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Posts by Jordan Fischer

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Supreme Court to Hear Colorado Catholic Preschool Funding Fight The US Supreme Court will consider whether Colorado can bar Catholic preschools from a state funding program over their refusal to admit children whose families don’t adhere to church teachings on gen...

SCOTUS will hear a plea from Catholic schools who say they're being unlawfully excluded from Colorado's universal pre-k program on religious grounds.

Could have been a vehicle to revisit Employment Division v. Smith but the justices decline to do so. news.bloomberglaw.com/us-law-week/...

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Sotomayor Apologizes for ‘Hurtful’ Criticism of Kavanaugh Supreme Court Justice Sonia Sotomayor issued a public apology for criticism she levied toward colleague Brett Kavanaugh during a speaking appearance last week.

NOW: Justice Sonia Sotomayor issues rare public apology following her equally rare public swipe last week at Brett Kavanaugh.

"I regret my hurtful comments," Sotomayor says in a statement released by the court, adding that she's apologized to Kavanaugh. news.bloomberglaw.com/business-and...

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Jackson Says Court’s Emergency Orders Risk ‘Zombie’ Proceedings Justice Ketanji Brown Jackson warned the Supreme Court’s handling of its emergency docket risks creating “zombie proceedings” in lower courts, continuing a pattern of public criticism from the court’s...

Justice Ketanji Brown Jackson again levies criticism of the Supreme Court's handling of its emergency docket, saying it risks public confidence and could create "zombie proceedings" that drag on in lower courts after SCOTUS has already tipped its hand. news.bloomberglaw.com/business-and...

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Sorry Anna, I've discovered Matthew McConaughey's self-narrated audio book and now I just have to listen to that on repeat.

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Sotomayor Faults Kavanaugh Over Immigration Stops Concurrence Justice Sonia Sotomayor criticized a fellow member of the US Supreme Court for failing to grasp the real-world effects of an unsigned order last year that allowed immigration enforcement sweeps in Los...

“I had a colleague in that case who wrote, you know, these are only temporary stops," Sotomayor said. "This is from a man whose parents were professionals. And probably doesn’t really know any person who works by the hour." @jordanonrecord.bsky.social reports

news.bloomberglaw.com/us-law-week/...

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Sotomayor Faults Kavanaugh Over Immigration Stops Concurrence Justice Sonia Sotomayor criticized a fellow member of the US Supreme Court for failing to grasp the real-world effects of an unsigned order last year that allowed immigration enforcement sweeps in Los...

Justice Sotomayor, who didn't hold back last year when the court allowed immigration stops to resume in LA, had more to say tonight about the only one of her Supreme Court colleagues willing to put his name on that decision. news.bloomberglaw.com/us-law-week/...

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The Supreme Court will not take Steve Bannon up on his request to rule on the precedent underlying his conviction. Instead, it grants cert only to send it back down to the lower courts, where the DOJ decided earlier this year to abandon the case.

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Justice Alito Sought Medical Care After Falling Ill Last Month Justice Samuel Alito was examined by a doctor last month after falling ill during an event in Philadelphia, according to a US Supreme Court spokeswoman.

The Supreme Court says Justice Samuel Alito was seen by a physician last month after falling ill during an event in Philadelphia. He showed no signs of lingering illness during arguments this week.

(h/t to Joan Biskupic, who first reported the news.) news.bloomberglaw.com/ip-law/justi...

2 weeks ago 1 1 1 1
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Citing in part SCOTUS' presidential immunity decision in Trump v. United States, OLC argues the Presidential Records Act is unconstitutional.

Opinion acknowledges court's post-Watergate ruling about Nixon's records could be an issue: Link: www.justice.gov/olc/media/14...

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The president has further considered yesterday's arguments, it seems.

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Justices Dubious Of ‘Obscure’ Sources in Trump Birthright Case US Supreme Court justices on both sides of the ideological divide sharply questioned the historical scholarship the Trump administration relied on to support its bid to overturn the constitutional gua...

SCOTUS didn't exactly seemed impressed by the SG's sources & examples today, calling them at various points "obscure," "esoteric" and "quirky."

Kagan questioned cite to a Lincoln funeral oration. Gorsuch asked why he was hearing about Roman law. news.bloomberglaw.com/us-law-week/...

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No sense from the president that he thinks things went well today.

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Sauer shouting in obvious frustration while responding to questions from both Justices Kagan and Gorsuch. Gorsuch previously quipped that Sauer was going to "Roman law sources."

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Solicitor General John Sauer says it's "a new world" now because 8 billion people are a plane ride away from having a child who is a U.S. citizen.

Chief Justice Roberts: "It's a new world. It's the same Constitution."

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ACLU Prepares for Supreme Court Fight on Birthright Citizenship The ACLU’s Cecillia Wang is set to challenge the Trump administration next month in a case that could reshape the scope of birthright citizenship in the United States.

Arguing in defense of birthright citizenship today will be ACLU National Legal Director Cecillia Wang.

It's her second case before the Supreme Court, where she once clerked for Justices Harry Blackmun and Stephen Breyer. news.bloomberglaw.com/us-law-week/...

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"After all, the White House does not belong to any one man - not even a president!"

Judge Richard Leon drops at least 18 of his trademark exclamation points in ordering a stop to construction on Trump's White House ballroom (delays enforcement for 14 days so DOJ can appeal)
buff.ly/WG6ktOX

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Liberal Bloc Splits in Supreme Court’s Conversion Therapy Ruling Justice Ketanji Brown Jackson penned the lone dissent as the US Supreme Court ruled in favor of a Christian counselor challenging a Colorado law prohibiting conversion therapy for minors, warning the ...

