The Calm Before the Storm: Weekly Brief for June 22

This week was relatively quiet, especially as the Court nears the end of its term. The Justices decided just two cases: Liu v. SEC (an arcane securities law case) and DHS v. Thuraissigiam (challenging asylum denials in court). They didn’t grant any new cases. Court-watchers enjoyed a brief lull after the tumultuous Title VII and DACA decisions last week, but that lull won’t last long. We’re the unguarded tree in the photo above, facing an impending deluge of 13 major decisions to be handed down over the next few weeks. So as we await the Court’s decisions in matters concerning abortion, Trump’s tax returns, religious liberty, Obamacare, free speech, and the Electoral College (among others), there’s just one thing to say: I hope you enjoyed the calm before the storm.

Read More »

Litigating Coronavirus: Weekly Brief for May 25

At the outset, this week looked as if it’d be a quiet one; no opinions were expected, and oral arguments wrapped up a few weeks ago. Even this week’s orders list turned out as unremarkable as any. But a series of emergency, coronavirus-related petitions wound up in the Court’s hands. All told, the Court issued rulings on four such petitions, culminating in a 1:00am, Saturday morning decision to reject a California church’s assertion that the state’s stay-at-home orders discriminate against houses of worship (a decision made on a 5:4 vote). So while Court-watchers expected this to be the last “dead-week” before the Court’s term concludes in July, it turned out to be anything but.

Read More »