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Tuesday, April 17, 2018

“Supreme Court Tosses Out Microsoft Case on Digital Data Abroad”: Adam Liptak of The New York Times has this report.

Brent Kendall of The Wall Street Journal reports that “Supreme Court Drops Case Pitting Justice Department Against Microsoft; Case rendered ‘moot’ after Congress passes legislation giving law enforcement access to overseas data.”

Stephen Dinan of The Washington Times reports that “Justices duck major data privacy ruling.”

Rachel Lerman of The Seattle Times reports that “Supreme Court dismisses Microsoft data privacy case; A new law that passed Congress last month made the lawsuit moot.”

Lawrence Hurley of Reuters reports that “U.S. top court rules that Microsoft email privacy dispute is moot.”

Greg Stohr of Bloomberg News reports that “Supreme Court Drops Microsoft Email Fight With New Law in Place.”

And Aaron Smith and Ariane de Vogue of CNN report that “Supreme Court dismisses major privacy rights case.”

Posted at 11:18 PM by Howard Bashman



“Justice Gorsuch Joins Supreme Court’s Liberals to Strike Down Deportation Law”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Divided Supreme Court says part of immigration law used for deportation too vague.”

David G. Savage of The Los Angeles Times reports that “Gorsuch casts key Supreme Court vote to spare California immigrant from deportation.”

Jess Bravin and Brent Kendall of The Wall Street Journal report that “Gorsuch Sides With Liberal Justices in Immigration Ruling; Supreme Court says federal law requiring deportation for some crimes was unconstitutionally vague.”

Richard Wolf of USA Today reports that “Neil Gorsuch sides with liberals to tip decision to immigrant in Supreme Court deportation case.”

Stephen Dinan of The Washington Times reports that “Supreme Court makes it harder to deport legal immigrants who commit crimes.”

Bob Egelko of The San Francisco Chronicle reports that “Supreme Court, with Gorsuch’s help, knocks down deportation law as too vague.”

Jessica Gresko of The Associated Press reports that “Supreme Court strikes down as vague part of immigration law.”

Andrew Chung of Reuters reports that “Supreme Court restricts deportations of immigrant felons.”

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Tosses Law Used to Deport Convicted Criminals.”

Ariane de Vogue and Tal Kopan of CNN report that “SCOTUS nixes part of law requiring deportation of immigrants convicted of some crimes.”

Josh Gerstein of Politico reports that “Gorsuch swings against Trump in deportation case.”

Matt Ford of The New Republic reports that “Gorsuch Did Scalia Proud (If Not Trump); The president’s Supreme Court appointee joined the liberal justices in striking down a deportation law, but his predecessor likely would have agreed.”

And in commentary, The Wall Street Journal has published an editorial titled “Gorsuch’s Good Opinion: Trump’s nominee protects liberty like Scalia would have.”

Online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Neil Gorsuch’s Long Game: Why the justice sided with the Supreme Court’s liberals to protect immigrants from deportation.”

And online at ThinkProgress, Ian Millhiser has an essay titled “Neil Gorsuch voted with the liberal justices, but his opinion should chill you to the bone; If you are surprised by Gorsuch’s vote to protect immigrants, you haven’t been paying attention to Gorsuch’s record.”

Posted at 10:58 PM by Howard Bashman



“Supreme Court Divided on Sales Taxes for Online Purchases”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court divided on whether states should tax all online sales.”

David G. Savage of The Los Angeles Times reports that “Supreme Court split on whether online sellers must collect sales taxes across U.S.

Jess Bravin of The Wall Street Journal reports that “Supreme Court Weighs Internet Sales-Tax Case; Several justices appeared reluctant to overturn a pre-internet precedent exempting many online retailers from collecting sales taxes.”

Richard Wolf of USA Today reports that “Supreme Court closely divided on changing rules for online sales tax collection.”

Alex Swoyer of The Washington Times reports that “Supreme Court weighs whether online retailers should collect sales tax.”

