The Taxes Are Back in Town: Weekly Brief for May 11

President Trump’s tax returns? Check. “Faithless” members of the Electoral College? Yep. Whether half of Oklahoma is actually Native American land? Check that one too. And the Establishment Clause’s “ministerial” exception? You got it. The Supreme Court heard oral arguments this week on all of these issues, rounding out what was perhaps the biggest argument week of the term (and also the Court’s last). Given the stature of these cases, you’d be forgiven if you didn’t notice the Court also released one decision this week (it was pretty innocuous). Here’s a recap of the action at our nation’s highest court this past week.

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Traffic Fails and Flushing Tales: Weekly Brief for May 4

The Supreme Court generated a bevy of headlines this week, all for very different reasons. The Court issued two unanimous decisions: In Kelly v. United States, it vacated the fraud convictions of two state officials in the 2013 Bridgegate scandal who caused a traffic fubar by shutting down two lanes of the George Washington Bridge for a few days. And in United States v. Sineneng-Smith, the Court rebuked the Ninth Circuit for abusing its judicial discretion after it wrested control of a criminal case from the parties involved. Meanwhile, the Court heard its first-ever telephonic oral arguments this week. Surprisingly, the project went down quite swimmingly—save for a few mic snafus and the distinctive sound of a toilet flush. Here’s your brief for the week of May 4.

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A Moot Suit: New York State Rifle & Pistol Assn. v. NYC

On April 27, the Supreme Court issued its long-awaited decision in its only Second Amendment case of the term. But what some thought would be a blockbuster decision instead landed with a dull thud; six Justices voted to dismiss the case as “moot” (i.e., no longer presenting a live controversy). Why? Well, after the Court agreed to decide the case, the gun law at issue was repealed. Since the Court cannot adjudge the constitutionality of a law that is no longer on the books, the case was dead. Justice Kavanaugh penned a short concurrence, and Justice Alito authored a long, curious, and (at times) odd dissent. Here’s an in-depth analysis of the Court’s decision and the doctrine of “mootness.”

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A $12 Billion Tab: Weekly Brief for April 27

The Supreme Court handed down three decisions this week, each one consequential in its own regard. In the only Second Amendment case of the term, six Justices found the case to be, well, no longer a case—in other words, they dismissed it as moot and didn’t opine on the Second Amendment implications (see my in-depth analysis of the decision here [forthcoming]). Next, the Court slapped Congress and the Department of Health and Human Services on the wrist—along with a $12 billion tab due private insurers. Finally, a 5:4 majority barred legislators from copyrighting annotations they write to state laws. Here’s your brief for the week of April 27.

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Unanimous Juries (and So Much More): Ramos v. Louisiana

In Ramos v. Louisiana, the Supreme Court held that the Sixth Amendment requires a jury that convicts a defendant to do so unanimously—and that this requirement applies to the states. In the process, the Court struck down non-unanimous jury statutes in Louisiana and Oregon, and overruled Apodaca v. Oregon (1972). But Ramos was not your typical incorporation-doctrine case. References to Jim Crow and racial segregation were sprinkled throughout the case’s opinions; Justice Clarence Thomas wrote extensively on his incorporation philosophy; and, most interestingly, Justice Brett Kavanaugh penned a long, solo concurrence in which he laid out his opinion on stare decisis and when to overrule precedent. Here’s my analysis of Ramos v. Louisiana.

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An Earth Day Extravaganza: Weekly Brief for April 20

Earth Day was Wednesday, April 22. So it was only fitting that the Supreme Court decided its first environmental law cases of the term—two of them, in fact. One dealt with the process for cleaning up “Superfund” sites, and the other with point source pollution permits under the Clean Water Act. But the Court didn’t stop there; four more decisions were handed down: a landmark Sixth Amendment case, for which I wrote an in-depth analysis here; a complex immigration law case, for which you might need multiple cups of coffee and an abacus; and two intellectual property law cases, which, with all due respect, might be best read if you’re trying to fall asleep. Here’s your recap for the week of April 20.

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A Brave New World: Weekly Brief for April 13

Editor’s Note: In light of the COVID-19 pandemic, the Supreme Court remains closed to the public. The building is open for official business only. Some March and April oral arguments have been rescheduled for teleconference in May, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and opinions continue to be issued as scheduled, but the Justices will not take the bench.

The Supreme Court is entering a Brave New World (putting aside Aldous Huxley’s unnerving depictions of a utopian future). On Monday, the Court announced that it will hear oral arguments via teleconference in ten cases that had originally been postponed due to COVID-19. In the process, the Court will make the argument’s audio live to the entire American public for the first time in history. This week’s brief is short, but it details the Court’s symbolic gesture.

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This Week’s Brief: April 6

Editor’s Note: In light of the COVID-19 pandemic, the Supreme Court remains closed to the public. The building is open for official business only. March and April oral arguments have been postponed, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and opinions continue to be issued as scheduled, but the Justices will not take the bench.

This week, the Justices released opinions in two argued cases. One was a win for older federal employees who allege age discrimination in the workplace. The other was a narrow win for police officers in a Fourth Amendment case. But what really made headlines this week was the Court’s wading into the furor surrounding the Wisconsin state primary election. The five conservative Justices voted to overturn a lower court judge’s order to extend the deadline for mailing absentee ballots. This decision may raise some eyebrows—or perhaps even the stomach contents—of some readers. But I would advise you to read before delivering judgment; don’t be so quick to blame the Court.

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This Week’s Brief: March 30

Editor’s Note: In light of the COVID-19 pandemic, the Supreme Court remains closed to the public. The building is open for official business only. March and April oral arguments have been postponed, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and opinions continue to be issued as scheduled, but the Justices will not take the bench.

This week saw a lighter load for the Justices. They issued one opinion (from Justice Sotomayor) in a case that blends maritime and contract law and released an orders list in which they added one case to next term’s docket. Oral arguments that had been scheduled for this week did not take place, postponed out of caution for the health and safety of the Court’s employees. The Court also announced further changes in light of COVID-19: Oral arguments scheduled for the April sitting have been postponed too. The Court stated it will consider rescheduling some cases from the March and April sittings toward the end of June, but only “if circumstances permit in light of public health and safety guidance at that time.” Otherwise, it will be looking at a stunted oral argument calendar and a lengthy layover until O.T. 2020. Here’s your brief for the week of March 30.

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This Week’s Brief: March 23

Editor’s Note: In light of the novel coronavirus pandemic, the Supreme Court remains closed to the public. The building is open for official business only. March oral arguments have been postponed indefinitely, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and Opinions are still being issued as scheduled, but the Justices will not take the bench.

Another somber week followed the last. What was supposed to be the start of the March oral argument session was instead marked by empty gallery seats and closed doors. In response to the ongoing spread of COVID-19, the Court postponed oral arguments, issued orders and opinions in private, and conducted its own weekly conference over the phone. As for its opinions, the Court released four of them. The opinions came in cases ranging from one that interestingly blends copyright infringement, state sovereign immunity, and a pirate ship (I reviewed the case for the blog here); to Kansas’ adoption of a specific kind of insanity defense (or lack thereof); to a race discrimination claim; to a jurisdictional question in immigration procedure. The Court also released a per curiam decision, and Justice Kavanaugh responded to a denial of cert. Here’s your brief for the week of March 23.

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