Justice Jackson penned the lone dissent today as SCOTUS backed a Christian counselor's challenge to Colorado's conversion therapy ban.

Justice Kagan says she's "reimagining" the court's longstanding distinction between viewpoint and content-based restrictions. news.bloomberglaw.com/us-law-week/...

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Supreme Court Leans Toward Convicted Saudi Spy on Venue Question The US Supreme Court appeared ready to side with a former Twitter employee convicted of spying for Saudi Arabia who says he was charged with obstructing an investigation in the wrong venue.

The Supreme Court appears ready to side with a former Twitter employee convicted of spying for Saudi Arabia who says DOJ charged him in the wrong venue.

Clear the government was in a tough spot when multiple justices brought up the Boston Tea Party. news.bloomberglaw.com/us-law-week/...

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In its second and final opinion of the day, the Supreme Court holds unanimously that Internet service providers aren't liable for users' copyright infringement.

Justice Thomas writes for the court. Link: www.supremecourt.gov/opinions/25p...

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In the first opinion of the day, the Supreme Court holds 8-1 that the fugitive-tolling doctrine does not apply to individuals who abscond during supervised release.

Justice Alito writes in dissent. Link: www.supremecourt.gov/opinions/25p...

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Supreme Court Considers Fate of Defunct Border Turnback Policy The US Supreme Court appeared divided over what, if anything, to do about a defunct government policy that allowed immigration officers to stop some asylum seekers before reaching the southern border.

The Supreme Court today considered whether to revive "metering" -- a rescinded policy that allowed immigration officers to turn back asylum seekers at the Mexican border.

Another option: Just dismiss the whole case as moot. news.bloomberglaw.com/business-and...

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Supreme Court Won’t Hear DNA Appeal From Texas Death Row Inmate The US Supreme Court has again declined to hear an appeal from a Texas death row inmate who says DNA testing of evidence in his case could clear his name.

The Supreme Court has declined for a second time to hear an appeal from Rodney Reed, a Texas death row inmate who says DNA testing could prove his innocence in a 1998 murder conviction.

The court previously allowed his civil rights claim to proceed.
news.bloomberglaw.com/ip-law/supre...

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Justices Reverse Appeals Court on Qualified Immunity for Officer A Vermont police officer who used a restraint technique known to be painful to remove a protester from the state capitol in 2015 is protected from a civil rights lawsuit under qualified immunity, the ...

The court also declines to hear a challenge to a 5th Circuit ruling granting qualified immunity to officials in Texas accused of targeting a journalist for arrest because they didn't like her reporting.

Justice Sotomayor writes in dissent on both.
news.bloomberglaw.com/ip-law/justi...

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Justices Reverse Appeals Court on Qualified Immunity for Officer A Vermont police officer who used a restraint technique known to be painful to remove a protester from the state capitol in 2015 is protected from a civil rights lawsuit under qualified immunity, the ...

The Supreme Court reverses the 2nd Circuit, saying a Vermont officer enjoys qualified immunity for using a painful rear wristlock to remove a protester from the state capitol in 2015.

All three liberal justices dissent. news.bloomberglaw.com/ip-law/justi...

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Writing for the unanimous court, Justice Kagan says some language in Justice Scalia's 1994 opinion in Heck v. Humphrey may have "swept too broad."

It did not consider, and was never meant to bar, purely forward-looking civil rights suits like Olivier's.

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Supreme Court Rules for Street Preacher Challenging Ordinance An evangelical street preacher may challenge a Mississippi city ordinance restricting where protests may occur notwithstanding his prior conviction under the law, the Supreme Court ruled unanimously.

The Supreme Court rules unanimously in favor of Evangelical street preacher Gabriel Olivier, who filed a civil rights challenge to a Mississippi city ordinance he was previously convicted under.

His suit isn't barred by Heck v. Humphrey, court says.
news.bloomberglaw.com/ip-law/supre...

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Mentions of Justice Scalia Surge at Conservative-Dominated Court References to the late Justice Antonin Scalia spiked during Supreme Court oral arguments this year, highlighting his lasting influence on how the court interprets the law.

On what would be Justice Antonin Scalia's 90th birthday, reupping my story w/ @justinfwise.bsky.social about how, 10 years after his death, the late justice's name carries more weight than ever at the Supreme Court. news.bloomberglaw.com/us-law-week/...

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Federal Public Defenders Launch Hub for Supreme Court Cases (1) Federal public defenders are launching a centralized effort to coordinate Supreme Court litigation in order to sharpen the defense bar’s performance before the justices.

Federal public defenders are standing up a new Supreme Court Advocacy Project.

To lead it, they've tapped Ashley Robertson, a former clerk to Justice Kagan who argued two cases this term for the SG's office. news.bloomberglaw.com/us-law-week/...

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Supreme Court to Hear Air Force Challenge in Guam Munitions Case The US Supreme Court agreed to review a dispute over a permit allowing the US Air Force to detonate hazardous munitions in Guam.

The Supreme Court will take up a dispute over a permit allowing the US Air Force to detonate hazardous munitions in Guam. news.bloomberglaw.com/us-law-week/...

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Justices Signal Openness to Expanding Appeal Waiver Exceptions The US Supreme Court appeared open to broadening the circumstances in which criminal defendants can challenge sentencing conditions despite having signed plea agreements waiving their appellate rights...

SCOTUS signals it may expand options for criminal defendants who sign plea deals to appeal their sentences.

Several justices balked at the Trump admin's position, which argued appeal waivers are enforceable even for sentences motivated by racism/sexism. news.bloomberglaw.com/business-and...

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