Access online today’s rulings of the U.S. Supreme Court in argued cases: Today is the final decision day of the October 2020 Term. Three cases remain for resolution.
1. Justice Neil M. Gorsuch delivered the opinion of the Court in McGirt v. Oklahoma, No. 18-9526. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Samuel A. Alito, Jr. and Brett M. Kavanaugh joined in full and Justice Clarence Thomas joined in large measure. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.
2. Chief Justice Roberts delivered the opinion of the Court in Trump v. Vance, No. 19-635. Justice Kavanaugh issued an opinion concurring in the judgment, in which Justice Gorsuch joined. And Justices Thomas and Alito issued dissenting opinions. You can access the oral argument via this link.
3. And Chief Justice Roberts delivered the opinion of the Court in Trump v. Mazars USA, LLP, No. 19-715. Justices Thomas and Alito issued dissenting opinions. You can access the oral argument via this link.
“What Does the Chief Justice Maximize?” John O. McGinnis has this post at the “Law & Liberty” blog.
“On Religion, the Supreme Court Protects the Right to Be Different; Recent decisions are about safeguarding pluralism, not taking sides in the culture wars”: Law professor Michael W. McConnell has this essay online at The New York Times.
“The Mindlessness of Bostock“: Steven D. Smith has this post at the “Law & Liberty” blog.
“Further Finality Follies From the Fifth Circuit; The Fifth Circuit again demanded that parties obtain a Rule 54(b) certification when a claim has been dismissed without prejudice”: Bryan Lammon has this post at his “final decisions” blog about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued Tuesday.
“Did John Roberts doom Supreme Court reform with his decisions?” Law professor Kent Greenfield and Adam Winkler have this essay online at The Hill.
“Conservative Anger With Roberts Misreads His Record”: Kenneth Jost has this post at his blog, “Jost on Justice.”
“Why conservative justices are more likely to defect”: Law professor Adrian Vermeule has this essay online at The Washington Post.
“Defendants’ appeal over venue denied by federal court in Boulder climate change lawsuit; Case remains on Boulder District Court docket for now”: Sam Lounsberry has this article in today’s edition of The Boulder Daily Camera.
And Ellen M. Gilmer of Bloomberg Law reports that “Boulder Climate Lawsuit Against Exxon, Others Advances.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
“Prison May Limit Rastafarian’s Dreadlocks, Must Accommodate Diet”: Peter Hayes of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
“Panel Ruling Too Wrong for En Banc Correction: 4th Cir. Judges.” Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a concurrence, in which four other judges joined, from the denial of reharing en banc that Fourth Circuit Judge J. Harvie Wilkinson III issued yesterday.
“Barilla Oversized Pasta Box Class Deal Undone by Second Circuit”: Julie Steinberg of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
“Reporter Wins Appeal to Force Release of Surveillance Orders”: Maeve Allsup of Bloomberg Law has this report (subscription required for full access).
And Sabrina Conza of the Reporters Committee for Freedom of the Press has a post titled “DC Circuit reverses district court ruling on unsealing electronic surveillance records; RCFP, BuzzFeed’s Jason Leopold have been fighting for years for greater public access to electronic surveillance court records.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
“Tobacco Groups Win Court Challenge to FDA Warnings”: Megan Mineiro of Courthouse News Service has this report.
And Andrew Nagy of Cigar Aficionado reports that “Court Strikes Down FDA’s Cigar Warning Label Plan.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court issued two rulings today.
1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267. Justice Clarence Thomas issued a concurring opinion, in which Justice Neil M. Gorsuch joined. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.
2. And Justice Thomas delivered the opinion of the Court in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, No. 19-431. Justice Alito issued a concurring opinion, in which Justice Gorsuch joined. Justice Elena Kagan issued an opinion concurring in the judgment, in which Justice Stephen G. Breyer joined. And Justice Ginsburg issued a dissenting opinion, in which Justice Sotomayor joined. You can access the oral argument via this link.
“What Now for Pro-Lifers? Betrayed by John Roberts, some despair of getting justices who will follow the law.” Columnist William McGurn has this op-ed in today’s edition of The Wall Street Journal.
“Chief Justice John Roberts was hospitalized last month after injuring his head in a fall”: Robert Barnes of The Washington Post has this report.
