How Appealing



Monday, June 26, 2017

“SCOTUS Splits the Travel Ban Baby: The Supreme Court’s ruling doesn’t make much sense as a matter of law; That may be good for Donald Trump.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Be Wary of a Compromise on Trump’s Travel Ban; The Supreme Court agrees to hear the case in the fall, but looks to be wiggling its way out of a politically charged ruling.”

And online at The Atlantic, law professor Garrett Epps has an essay titled “Trump’s Limited Travel Ban Victory: The Supreme Court granted review of the president’s travel ban in October, but the Court clearly hopes — and strongly hints — that the case will be moot by then.”

Posted at 11:02 PM by Howard Bashman



“A Sixth Circuit-Themed Primer on the Marks Doctrine, and an Endorsement of a Proposal to Overhaul Marks”: Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

Posted at 10:58 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: Justice Clarence Thomas delivered the opinion of the Court in Davila v. Davis, No. 16-6219. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

Justice Anthony M. Kennedy delivered the opinion of the Court in California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. You can access the oral argument via this link.

Chief Justice John G. Roberts, Jr. delivered the opinion of the Court (except as to a single footnote) in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. Justice Thomas issued an opinion concurring in part, in which Justice Neil M. Gorsuch joined. Justice Gorsuch issued an opinion concurring in part, in which Justice Thomas joined. Justice Breyer issued an opinion concurring in the judgment. And Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

The Court issued a per curiam decision in Trump v. International Refugee Assistance Project, No. 16-1436. Justice Thomas dissented in part, joined by Justices Alito and Gorsuch. The case will be argued in the first oral argument session of October Term 2017.

The Court also issued a per curiam decision in Hernandez v. Mesa, No. 15-118. Justice Thomas issued a dissenting opinion. And Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

Finally, the Court announced that the two remaining undecided argued cases, which were argued before Justice Gorsuch joined the Court, will be reargued next Term.

Posted at 10:04 AM by Howard Bashman



“Will Supreme Court retirement bring ‘Kennedy Court’ to an end?”
Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.

Posted at 9:58 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases. And the Court sought the views of the Acting Solicitor General in four cases.

In Pavan v. Smith, No. 16-992, the Court issued a per curiam reversal of the judgment of the Supreme Court of Arkansas. Justice Neil M. Gorsuch issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined.

In Hicks v. United States, No. 16-7806, Justice Gorsuch concurred in the remand for further consideration in light of the position asserted by the Acting Solicitor General. And Chief Justice John G. Roberts, Jr. issued a dissent, in which Justice Thomas joined.

In Mathis v. Shulkin, No. 16-677, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari. And Justice Gorsuch issued a dissent from the denial of certiorari.

In Peruta v. California, No. 16-894, Justice Thomas issued a dissent, in which Justice Gorsuch joined, from the denial of certiorari.

Lastly, in Bay Point Properties, Inc. v. Mississippi Transp. Comm’n, No. 16-1077, Justice Gorsuch issued a
dissent
, in which Justice Thomas joined, from the denial of certiorari.

In early news coverage, Greg Stohr of Bloomberg News reports that “Religious Objections to Gay Marriage Get U.S. Supreme Court Hearing.”

And The Associated Press reports that “Justices turn away appeal in Somali torture case.”

Posted at 9:32 AM by Howard Bashman