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16 Jun Texas Democrats ask justices to allow mail-in voting for all (Updated)
With just over two weeks remaining before the deadline to request mail-in ballots for the upcoming primary runoff election, the Texas Democratic Party and a group of Texas voters have asked the Supreme Court to reinstate a ruling by a federal trial court that would...
16 Jun Relist Watch: And then there was one
John Elwood reviews Monday’s relist. Whatever the opposite of “status quo watch” is, that is what we have this week. In one remarkable day, the Supreme Court denied review to the 10 relisted firearm cases (over the dissenting opinion of Justice Clarence Thomas, joined by...
16 Jun Symposium: Progressive textualism and LGBTQ rights
Katie Eyer is a professor of law at Rutgers Law School. She co-authored an amicus brief on behalf of scholars of statutory interpretation and equality law arguing that textualism required a finding in favor of LGBTQ employees. Title VII has prohibited discrimination “because of …...
15 Jun Court sends case of Texas death-row inmate back for new look (Corrected)
The justices revived the case of Terence Andrus, a Texas inmate who was sentenced to death for the 2008 shootings of two people during an attempted carjacking in a grocery-store parking lot. The lawyer who was appointed to defend Andrus didn’t meet with him for...
15 Jun After long wait, court spurns gun-rights challenges
In late April the Supreme Court sent a challenge to the constitutionality of New York City’s ban on the transport of handguns outside the city back to the lower court without ruling on whether the ban was constitutional. By a vote of 6-3, the justices...
15 Jun Empirical SCOTUS: Interesting meetings of the minds of Supreme Court justices
Unanimity in the Supreme Court used to be the norm. In the early years of court history there were few dissents, and so there was little opportunity to examine differences between the justices outside of how they authored their majority opinions. This practice has changed...
10 Jun Sequel Watch
John Elwood reviews Monday’s relists. For more than a month, most of the relist action has featured big knots of relists involving just two blockbuster issues — challenges to qualified immunity and Second Amendment challenges to firearm regulations and not much else. This week, as...
04 Jun Thursday round-up
Briefly: At AP, Jessica Gresko reports that “when a justice is truly steamed to be on a decision’s losing side, the strongest form of protest is reading a summary of the dissent aloud in court”; because the pandemic is keeping the court off the bench...
03 Jun Relist Watch
John Elwood reviews Monday’s relists. Even as the world grows more topsy-turvy by the minute, the Supreme Court’s relists this week are heavily a status quo affair. The gun cases are still there. The qualified immunity cases are still there. And the two ancient serial...- 1
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