And Ariane de Vogue of CNN reports that “Chief Justice John Roberts was hospitalized in June after a fall.”
“Why does Sen. Mike Lee have issues with conservative Supreme Court justices?” Dennis Romboy of The Deseret News has an article that begins, “Sen. Mike Lee spent an ‘ungodly’ amount of time poring through the judicial opinions of Neil Gorsuch and wholeheartedly supported his confirmation to the U.S. Supreme Court three years ago.”
“2 female firsts at the Supreme Court announce retirements”: Jessica Gresko of The Associated Press has this report.
“As November Looms, So Does the Most Litigious Election Ever; Last week alone, three federal rulings set election parameters in three states; And scores of legal fights spawned by the pandemic are shaping who will vote and how”: Michael Wines of The New York Times has this report.
And while we’re at it, Andrew L. Brasher joined the Eleventh Circuit one week ago today: As noted here.
“Supreme Court to rule Thursday in major separation of powers case”: Riley Vetterkind of The Wisconsin State Journal has an article that begins, “The Supreme Court is set to issue a long-awaited ruling on Thursday in a major case that will determine how far Republicans can go in limiting the power of Democratic Gov. Tony Evers and Attorney General Josh Kaul.”
“Trump, Twitter, Facebook, and the Future of Online Speech: The debate over censorship and Section 230 is thorny, contentious, and, above all, outdated.” Anna Wiener has this post online at The New Yorker.
“You Can Get Kicked Out of a Jury Pool For Supporting Black Lives Matter: But is it legal? A California appeals court is going to decide.” Abbie VanSickle of The Marshall Project has this report.
“This Is the Real John Roberts: He is a judicial minimalist who seeks to avoid sweeping decisions with disruptive effects.” Law professor Jonathan H. Adler has this essay online at The New York Times.
“9th U.S. Circuit Court of Appeals upholds block on Trump’s ‘third country’ asylum ban”: Rafael Carranza has this front page article in today’s edition of The Arizona Republic.
Bob Egelko of The San Francisco Chronicle reports that “Ninth U.S. Court of Appeals says Trump’s ban on asylum seekers violates immigration law.”
And Miriam Jordan of The New York Times reports that “Appeals Court Strikes Down Trump Administration’s Asylum Ban; Although the ban remains in place for now, the ruling is a legal setback for one of the government’s most important policies aimed at slowing immigration.”
You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Black Clerks ‘Like Unicorns’ at Court Without Judges Like Them”: Perry Cooper of Bloomberg Law has this report.
Eighth Circuit applies Bostock v. Clayton Cty. and reinstates Title VII lawsuit in which plaintiff alleged that corporate defendant withdrew employment offer after learning that plaintiff was homosexual: You can access yesterday’s per curiam ruling at this link.
Diane S. Sykes is now serving as Chief Judge of the U.S. Court of Appeals for the Seventh Circuit: As confirmed by the listing of judges participating in this decision issued yesterday.
“Gorsuch, Thomas Look Lonely on Whether to Strike Obamacare”: Kimberly Strawbridge Robinson and Lydia Wheeler of Bloomberg Law have this report.
“Fourth Circuit Upholds North Carolina March 3 Petition Deadline for Independent Candidates”: Richard Winger has this post at Ballot Access News about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
“Stone Appeals Denial of Prison Delay Over Coronavirus Fears”: Erik Larson of Bloomberg News has a report that begins, “Republican operative Roger Stone asked a federal appeals court to delay the start of his prison term until Sept. 3 from July 14 because of the coronavirus pandemic, after the trial judge denied his earlier request.”
“Supreme Court keeps ban on robocalls to cellphones, tosses exception for government debt collection”: Robert Barnes of The Washington Post has this report.
Jess Bravin of The Wall Street Journal reports that “Supreme Court Expands Robocall Ban; Court strikes down exception for government-debt collectors.”
And Richard Wolf of USA Today reports that “Supreme Court upholds law banning cellphone robocalls.”
“Precedent: Which Justices Practice What They Preach.” Adam Feldman has this post at his “Empirical SCOTUS” blog.
“‘Strategic considerations’: John Roberts’ swing votes all about politics, court watchers say; Despite key swing-vote wins, liberals wary of chief justice.” Alex Swoyer has this front page article in today’s edition of The Washington Times.
