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On the Docket News Archive

Monday, February 27, 2017:

Today, the Supreme Court denied a petition for cert in Reed v. Louisiana, a case challenging the constitutionality of the death penalty. Justice Breyer authored a dissent to the denial, noting that the parish in which the petitioner was sentenced sentenced more defendants to death per capita than any other county in the United States. A full list of today’s orders are hereOn the Docket is proud to present a response to another case implicating the death penalty. Capital defender and former Director of the ABA’s Death Penalty Representation Project Robin Maher writes on last weeks Buck v. Davis, in which the Court held that the petitioner’s death sentence was fatally flawed because his own court-appointed counsel fostered racial animus against him.

Wednesday, December 7, 2016:

On Tuesday, the Supreme Court released three decisions: State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, Salman v. United States, and Samsung Electornics v. Apple. All three decisions were unanimous.  Be on the lookout in the near future for commentary on Salman from Professor Randall Eliason! In the meantime, take a look at Professor Eliason’s response to the Court’s decision last term in McDonnell v. United States here.

Monday, November 28, 2016: 

The Court today begins its December sitting with arguments in Beckles v. United States. Be sure to check out On the Docket‘s preview of Beckles and the rest of the month’s cases here.

Friday, July 1, 2016: 

Domestic violence law-expert Professor Joan Meier offers her thoughts on the Court’s decision in Voisine v. United States here

While the Court has issued the last of its decisions for the October 2015 term, On the Docket is still working to post a last few response pieces.  Stay tuned for responses to Whole Woman’s Health v. Hellerstedt and RJR Nabisco, Inc. v. The European Community coming soon!

Sunday, June 26: 

With five new opinions issued each on Monday, June 20 and Thursday, June 23, the Court only has three decisions left to render.  Check out a response from Dean Alan Morrison in Fisher v. University of Texas here, and discover the likely end of Abigail Fisher’s journey.  Joe Palys and other practitioners with Paul Hastings LLP also described the future of inter partes review at the US Patent and Trademark Office here

Stay tuned for future news as the Court continues to release more decisions.  The Court is also expected to release it’s final opinions of this term tomorrow, Monday, June 27.

Wednesday, June 22: 

With five new opinions issued on Monday, June 20, the Court only has eight decisions left to render.  Check out a response from Dean Alan Morrison in Encino Motorcars, LLC v. Navarro here, and learn a little something new about automobile service advisors (and administrative law!).  Professor Stephen Saltzburg also describes the way the Court has proceeded to chip away at the Fourth Amendment’s exclusionary rule here

Stay tuned for future news as the Court continues to release more decisions.  The Court is also expected to release additional mid-week opinions this Thursday, June 23.

Monday, June 20: 

With five new opinions issued today, the Court only has eight decisions left to render.  Keep an eye out for more response pieces by professors and practitioners as On the Docket closes out its second year following the Supreme Court.

Stay tuned for future news as the Court continues to release more decisions.  The Court is also expected to release additional mid-week opinions this Thursday, June 23.

Monday, June 6: 

The Court has kicked off its traditionally-busy June with a slew of opinions in the past two weeks.  Check out a response from Professor Robert Glicksman on United States Army Corps of Engineers v. Hawkes Co., Inc. here.  Also, last week, Dean Phyllis Goldfarb offered her thoughts on the Court’s opinion on a Batson challenge in Foster v. Chatman here.

Stay tuned for future news as the Court continues to release more decisions.  The Court is also expected to release additional mid-week opinions this Thursday, June 9.

Monday, May 16: 

On this very eventful Monday morning, The Supreme Court handed down opinions in six different cases, including Zubik v. Burwell, Spokeo v. Robins, Husky International Electronics v. Ritz, Merrill Lynch v. Manning, Sherriff v. Gillie, and Kernan v. Hinojosa. In an event unusual for this time of the year, the Court is also expected to release additional mid-week opinions this Thursday, May 19.

