Yesterday’s Order List brought no new cert grants (for the second week in a row), but it did include the first two decisions of the term—per curiam GRRs (granting cert, reversing, and remanding) in “state on top” habeas cases. Following a familiar pattern in cases arising under the Antiterrorism and Effective Death Penalty Act (AEDPA), in each of yesterday’s opinions, the Court
Read More Dunn v. Madison (17-193), Kernan v. Cuero (16-1468)
Orders: October 20, 2017
We’re back with some more non-opinion news from The Nine to wrap up the week (and the October sitting). Perhaps the biggest SCOTUS news this week occurred outside of Washington, where district judges in both Hawaii and Maryland issued nationwide preliminary injunctions (of slightly different scope) against the latest iteration of President Trump’s “travel ban” setting the challenges up for a likely spot on the
Read More Orders: October 20, 2017
Trump v. Int’l Refugee Assistance Project (16-1436)
Although we’ve got no opinions to report for you this week, we do want to briefly catch up on some news out of One First Street. Earlier this week, the Justices dismissed Trump v. Int’l Refugee Assistance Project (16-1436), one of the two “travel ban” cases that the Court granted certiorari to review on the last day of OT16. The Court concluded that “the
Read More Trump v. Int’l Refugee Assistance Project (16-1436)Orders: October 2, 2017
And welcome back! October Term 2017 got underway this morning with argument in Epic Systems Corp. v. Lewis (No. 16-285), a case concerning the enforceability of individual arbitration clauses in employment contracts. That could be a case of great significance to the employment and class-action bars. But for the labor lawyers out there, there was even bigger news late last week, when the Court
Read More Orders: October 2, 2017
Ziglar v. Abassi (15-1359) and Hernandez v. Mesa (15-118)
Told you we’d back soon. This time, we’ve got summaries of two decisions relating to the availability of the implied damages remedy for constitutional violations by federal officials announced in the Court’s 1971 decision, Bivens v. Six Unknown Federal Narcotics Agents.
Ziglar v. Abassi (15-1359) and its two companion cases arose in 2002, when a group of non-citizen, mostly Arab men detained in
Read More Ziglar v. Abassi (15-1359) and Hernandez v. Mesa (15-118)
Murr v. Wisconsin (15-214), Microsoft v. Baker (15-457), Lee v. United States (16-327), and Perry v. Merit Systems Protection Board (16-399)
Though OT16 was gaveled to a close yesterday, the work of the clerk’s office continued this morning with the issuance of additional orders from yesterday’s “clean up conference,” including five new cases accepted for argument next Term. Our work continues, too, as we make our way through the long list of decisions handed down in the last few days of this Term. In this Update
Read More Murr v. Wisconsin (15-214), Microsoft v. Baker (15-457), Lee v. United States (16-327), and Perry v. Merit Systems Protection Board (16-399)