Justices to weigh in on evidence in census citizenship-question dispute
Friday, November 16, 2018

The Supreme Court announced this afternoon that it would hear oral argument in February in a dispute over evidence in the challenge to the government’s decision to add a question about citizenship to the 2020 census. The order is the latest chapter at the court for the case; the justices had prev... .. read more..

Petitions of the week
Thursday, November 15, 2018

This week we highlight petitions pending before the Supreme Court that address whether plaintiffs may obtain certification of issue classes for a cause of action under Rule 23(c)(4) without having demonstrated that common issues predominate under Rule 23(b)(3), the creation of a particular inferr... .. read more..

Relist Watch
Wednesday, November 14, 2018

John Elwood reviews Tuesday’s relists, er, relist. For the longest time, to be called “national,” a thing had to be either really good or really bad. A trip through the alphabet reminds us of such noteworthy things as the national anthem, the National Book Award, National Car Rental, a national d... .. read more..

Academic highlight: Hasen on political polarization and the Supreme Court
Wednesday, November 14, 2018

Common sense tells us that increased political polarization affects the U.S. Supreme Court as well as the political branches, and now legal scholars have the data to prove it. In a forthcoming paper, “Polarization and the Judiciary,” Richard Hasen surveys the academic literature on the subject, a... .. read more..

Court adds two new cases to merits docket
Tuesday, November 13, 2018

This morning the justices issued orders from last week’s private conference. They added two new cases to their merits docket for the term and denied review in a group of capital cases from Florida, with the latter spurring three separate (and sometimes strongly worded) opinions. The justices will... .. read more..

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