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.
This past Monday, the Supreme Court in Allen v. Cooper struck down a 1990 Congressional statute that had allowed citizens to sue a state in federal court for copyright infringement. The case arose after a marine salvage company discovered the wreck of the Queen Anne’s Revenge, Blackbeard’s famous pirate ship, off the coast of North Carolina and recorded documentary footage of the discovery. When North Carolina published some of the footage in various media, the company sued the state for copyright infringement. The question before the Court was whether the Constitution gives Congress the power to rescind the states’ sovereign immunity from copyright infringement claims. Justice Kagan answered “no” with a 7:2 majority, leaving the company marooned. (For lovers of wordplay and maritime puns, this piece is for you.)
The last week of oral arguments for the November sitting was one that certainly should grab your attention. The Justices heard arguments about the Trump administration’s push to rescind the Deferred Action for Childhood Arrivals program; a case involving a U.S. Border Patrol agent who shot and killed a Mexican teenager across the U.S.–Mexico border; a civil rights case between Comcast and an African-American who owns Entertainment Studios Network; and a case that could have significant ramifications in the world of bankruptcy law. In addition, the Court added three cases to its docket, including a blockbuster copyright dispute between Google and Oracle; declined a petition for a stay of execution; saw its newest Justice (Brett Kavanaugh) give his first public speech since a disputatious confirmation process; and received an appeal from President Trump concerning a subpoena for his personal tax returns. With all that, here’s your brief for the week of November 11.
The Justices heard arguments in six cases this week: a wildly complicated case that blends statutory interpretation with federal immigration law; a Fourth Amendment search and seizure case about traffic stops; two maritime cases, one of which actually concerns admiralty law while the other stems from the discovery of Blackbeard’s pirate ship (yes, you could say Blackbeard’s ship charted a course to the U.S. Supreme Court); a showstopper of an environmental law case; and an ERISA statutory interpretation case that, I admit, nearly put me to sleep. As an added bonus, the Court added a copyright case to its docket and denied a petition for a stay of execution. All in a week’s work for the Nine! Here’s your brief for the week of November 4.