Argument analysis: Justices debate determination of “habitual residence” for ...
Wednesday, December 11, 2019

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 lawsuit in Ohio, asking a federal court to order his daughter’s re... .. read more..

Opinion analysis: Court makes short work of easy case: Government cannot coll...
Wednesday, December 11, 2019

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 after Tuesday’s decision in Rotkiske v Klemm. A brief ov... .. read more..

Opinion analysis: A very narrow decision to start the term
Wednesday, December 11, 2019

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 case all but foretold his loss before the Supreme Court. Gi... .. read more..

Argument analysis: Court likely to rule that a defendant preserves appellate ...
Wednesday, December 11, 2019

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 heard argument in Holguin-Hernandez v. United States to review... .. read more..

Argument analysis: “Small potatoes” or not, court explores the meaning of the...
Tuesday, December 10, 2019

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, you might as well read the transcript in the immigration cas... .. read more..

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