On January 31, 2017, President Donald Trump announced that he would nominate Judge Neil M. Gorsuch, of the U.S. Court of Appeals for the Tenth Circuit, for the U.S. Supreme Court. If confirmed, Judge Gorsuch would take up the seat vacated by the late Justice Antonin Scalia, who died last year.…
Articles Tagged with scotus
Today, the U.S. Supreme Court handed down its decision in the much-anticipated case Burwell v. Hobby Lobby Stores, Inc. (formerly Sebelius v. Hobby Lobby Stores, Inc., consolidated with Conestoga Wood Specialties Corp. v. Burwell and Autocam Corp. v. Burwell). In a 5-4 opinion by Justice Samuel Alito, the Court held that the Religious Freedom Restoration Act…
May is Asian/Pacific American Heritage Month. In his proclamation, President Obama cited the accomplishments of Asian Americans, Native Hawaiians and Pacific Islanders and acknowledged the difficulties that members of this community have faced both historically and in the present. Let's take a short trip through our nation's case law to…
By now, you’ve all read that Justice Antonin Scalia made a series of mistakes in the dissenting opinion of EPA v. EME Homer City Generation, L.P. The Supreme Court issued a corrected version of the opinion on its website. For more on the story, read the coverage in the WSJ…
Delaware Courts of Chancery appealed to the U.S. Supreme Court recently, seeking to validate a law that would allow them to hold confidential arbitration proceedings for parties with $1M litigation at stake. Professor Judith Resnik wrote about this in the NYT Op-Ed pages, "Renting Judges for Secret Rulings."
The Electronic Privacy Information Center (EPIC) filed for a writ of mandamus and prohibition in the Supreme Court of the United States yesterday, asking them to vacate the Foreign Intelligence Surveillance Court’s Order requiring production of phone records for domestic customers of Verizon. In the petition, the questions presented…
On Monday, in the shadow of then-Hurricane (now-Superstorm) Sandy, the U.S. Supreme Court heard oral arguments in Kirtsaeng v. John Wiley & Sons, Inc., a case involving the applicability of U.S. copyright law to copies of works created and legally acquired abroad and subsequently imported into the United States. In…
The U.S. Supreme Court started its term today, hearing oral arguments for Kiobel v. Royal Dutch Petroleum. The case involves the interpretation of a federal statute enacted by the first Congress as part of the Judiciary Act of 1879—the Alien Tort Statute. The Alien Tort Statute (ATS) provides that “[t]he…
Tomorrow brings one of the most highly anticipated decisions by the U.S. Supreme Court in recent years: the ruling on the constitutionality of the health-care law that is arguably the crowning achievement of President Obama's first term in office. Incidentally, tomorrow also marks the one-year anniversary of the launch of…