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/...
Posts by Jordan Fischer
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...
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...
Sorry Anna, I've discovered Matthew McConaughey's self-narrated audio book and now I just have to listen to that on repeat.
“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/...
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/...
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.
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...
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...
The president has further considered yesterday's arguments, it seems.
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/...
No sense from the president that he thinks things went well today.
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."
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."
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/...
"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
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/...
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/...
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...
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...
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...
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...
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...
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...
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.
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...
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/...
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/...
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/...
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...