For news of what this uncommon step entails and critical responses from great minds in the legal profession, stay tuned to On the Docket

 

Tuesday, May 10: 

The Supreme Court did not issue orders or opinions this week. The Justices will return to conference on Thursday, May 12. 

In the mean time, be sure to check out On the Docket‘s response to last week’s Ocasio v. United States for thoughts on the fine line between bribery and extortion from Randall Eliason, former Chief of the D.C. U.S. Attorney’s Public Corruption and Government Fraud section.

 

Sunday, April 24: 

The Supreme Court issued five opinions this week, and On the Docket is proud to present responses to two of them!  Check out Dean Alan Morrison’s response to the affirmation of expansive Congressional power in Bank Markazi v. Peterson here, and Professor Emily Hammond’s response to U.S. energy regulators’ authority’s growth in Hughes v. Talen Energy Marketing, LLC here!

 

Wednesday, April 6, 2016: 

The Supreme Court issued two opinions on Monday, Nichols v. US and Evenwel v. Abbott, each without a dissenting opinion. On the Docket is proud to announce that we have published two responses to the decision in Evenwel.  Check out Dean Alan Morrison’s response to the Court’s decision in Evenwel to uphold total population as a basis of redistricting here, and Pepperdine Professor Derek Muller’s response here

 

Monday, April 4, 2016: 

The Supreme Court issued two opinions today, Nichols v. US and Evenwel v. Abbott, each without a dissenting opinion. Check out Dean Alan Morrison’s response to the Court’s decision in Evenwel to uphold total population as a basis of redistricting here!

 

Sunday, March 20, 2016: 

The Supreme Court begins hearing another round of oral arguments this week.  In two important cases, Justices have recused themselves, leaving the Court with no potential for a crippling 4-4 deadlock.  However, this is not the case for Zubik v. Burwell, the latest challenge to the Affordable Care Act, where Justice Scalia’s absence could prove to be problematic for the Court. Check out our latest round of case previews here!

 

Wednesday, March 16, 2016: 

President Obama: “The men and women who sit on the Supreme Court are the final arbiters of American law.” This morning, President Obama nominated Judge Merrick Garland to join SCOTUS. “In his 19 years, Merrick has brought his diligence, compassion, and unwavering support for the rule of law to the court.” Read the New York Times announcement here.

 

Monday, February 29, 2016: 

During oral argument this morning, Supreme Court Justice Clarence Thomas asked a question from the bench for the first time in over a decade. The case being argued wasVoisine v. United States, which centers on the application of misdemeanor convictions that require only a reckless state of mind to a federal statute that prohibits domestic abusers from owning a firearm.The Justice broke his silence to inquire about other examples of a constitutional right being suspended over a misdemeanor conviction. Check out On the Docket’s preview of Voisine in our latest survey of High Court arguments for more details on the case.

Prior to oral arguments, the Court released orders from its Friday, February 26 conference. No new hearings were granted, but the Solicitor General was invited to express the views of the United States in a case dealing with the priority of debts compensated during specialized bankruptcy proceedings. The United States was also granted leave to participate at oral argument in cases respectively challenging Virginia’s redistricting plan and the application of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) outside of the United States. 

 

Thursday, February 18, 2016: 

On the Docket has published our previews for the cases that will be argued before the Court during it’s February oral arguments schedule.  Check out our synopses of cases to come, including an introduction on how Justice Scalia’s presence will be missed as the Court returns from recess.

Also, the faculty advisor of The George Washington Law Review, Professor Bradford Clark, was mentored and inspired by Justice Scalia through the tutelage Professor Clark received as Justice Scalia’s clerk.  Take a look at Professor Clark’s interview in tribute to Justice Scalia with the GWToday here.  

 

Saturday, February 13, 2016:

The New York Times and other news outlets are reporting that Associate Justice Antonin Scalia passed away in his sleep last night while on a hunting trip in West Texas.The 79-year-old justice was appointed to the Supreme Court in 1986 after being nominated by President Ronald Reagan. Prior to his death, he was the longest serving of the currently seated justices.

