petitions-of-the-week

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a court can find Article III standing based on its conclusion that a statute protects a concrete interest, without determining that the plaintiff suffered a personal, real-world injury from the alleged statutory violation; whether a state official’s demand for…
new-special-master-finds-for-georgia-in-most-recent-round-of-water-dispute

New special master finds for Georgia in most recent round of...

On November 7, 2019, the parties in Florida v. Georgia again presented their arguments over equitable allocation of water between the states after the U.S. Supreme Court remanded the case in June 2018 and appointed a new special master, Judge Paul Kelly Jr. of the U.S. Court of Appeals for the 10th Circuit, in August…
house-blue-states-ask-justices-to-uphold-affordable-care-act

House, blue states ask justices to uphold Affordable Care Act

It has been almost eight years since a divided Supreme Court, with Chief Justice John Roberts providing the deciding vote during the middle of a presidential election, rejected a challenge to the constitutionality of the Affordable Care Act’s individual mandate – the requirement that virtually all Americans obtain health insurance or pay a penalty. Today…
ftc-files-own-petition-suggesting-divide-in-federal-government

FTC files own petition, suggesting divide in federal government

It has been nearly a half-century since Congress gave the Federal Trade Commission the right to represent itself before the Supreme Court, at least when the U.S. solicitor general, who normally represents the federal government before the court, declines to do so. That right is rare among federal agencies, and the FTC has exercised it…
petitions-of-the-week

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a corporation that has been denied a state license to open a new abortion clinic may assert the 14th Amendment rights of hypothetical future patients as the basis for challenging the licensing requirement and the license denial, whether the…
petitions-of-the-week

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a law enforcement officer’s membership in a joint state-federal police task force managed, in part, by a federal agency precludes the officer from acting “under color of state law” for purposes of Section 1983, and whether Section 1 of…
petitions-of-the-week

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a motorist’s assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the offense of driving under the influence, whether a levy that forces property owners to…
petitions-of-the-week

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the Department of Veterans Affairs enjoys a presumption in every veterans-benefit case that its medical examiner is competent, and whether, when a jury states that it is “unable to agree” on a defendant’s guilt for a greater offense and…
relist-watch

Relist Watch

John Elwood briefly reviews Monday’s relists. On Monday, the Supreme Court further thinned the ranks of pending relists, denying review in Schexnayder v. Vannoy, 18-8341, which involved hair-raising allegations that a Louisiana state court had a secret policy of denying all pro se prisoner writ applications. The allegations  came to light only when a former…
trump-asks-justices-to-quash-subpoena-for-financial-records

Trump asks justices to quash subpoena for financial records

Late last month the Supreme Court agreed to put on hold a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that upheld a subpoena for President Donald Trump’s financial records. The justices ordered lawyers for Trump to file a petition for review of the D.C. Circuit’s decision by noon today.…