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This Week at the Court
The Supreme Court will release orders from the November 16 conference on Monday at 9:30 a.m; John Elwood’s Relist Watch compiles the petitions that were relisted for this conference.The calendar for the December sitting, which will begin on Monday, November 26, is available on the Supreme Court’s website.
Recent Decisions
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
Current Relists
- Andersen v. Planned Parenthood of Kansas and Mid-Missouri Whether the provisions of the Medicaid Act that require participating states to include in their plans the ability of eligible individuals to obtain services from any “qualified” provider, 42 U.S.C. § 1396a(a)(23), but grant states broad authority to exclude providers for violating state or federal requirements, 42 U.S.C. § 1396a(p), indicate that Congress clearly and unambiguously intended to create an implied private right of action to challenge a state’s determination that a provider is not “qualified” under the applicable state regulations.
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Fleck v. Wetch (1) Whether it violates the First Amendment for state law to presume that the petitioner consents to subsidizing non-chargeable speech by the group he is compelled to fund (an “opt-out” rule), as opposed to an “opt-in” rule whereby the petitioner must affirmatively consent to subsidizing such speech; and (2) whether Keller v. State Bar of California and Lathrop v. Donohue should be overruled insofar as they permit the state to force the petitioner to join a trade association he opposes as a condition of earning a living in his chosen profession.
Conference of November 16, 2018
Major Cases
- In re Department of Commerce
Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis. - The American Legion v. American Humanist Association
(1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment. - Gamble v. United States
Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause. - Timbs v. Indiana
Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment. - Apple Inc. v. Pepper
Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
- In re Department of Commerce
Recent Special Features
- Nomination of Brett Kavanaugh to the Supreme Court
- Retirement of Justice Anthony Kennedy
- Symposium on the court’s ruling in Janus v. AFSCME
- Symposium on the court’s ruling in Trump v. Hawaii
- Symposium on October Term 2017’s separation-of-powers and administrative-law decisions
- Symposium on the court’s rulings in Gill v. Whitford and Benisek v. Lamone
- Symposium on the court’s ruling in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
- Symposium on the court’s ruling in Epic Systems Corp. v. Lewis
Statistical Snapshot
see all »Cases argued 22 Cases decided 1 Summary reversals 0 Merits cases granted to date 55 Live Blog Archives
- Day five of confirmation hearing | September 27, 2018
- Day four of confirmation hearing | September 7, 2018
- Day three of confirmation hearing | September 6, 2018
- Day two of confirmation hearing | September 5, 2018
- Day one of confirmation hearing | September 4, 2018
- Nomination | July 9, 2018 (with First Mondays)
- Orders | June 28, 2018 (with Jeffrey Pojanowski and Michael Dorf)
- Opinions | June 27, 2018 (with First Mondays)
- Opinions | June 26, 2018 (with SCOTUS Map and First Mondays)
- Orders and opinions | June 25, 2018 (with John Elwood and First Mondays)
- Opinions | June 22, 2018 (with First Mondays)
- Opinions | June 21, 2018 (with First Mondays)
- Orders and opinions | June 18, 2018 (with First Mondays)
- Opinions | June 14, 2018
- Orders and opinions | June 11, 2018
- Orders and opinions | June 4, 2018
- Orders and opinions | May 29, 2018
- Orders and opinions | May 21, 2018
- Orders and opinions | May 14, 2018
- Opinions | April 24, 2018
- Opinions | April 17, 2018
- Orders and opinions | April 2, 2018
- Opinions | March 27, 2018
- Opinions | March 21, 2018
- Opinions | March 20, 2018
- Orders and opinions | March 5, 2018
- Opinions | February 27, 2018
- Opinions | February 21, 2018
- Orders and opinions | January 22, 2018
- Opinions | November 8, 2017
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On October 24 at Georgetown University Law Center, Justice Elena Kagan spoke about pro bono and public service and other topics with the Bob Carlson of the American Bar Association.
Awards
Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.