Justice Scalia led a conservative revival on the Supreme Court and became the most visible advocate of the legal theories known as textualism and originalism. Many regard him as one of the most influential justices to sit on the modern Court, and his loss will be felt across the legal profession for years to come.

Monday, February 1, 2016: 

The Supreme Court is now in recess. It’s next sitting will begin on February 22.

Professor Kami Chavis Simmons, former Assistant US Attorney for the District of Columbia and founding member of Law Enforcement Leaders to Reduce Crime and Incarceration, authored our latest response piece, entitled Montgomery v. Louisiana: Baby Steps Toward a More Benevolent Juvenile Justice System. Also keep an eye out later this month for On the Docket‘s preview of this month’s upcoming arguments!   In the meantime, check out Dean Alan Morrison’s discussion of What’s at Stake Before the Supreme Court this term.

Sunday, January 26, 2016: 

The Supreme Court is now in recess. It’s next sitting will begin on February 22.

In the mean time, be sure to check out administrative law expert Professor Emily Hammond’s response to last week’s decision in FERC v. Electric Power Supply Association. And stay tuned for a word on the landmark sentencing decision inMontgomery v. Louisiana from Professor Kami Chavis Simmons, former Assistant US Attorney for the District of Columbia and member of Law Enforcement Leaders to Reduce Crime and Incarceration!

Monday, January 25, 2016:

This morning, the Supreme Court issued summary decisions in two cases, Amgen v. Harris and James v. Boise.

The court also released opinions in FERC v. Electric Power Supply AssociationMenominee Indian Tribe of Wisconsin v. United StatesMusacchio v. United States, and Montgomery v. Louisiana.

Stay tuned for commentary on these and other decisions, and don’t miss famed Supreme Court litigator Alan B. Morrison’s response to last week’s Cambell-Ewald Co. v. Gomez!

Tuesday, January 11, 2016:

The Supreme Court released opinions in two cases this morning. The first, Bruce v. Samuels, clarified that caps on filing fees that may be assessed to a prisoner seeking to assert a claim in forma pauperis should be applied on a per case, not per prisoner basis. The second, Hurst v. Florida, struck down the State of Florida’s death penalty sentencing regime as a violation the the Sixth Amendment. On the Docket detailed both cases in the October and November installments of its preview of the Supreme Court calendar, respectively.

Sunday, November 15, 2015: 

On Friday, the Supreme Court granted review in two new cases, Witmann v. Personhuballah and Whole Woman’s Health v. ColeWittman examines whether race was unconstitutionally used in redistricting a portion of Virginia. At issue is District 3, which was drawn to encompass a primarily black population. The Court’s grant of review in Whole Woman’s Health marks the first time in nearly a decade that the Court will issue a decision concerning abortion regulations. The Texas regulations at issue require abortion clinics to both resemble and be physically near to hospital operating rooms.

Monday, November 9, 2015:

On Friday, the Supreme Court granted review in ten new cases, seven of which involve challenges to the Affordable Care Act’s birth control mandate.

The Court also summarily decided a case without first receiving briefing or hearing oral arguments. The case was Mullenix v. Luna, and through a per curium majority opinion, the Court held that a police officer who shot a suspect who was fleeing in a speeding car did not act so unreasonably that he gave up the immunity from personal law suits that police enjoy for actions taken in the course of their job. Justice Scalia filed a concurring opinion, arguing that the phrase “deadly force” should only ever be used to refer to an actual effort by a police officer to harm a suspect. Justice Sotomayor dissented, claiming that the majority was encouraging police officers to “shoot first, think later.”

Monday, October 26, 2015:

The first month of this term’s arguments have come to a close. Check out On the Docket‘s argument synopses here.  Also, don’t forget to keep an eye out for the petitions the Supreme Court might grant during their upcoming conference on Friday, October 30 and don’t miss On the Docket‘s argument previews for November’s cases coming soon!

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