Most Court-watchers’ attention last Thursday was devoted to the oral argument in Trump v. Anderson (No. 23-719), where candidate Trump seeks to reverse the Colorado Supreme Court’s recent decision barring him from that state’s primary ballot on the ground that he “engaged in insurrection” in and around January 6, 2021. So, they can be
Wiggin and Dana
Mallory v. Norfolk Southern Railway Co. (No. 21-1168), Counterman v. Colorado (No. 22-138), Coinbase, Inc. v. Bielski (No. 22-105)
Today, on what is likely the penultimate day of the term, the Court issued three decisions, including one of the most watched cases of the term:
- In Students for Fair Admission v. President and Fellows of Harvard College (No. 20-1199), a 6-3 Court declared the admissions programs of Harvard College and the University of
Glacier Northwest v. International Brotherhood of Teamsters, Local 174 (No. 21-1449), Slack Technologies v. Pirani (No. 22-200), United States ex rel. Schutte v. SuperValu Inc. (No. 21-1326)
Three more decisions on Thursday as the Court nears the final push of OT22. Though the cases held differing political valences, each essentially clarified the standard for stating various claims in federal court:
- In Glacier Northwest v. International Brotherhood of Teamsters, Local 174 (No. 21-1449), the Court addressed when state-law tort claims can be
Andy Warhol Foundation v. Goldsmith (No. 21-869), Twitter v. Taamneh (No. 21-1496), Gonzalez v. Google (No. 21-1333), Amgen v. Sanofi (No. 21-757), Ohio Adjutant General’s Department v. Federal Labor Relations Authority (No. 21-1454), Polselli v. Internal Revenue Service (No. 21-1599)
Thursday was another busy day at the Court, seeing the release of six (fine, five-plus) decisions:
- In Andy Warhol Foundation v. Goldsmith (No. 21-869), a 7-2 Court held, in a lengthy decision expounding on the “purpose and character” prong of the fair-use test, that the licensing of an iconic Andy Warhol portrait of Prince
National Pork Producers Council v. Ross (No. 21-468), Percoco v. United States (No. 21-1158), Ciminelli v. United States (No. 21-1170), Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (No. 22-96), Santos-Zacaria v. Garland (No. 21-1436)
After a month of inactivity, The Nine were back on Thursday with five new decisions, including a few biggies:
- In National Pork Producers Council v. Ross (No. 21-468), a divided Court upheld a California animal-rights proposition that would indirectly regulate the practices of out-of-state pork producers, in the process narrowing Dormant Commerce Clause doctrine
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (No. 19-431),Our Lady of Guadalupe School v. Morrissey-Berru (No. 19-267)
That’s a wrap! OT19 went out with a bang this morning, as the Court issued its hotly anticipated decisions in Trump v. Vance (No. 19-635) and Trump v. Mazars USA (No. 19-715), concerning ability of the Manhattan District Attorney and the House of Representatives, respectively, to subpoena the President’s financial records. Both 7-2 decisions…