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24 Mar Tuesday’s Brand X Argument

I’m arguing this case for the respondents – the states, companies, and groups that object to an FCC rule – on Tuesday. The case involves the classification of broadband Internet services under the federal communications laws. The case is significant because if a service is...

20 Mar Monday’s Argument in Cutter v. Wilkinson

The battle between Congress and the states over the Religion Clauses continues this Monday, when the Court will hear argument on the constitutionality of a statute imposing on states basically the same strict scrutiny test imposed by the Religious Freedom Restoration Act of 1993 –...

01 Mar Juvenile death sentences nullified

The Supreme Court ruled 5-4 on Tuesday that the death penalty “is a disproportionate punishment for juveniles,” and thus it violates the Eighth Amendment to impose a death sentence on a youthful murderer who committed the crime before age 18. Today, the Court said, “society...

27 Feb Tomorrow’s Argument In Spector v. Norwegian Cruise Line

I’m arguing this case tomorrow at the Court. The question is the extent to which Title III of the Americans With Disabilities Act applies to cruise ships, and foreign-flagged cruise ships in particular. Title III is the statutory provision forbidding discrimination in public accommodations and...