against homeowners in CTS case.”
And Jeremy P. Jacobs of Greenwire reports that “Supreme Court rules for industry in fight over contaminated groundwater.”
“Terrorism suspect’s lawyer clashes with appeals judge in do-over”: Steve Schmadeke of The Chicago Tribune has a news update that begins, “At an unusual do-over at the federal appeals court in Chicago, judges heard oral arguments today for the second time in less than a week in a local terrorism case that has received national interest.”
And The Associated Press reports that “Rare redo in terrorism records case gets combative.”
You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (7.54 MB mp3 audio file).
“Tobacco Companies Rejected by High Court on Florida Suits”: Greg Stohr of Bloomberg News has this report, along with an article headlined “Wells Fargo Rejected by Top Court on $148 Million Tax Bid.”
Reuters has reports headlined “U.S. top court leaves intact jury verdicts against big tobacco“; “U.S. top court rejects Accenture trade secrets appeal“; and “U.S. Supreme Court declines to hear Wells Fargo-IRS tax squabble.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Court won’t review tobacco verdicts — again.”
“Supreme Court Decides Case With Echoes Of Anna Nicole Smith Bankruptcy”: Daniel Fisher has this post online today at Forbes.com.
“The Supreme Court Deals Radical Conservatives a Foreign-Policy Setback: And hardly anyone notices.” Simon Lazarus has this essay online today at The New Republic.
“Del. Supreme Court Justice Berger to retire; She was the first female member of the Court of Chancery and state Supreme Court”: Sean O’Sullivan of The News Journal of Wilmington, Delaware has an update that begins, “Delaware Supreme Court Justice Carolyn Berger will retire on Sept. 1, joining a sudden wave of departures from the state’s highest court.”
“Supreme Court: Texas can withhold drug source name.” The Associated Press has a report that begins, “The U.S. Supreme Court on Monday refused an appeal from a Texas death row inmate whose attorneys had demanded that state officials disclose the source of drugs intended to execute him.”
“Supreme Court protester against social media firings collapses”: Reuters has this report.
“U.S. Supreme Court refuses to stop BP oil spill payments”: The Times-Picayune of New Orleans has this news update.
Greg Stohr of Bloomberg News reports that “BP Rejected by Supreme Court on Gulf Payments Reprieve.”
Lawrence Hurley of Reuters reports that “U.S. top court declines to block BP spill payments.”
The Associated Press has a report headlined “Supreme Court: BP must pay claims during appeal.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Court turns aside BP payments protest.”
You can access today’s order of the U.S. Supreme Court at this link.
Access online today’s rulings in argued cases of the U.S. Supreme Court: The Court today issued rulings in three argued cases.
1. Justice Elena Kagan announced the judgment of the Court and delivered an opinion in which Justices Anthony M. Kennedy and Ruth Bader Ginsburg joined in Scialabba v. Cuellar de Osorio, No. 12-930. Chief Justice John G. Roberts, Jr. issued an opinion concurring in the judgment, in which Justice Antonin Scalia joined. Justice Samuel A. Alito, Jr. issued a dissenting opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Stephen G. Breyer joined in full and in which Justice Clarence Thomas joined except as to a footnote. You can access the oral argument via this link.
2. Justice Thomas delivered the opinion for a unanimous Court in Executive Benefits Ins. Agency v. Arkison, No. 12-1200. You can access the oral argument via this link.
3. Justice Kennedy delivered the opinion of the Court in large measure in CTS Corp. v. Waldburger, No. 13-339. Justices Sotomayor and Kagan joined the opinion in full. Chief Justice Roberts and Justices Scalia, Thomas, and Alito joined the opinion in large measure. Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Chief Justice Roberts and Justices Thomas and Alito joined. And Justice Ginsburg issued a dissenting opinion, in which Justice Breyer joined. You can access the oral argument via this link.
In early news coverage, The Associated Press has reports headlined “Court: Children over 21 go to back of visa line“; “High court rules on scope of bankruptcy authority“; and “Court rules against homeowners in toxic water case.”
Access online today’s Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court did not grant review in any new cases, but the Court did agree to set for oral argument exceptions to the Report of the Special Master in Kansas v. Nebraska, a case in the Court’s original jurisdiction.
In early news coverage, The Associated Press reports that “Justices let stand $70M in awards to smokers.”
“Obama’s Shocking Success on Judgeships Overturns Conventional Wisdom; Quietly but persistently, Obama and the Democratic Party have won approval for federal judicial nominees at a rate that outdoes either of Obama’s predecessors”: Law professor David Fontana has this essay online today at The Daily Beast.