Jessica Gresko of The Associated Press reports that “Supreme Court hears case about online sales tax collection.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court struggles with e-commerce sales tax case.”

Greg Stohr and Justin Blum of Bloomberg News report that “Internet Sales Taxes Divide U.S. Supreme Court Justices.”

Lydia DePillis of CNNMoney reports that “Supreme Court debates whether to allow states to tax all online sales.”

Bernie Becker of Politico reports that “Justices take on changed retail landscape in tax case.”

At the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Passing the buck on Internet shopping taxes?

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Justices May Not Disturb Status Quo When It Comes To Sales Tax For Online Purchases.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in South Dakota v. Wayfair, Inc., No. 17-494.

Posted at 10:24 PM by Howard Bashman



“How I went from Supreme Court chief justice to ‘Citizen McLachlin’: After 36 years of making important choices, Beverley McLachlin is now making mundane ones again — part of the wonders and challenges of retirement.” Beverley McLachlin has this essay online at Maclean’s.

Posted at 8:33 PM by Howard Bashman



“Should a woman who lost four limbs to malpractice collect more than $750,000 for her suffering?” Cary Spivak of The Milwaukee Journal Sentinel has an article that begins, “Wisconsin’s burgeoning $1.4 billion insurance fund for doctors and state-mandated caps on damages in malpractice cases will go on trial Thursday when the state Supreme Court wrestles with the question of whether a woman who lost all four limbs to malpractice should collect millions of dollars for pain and suffering.”

Posted at 8:24 PM by Howard Bashman



“Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity?” Leah Litman has this post at the Harvard Law Review Blog.

Posted at 8:20 PM by Howard Bashman



“9th Circuit will appoint special prosecutor to defend Arpaio’s criminal-contempt verdict”: Megan Cassidy of The Arizona Republic has this report.

Jacques Billeaud of The Associated Press reports that “Special prosecutor appointed to defend Arpaio case ruling.”

And Zoe Tillman of BuzzFeed News reports that “A Federal Appeals Court Will Name A Special Prosecutor To Argue That Joe Arpaio’s Guilty Verdict Should Stand.”

You can access today’s order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 2:44 PM by Howard Bashman



“Mass. high court, citing guidance from US Supreme Court, strikes down stun gun ban”: Martin Finucane and John R. Ellement of The Boston Globe have this report.

Nate Raymond of Reuters reports that “Massachusetts top court declares stun gun ban unconstitutional.”

Bob Salsberg of The Associated Press reports that “Massachusetts court strikes down ban on stun guns.”

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Massachusetts High Court Strikes Down Stun Gun Ban; The U.S. Supreme Court had rejected the Massachusetts court’s earlier arguments for why stun guns aren’t covered by the Second Amendment, but had sent the case back for the Massachusetts court to consider other arguments.”

You can access today’s ruling of the Supreme Judicial Court of Massachusetts at this link.

Posted at 1:54 PM by Howard Bashman



“Will the Supreme Court Rein in Civil Forfeiture? A case from Indiana gives the justices an opportunity to protect Americans from abusive fines and property seizures.” Matt Ford of The New Republic has this report.

Posted at 1:24 PM by Howard Bashman



“Is There Such a Thing as a Slam Dunk? The Corey Williams case comes close.” Andrew Cohen has this report online at The Marshall Project.

Posted at 11:30 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Elena Kagan announced the judgment of the Court and delivered the opinion of the Court in large measure in Sessions v. Dimaya, No. 15-1498. Justice Neil M. Gorsuch issued an opinion concurring in part and concurring in the judgment. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. And Justice Thomas issued a dissenting opinion, in which Justices Kennedy and Alito joined in part. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Wilson v. Sellers, No. 16-6855. Justice Gorsuch issued a dissenting opinion, in which Justices Thomas and Alito joined. You can access the oral argument via this link.

3. And the Court issued a per curiam decision in United States v. Microsoft Corp., No. 17-2, dismissing the case as moot. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“Will You Soon Have To Pay Sales Tax On Every Online Purchase?” Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 9:40 AM by Howard Bashman