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.

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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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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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Partisan Gerrymandering: Rucho v. Common Cause

Partisan gerrymandering refers to the redrawing of a state’s congressional districts with the objective of catering to the interests of one political party over another. Often, the party doing the redistricting purposefully redraws the districts in such a way as to ensure that more of their members get elected to Congress than in an otherwise fairly-drawn map. The result is either a “cracked” district—a bizarre, jagged-looking district in which the other party’s members are divided among multiple other districts, so that they do not constitute a majority in any—or a “packed” district—a small, normally urban district in which the opposing party’s members are crammed so that they win by a landslide and “waste” many votes that could have been useful elsewhere. A number of these districts have been the subject of lawsuits, which have percolated their way through the federal courts. After punting on several such cases in recent years, the Supreme Court on Thursday finally answered the question of whether federal courts can strike down partisan gerrymandering—and gave what many might say is a profoundly surprising answer.

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