“Wisconsin Supreme Court imposes time limits on debate to clear backlog”: Patrick Marley of The Milwaukee Journal Sentinel has this report.
“Clinton Library release of papers on Ginsburg, Breyer nominations offer insight, some fun”: Robert Barnes will have this new installment of his “The High Court” column in Monday’s edition of The Washington Post.
“A Victory for ‘Religious Freedom’ is a Loss for Religion: A version of the Golden Rule is at the heart of every religion; But now, in the name of religion, some people want to add an asterisk.” The Right Rev. V. Gene Robinson has this essay online today at The Daily Beast.
“Debate swells on raising NJ judges’ retirement age to 75”: Salvador Rizzo has this front page article in today’s edition of The Newark Star-Ledger.
“Beyond the robe: Freshman Supreme Court Justice Jim Bassett has a unique vantage point.” This front page article appears in today’s edition of The Concord (N.H.) Monitor.
“Justice Alito’s vote will be key in 3 cases challenging Obama’s power”: David G. Savage and Timothy M. Phelps have this front page article in today’s edition of The Los Angeles Times.
“Who me?” At his “Hercules and the Umpire” blog, Senior U.S. District Judge Richard G. Kopf has this interesting review of the book “Uncertain Justice: The Roberts Court and the Constitution,” by Laurence Tribe and Joshua Matz.
“Appeals court revives case for art seized in WWII”: The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“Free speech or illegal threats? Justices could say.” The Associated Press has this report.
“James Risen case: The Supreme Court stiffs the press — or maybe not.” Michael McGough has this essay online at The Los Angeles Times.
“Corporate lawyer tapped for Supreme Court spot”: Today’s edition of The News Journal of Wilmington, Delaware contains an article that begins, “Wilmington corporate attorney Karen L. Valihura, 51, of Centerville has been nominated by Gov. Jack Markell to fill the upcoming vacancy on the Delaware Supreme Court.”
“Benchslap Of The Day: The D.C. Circuit Calls Out A Top Law School Professor.” David Lat has this post at “Above the Law” about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
“‘Cold Fish’ Memo on Justice Breyer Surfaces in Clinton Papers”: Jess Bravin has this post at WSJ.com’s “Washington Wire” blog.
“Appeals court to redo terror case hearing that went unrecorded”: The Chicago Tribune has a news update that begins, “In an unprecedented mulligan, the federal appeals court in Chicago decided to redo oral arguments in a local terrorism case after it was revealed earlier this week that court personnel failed to record the initial hearing.”
And Josh Gerstein of Politico.com has a blog post titled “Court orders rare re-do in surveillance case.”
You can access today’s order of the U.S. Court of Appeals for the Seventh Circuit at this link.
“The Roberts Court: New frontiers in constitutional doctrine.” Law professor Laurence H. Tribe has this guest post today (his final one for now) at “The Volokh Conspiracy.”
And Professor Tribe’s guest post from yesterday was titled “The Roberts Court: Forging equality in time and politics.”
“Judges’ Financial Reports Reveal Extensive Travel; Judges navigate ethics rules when they travel”: Zoe Tillman will have this article in Monday’s edition of The National Law Journal.
“Documents show how Clinton leaked names of court nominees”: The New York Post has this news update.
And at “The BLT: The Blog of Legal Times,” Tony Mauro and Todd Ruger have a post titled “Newly Released Clinton Papers Dish on Ginsburg, Breyer.”
Programming note: I am visiting an appellate client located out-of-town today. As a result, additional posts will appear here this evening.
“More Clinton White House records to be released”: The Associated Press has this article, which reports that the documents to be released today cover “a wide range of topics including * * * the Supreme Court nominations of Justices Ruth Bader Ginsburg and Stephen Breyer.”
“Utah — Defending marriage at the Supreme Court”: Bill Duncan has this essay online at The Deseret News.
“Three Recently Accepted Cases Shed Light on the Supreme Court’s Process for Granting Review”: Law professor Vikram David Amar has this essay online at Justia’s Verdict.
“Aereo wants a TV revolution, if the Supreme Court will let it; Can a daring entrepreneur from Newton and his team of technologists upend the way we watch TV? Only if the Supreme Court doesn’t quash their idea first.” This article will appear in this upcoming Sunday’s edition of The Boston Globe’s Globe Sunday magazine.
“Split Fourth Circuit highlights ugly mess of SCOTUS ‘crime of violence’ jurisprudence”: Douglas A. Berman has this post at his “Sentencing Law and Policy” blog discussing a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.