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Four more decisions this morning, including a couple of biggies. In American Legion v. American Humanist Association (No. 17-1717), the Court reversed the Fourth Circuit’s decision holding that a memorial “peace cross” on public land violated the Establishment Clause, albeit in a highly fractured decision. Justice Alito wrote a partial-majority/partial-plurality opinion, joined in full by the Chief, Breyer, and Kavanaugh, and in part by…

Read More Gamble v. United States (No. 17-646), Manhattan Community Access Corp. v. Halleck (No. 17-702), Virginia Uranium v. Warren (No. 16-1275), Virginia House of Delegates v. Bethune-Hill (No. 18-281)

Well, we’d hoped to have last week’s update out by Friday, but guess who had other plans? Virginia Katherine Roth, born Thursday, June 13, 2019. Congratulations, Dave! (Nice timing, Virginia.) Since Virginia was born, the Supreme Court has handed down four more opinions (two of which bear her name!): Gamble v. United States (No. 17-646), reaffirming the “separate sovereigns” exception to the Double Jeopardy…

Read More Return Mail Inc. v. U.S. Postal Service (No. 17-1594), Quarles v. United States (No. 17-778), Parker Drilling Management Services v. Newton (No. 18-389)

As promised, we’re back with summaries of the four decisions the Court handed down earlier this week. There’s a lot to get through, so we’ll proceed right to it.

First up, in Taggart v. Lorenzen (No. 18-489), a unanimous Court provided helpful guidance to anyone who wants to try to collect a debt in violation of a bankruptcy court’s discharge order: You can only…

Read More Taggart v. Lorenzen (No. 18-489), Fort Bend County v. Davis (No. 18-525), Azar v. Allina Health Services (No. 17-1484), Mont v. United States (No. 17-8995)

The annual June deluge has commenced, with four new opinions yesterday: Azar v. Secretary of Health and Human Services (No. 17-1484), holding that the Government violated its statutory obligation to provide notice and a 60-day comment period when it issued a new rule regarding Medicare payments to hospitals; Taggart v. Lorenzen (No. 18-489), holding that a bankruptcy court may hold a creditor in…

Read More Box v. Planned Parenthood of Indiana and Kentucky (No. 18-483), Nieves v. Bartlett (No. 17-1174), Home Depot USA v. Jackson (No. 17-1417), Smith v. Berryhill (No. 17-1417)

Three more decisions to report this week, adding to the list we’ll be discussing next week at the New Haven Lawn Club. We’re grateful and excited to have Professors Kate Stith and Stephen Gilles on board to help us talk through OT18’s cases and themes, as well as what to expect in the coming June deluge. As a reminder, we’re offering NY and CT CLE…

Read More Mission Product Holdings v. Tempnology, Inc. (No. 17-1657), Merck Sharp & Dohme v. Albrecht (No. 17-290), Herrera v. Wyoming (No 17-532)

The Nine handed down three more decisions this morning, which we’ll have summarized for you in due course, but this Update will cover last week’s news, John Oliver style. There were also three decisions last week, including a significant antitrust defeat for Apple and a decision overruling a somewhat obscure precedent, which had the dissenters worrying about far less obscure precedents. Plus, more sniping over…

Read More Apple, Inc. v. Pepper (No. 17-204), Franchise Tax Board of California v. Hyatt (No. 17-1299), Cochise Consultancy, Inc. v. United States ex rel. Billy Joe Hunt (No. 18-315)