» Courts may not “make up” new procedural rules to favor arbitration
24/05/22 11:53 from SCOTUSblog » Cases and Controversies
In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts. These decisions have often favored companies seeking...

» Conservative majority hollows out precedent on ineffective-counsel claims in federal court
23/05/22 18:56 from SCOTUSblog » Cases and Controversies
In Shinn v. Ramirez and Jones, two men on Arizona’s death row raised claims in habeas corpus proceedings that their trial attorneys were constitutionally ineffective – one for failing to investigate evidence suggesting his client could n...

» Justices grant no new cases; Breyer reiterates doubts about constitutionality of capital punishment
23/05/22 12:56 from SCOTUSblog » Cases and Controversies
The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The court did not add any new cases to its docket for the 2022-23 term, nor did it seek the views of the federal government on any pending...

» Divided court restricts prisoners’ ability to pursue claims that their lawyers were incompetent
23/05/22 12:40 from SCOTUSblog » Cases and Controversies
Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision. The question in Shinn v. ...

» Defendants who delay can lose their chance to arbitrate, court rules in 9-0 decision
23/05/22 11:06 from SCOTUSblog » Cases and Controversies
The Supreme Court on Monday unanimously ruled against a fast-food franchise owner in a procedural dispute over whether a wage-theft lawsuit belongs in federal court or in arbitration. Justice Elena Kagan wrote the opinion in Morgan v. Su...

» Non-unanimous acquittals and attorney-client privilege
20/05/22 23:52 from SCOTUSblog » Cases and Controversies
This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the justices’ decision to prevent non-unanimous convictions in Louisiana also prohibits Puerto Rico from authorizing non-unanimous ...

» Allegations of racial bias in a death penalty trial
20/05/22 09:39 from SCOTUSblog » Cases and Controversies
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. We had another week of complete turnover as Monday’s order list disposed...

» Justices split over question of federal court review in immigration cases
19/05/22 12:24 from SCOTUSblog » Cases and Controversies
In a 5-4 decision made on Monday, the Supreme Court held that federal courts lack jurisdiction to review factual findings made by the executive branch during deportation proceedings. The ruling in Patel v. Garland means that noncitizens ...

» Justices grant review in two cases that test jurisdiction of district courts
16/05/22 13:59 from SCOTUSblog » Cases and Controversies
The Supreme Court on Monday added two new cases, both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. And the justices called for the federal government’s views in two more cases, involvi...

» Court sides with Ted Cruz and strikes down campaign-finance restriction along ideological lines
16/05/22 13:51 from SCOTUSblog » Cases and Controversies
The Supreme Court on Monday struck down a federal campaign-finance law that limits how and when candidates can repay loans that they make to their own campaigns. The 6-3 ruling, which held that the law violates the First Amendment, came ...