» Argument analysis: Justices debate impact of “do-over” in capital case
12/12/19 18:27 from SCOTUSblog » Cases and Controversies
Yesterday the Supreme Court heard oral argument in the case of James McKinney, who was sentenced to death for two murders in 1991. After the U.S. Court of Appeals for the 9th Circuit threw out McKinney’s death sentence four years ago, th...

» Argument analysis: Justices debate determination of “habitual residence” for infants in international child-custody cases
11/12/19 17:29 from SCOTUSblog » Cases and Controversies
In 2015, Michelle Monasky left the domestic-violence safe house in Italy where she had been staying with her newborn daughter and traveled to her parents’ home in Ohio. Domenico Taglieri, Monasky’s estranged husband, later filed a lawsui...

» Opinion analysis: Court makes short work of easy case: Government cannot collect in-house attorney’s fees from litigant challenging denial of patent application
11/12/19 16:26 from SCOTUSblog » Cases and Controversies
My assessment of the argument in Peter v. NantKwest viewed the case as a likely candidate for an early decision. To be sure, this morning’s opinion wasn’t the first of the 2019 calendar, but it was a close second – coming only one day af...

» Opinion analysis: A very narrow decision to start the term
11/12/19 14:54 from SCOTUSblog » Cases and Controversies
On Tuesday, December 10, the Supreme Court issued its ruling in Rotkiske v. Klemm, a messy but ultimately small case arising from the Fair Debt Collection Practices Act. The curious strategic choices by Rotkiske’s lawyers throughout this...

» Argument analysis: Court likely to rule that a defendant preserves appellate challenge to length of sentence merely by arguing for lower one, but precise wording of opinion will be important
11/12/19 11:30 from SCOTUSblog » Cases and Controversies
Justice Byron White, who as a retired justice hired a law clerk named Neil Gorsuch, once wrote that “a prime function of this Court’s certiorari jurisdiction [is] to resolve” conflicts between the federal circuits. Yesterday the court he...

» Argument analysis: “Small potatoes” or not, court explores the meaning of the “presumption of judicial review”
10/12/19 19:48 from SCOTUSblog » Cases and Controversies
If you have become depressed about the current state of American government—the shouting, the posturing, the endless spinning—please read the oral-argument transcript in Thryv Inc. v. Click-to-Call Technologies LP. And for good measure, ...

» Argument analysis: Justices consider federal courts’ statutory authority to review decisions from the Board of Immigration Appeals
10/12/19 18:20 from SCOTUSblog » Cases and Controversies
On Monday, the Supreme Court heard oral argument in the consolidated cases of Guerrero-Lasprilla v. Barr and Ovalles v. Barr. These cases focus on the meaning of a single statutory provision: 8 U.S.C. § 1252(a)(2)(D). The parties agree t...

» Argument analysis: Justices appear sympathetic to insurers in dispute over risk-corridor compensation
10/12/19 16:53 from SCOTUSblog » Cases and Controversies
This morning the Supreme Court heard oral argument in a relatively obscure case in which billions of dollars are at stake. At issue is whether health-insurance companies that lost money offering policies on the “health benefit exchanges”...

» Relist Watch
10/12/19 15:10 from SCOTUSblog » Cases and Controversies
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 cou...

» Justices turn down opioid lawsuit, challenge to ultrasound law
09/12/19 18:19 from SCOTUSblog » Cases and Controversies
This morning the Supreme Court issued orders from the justices’ December 6 conference. The justices did not add any new cases to their merits docket for the term. The justices declined to take up the case of Louie Schexnayder, a Louisian...