Tag: SCOTUS
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SCOTUS takes up case questioning ACA’s individual mandate
The U.S. Supreme Court agreed to hear a case in its October 2020-2021 term concerning the Patient Protection and Affordable Care Act (ACA). The case, California v. Texas, is consolidated with Texas v. California, and came on a writ of certiorari to the U.S. Court of Appeals for the 5th Circuit. In 2010, President Barack…
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Justice Thomas signals reconsideration of judicial deference doctrine
Justice Clarence Thomas wrote on February 24 that he would reconsider his 2005 Brand X opinion. He made his remarks while dissenting from the U.S. Supreme Court’s decision not to hear Baldwin v. U.S., which challenged Brand X. Thomas argued that Brand X appears to be “inconsistent with the Constitution, the Administrative Procedure Act (APA),…
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U.S. Supreme Court allows DHS to enforce public charge rule in Illinois
The U.S. Supreme Court on February 21 voted 5-4 to allow the U.S. Department of Homeland Security (DHS) to enforce in Illinois a rule that allows the federal government to deny immigrants a visa or a green card if they rely on government assistance. The court let DHS enforce the same rule elsewhere in the…
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U.S. Supreme Court includes birth control case on April argument calendar
A U.S. Supreme Court case scheduled for April 29 could clarify when notice-and-comment procedures satisfy the requirements of the Administrative Procedure Act (APA), allowing individuals to challenge more federal laws and regulations on religious grounds. The case, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania , is about whether the Trump administration had…
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U.S. Supreme Court issues opinions in four cases
On February 25, the Supreme Court of the United States issued opinions for four cases: McKinney v. Arizona, Rodriguez v. Federal Deposit Insurance Corporation, Hernandez v. Mesa, and Monasky v. Taglieri. In the case McKinney v. Arizona, James McKinney was convicted of first-degree murder and sentenced to death in 1993. The Arizona Supreme Court affirmed…
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U.S. Supreme Court releases April argument calendar
The U.S. Supreme Court has released its April argument calendar for the 2019-2020 term. The court will hear eight hours of oral argument in 11 cases between April 20 and April 29. The cases are as follows: April 20, 2020 City of Chicago, Illinois v. Fulton April 21, 2020 McGirt v. Oklahoma Texas v. New…
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U.S. Supreme Court releases March argument calendar
The U.S. Supreme Court has released its March argument calendar for the 2019-2020 term. The court will hear 11 hours of oral argument in 14 cases between March 23 and April 1. As of January 2020, the court had agreed to hear 73 cases and had issued decisions in four cases during its 2019-2020 term.…
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Justice Neil Gorsuch argues against nationwide injunctions
U.S. Supreme Court Justice Neil Gorsuch, joined by Justice Clarence Thomas, wrote a concurring opinion to a recent case arguing that lower courts often abuse their judicial powers when they issue nationwide injunctions. Gorsuch ended his opinion saying he hoped that the U.S. Supreme Court would resolve questions about the rise of nationwide injunctions. The U.S.…
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U.S. Supreme Court allows DHS to enforce public charge rule
The U.S. Supreme Court on January 27 voted 5-4 to allow the U.S. Department of Homeland Security (DHS) to begin enforcing a rule that authorizes the federal government to deny immigrants a visa or a green card if they rely on government assistance. DHS issued the final rule detailing how federal agencies determine the inadmissibility…