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22 Apr Relist Watch: The lockdown continues
John Elwood reviews Monday’s relists. It’s to be expected that the sixth week of quarantine will feel like a low point. All the time with your family is making things tense; eating at home is getting monotonous; the days cooped up inside are beginning to...
08 Apr Wednesday round-up
Joan Biskupic writes at CNN that the court’s ruling Monday in Republican National Committee v. Democratic National Committee, which blocked a lower court order extending the deadline for mailing absentee ballots in Wisconsin’s election because of the coronavirus pandemic, “reflects Chief Justice John Roberts’ cramped...
07 Apr Opinion analysis: Court upholds stop of vehicle based on registered owner’s having revoked license
In a narrow opinion, the U.S. Supreme Court held yesterday that a Kansas police officer had reasonable suspicion to stop a vehicle about which he knew nothing more than that its registered owner had a revoked driver’s license. Justice Clarence Thomas wrote for the court...
13 Mar Ask the author: Lawyers’ law – Those who helped the Supreme Court shape the environmental law of the land
The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020). Lazarus is the Howard and Katherine...
10 Mar Symposium: No. The founders did not want Congress doing criminal investigations – even of Trump
Posted at 13:00h
in Featured, Symposium before oral argument in Trump v. Vance and Trump v. Mazars
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Burlette Carter is a professor emerita of law at the George Washington University Law School and author of “Can a Sitting President Be Federally Prosecuted: The Founders Answer.” She filed an amicus brief in support of reversal in Trump v. Mazars. On March 31, the...
31 Jan Symposium: Will the Supreme Court legitimate pretext?
Posted at 10:00h
in Featured, Symposium before oral argument in June Medical Services v. Russo
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Aziza Ahmed is a professor of law at Northeastern University School of Law. She joined an amicus brief on behalf of reproductive justice scholars in support of the petitioners in June Medical Services v. Gee. When the Supreme Court decided Whole Woman’s Health v. Hellerstedt...
17 Dec Ask the author: The enduring and controversial legacy of the Warren Court
The following is a series of questions posed by Ronald Collins to Geoffrey Stone and David Strauss in connection with their new book, “Democracy and Equality: The Enduring Constitutional Vision of the Warren Court” (Oxford University Press, 2020). Geoffrey Stone is the Edward H. Levi...
03 Dec Argument preview: What arguments are preserved, and how, in federal sentencing appeals?
When a federal criminal defendant has already requested a lower sentence than the judge ultimately imposes, must that defendant again note an objection after the sentence is announced, to preserve anything other than “plain error” appellate review? The general doctrine that a failure to object...
09 Oct Argument preview: Preemption of state identity-theft prosecutions of noncitizens
In Kansas v. Garcia, the state of Kansas appeals the Kansas Supreme Court’s ruling that the federal Immigration Reform and Control Act preempts the state’s prosecution, under state identity- and information-theft statutes, of three unauthorized noncitizens who used stolen social security numbers to gain employment....- 1
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