Tag: SCOTUS
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U.S. Supreme Court postpones March sitting, closes indefinitely
The U.S. Supreme Court announced it was postponing the 11 hours of oral arguments originally scheduled during its March sitting. In a press release, the court said the delay was “in keeping with public health precautions recommended in response to COVID-19.” The court has heard arguments in 59 of the 73 cases it accepted to…
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SCOTUS accepting new cases for 2020-2021 term
The Supreme Court of the United States has begun accepting cases for its 2020-2021 October term. As of March 12, 2020, the court had agreed to hear six cases during the term. The following list of the cases is sorted by the cases’ court of origination: 3rd Circuit • Fulton v. City of Philadelphia, Pennsylvania…
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Justice Gorsuch argues against deference in criminal cases
Justice Gorsuch released a statement critical of applying Chevron deference to laws involving criminal penalties following the U.S. Supreme Court’s March 2 decision not to hear Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives. The case challenged the Trump administration’s decision to outlaw bump stocks through regulation. Under Chevron deference, federal courts must defer…
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Fifth Circuit upholds limits on presidential removal power over CFPB head
A panel of judges on the U.S. Court of Appeals for the Fifth Circuit decided 2-1 to uphold the structure of the Consumer Financial Protection Bureau (CFPB). The court’s March 3 opinion said that the legal restrictions on the president’s authority to remove the head of the agency were “valid and constitutional.” Judge Stephen Higginson,…
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SCOTUS issues opinion in case concerning the Immigration Reform and Control Act (IRCA)
On March 3, 2020, the Supreme Court of the United States issued its ruling in Kansas v. Garcia, a case concerning the Immigration Reform and Control Act (IRCA). In the case, Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara were each convicted of identity theft in Johnson County, Kansas. They each appealed their convictions to the…
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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…