Issue: (1) Whether a district court exercising inherent equitable power may impose a monetary sanction in an amount that exceeds the defendant’s unjust enrichment (as the Seventh, Eighth, and Ninth Circuits have held, in conflict with the Second, Third,
and Eleventh Circuits); (2) whether the standard of Rufo v. Inmates of Suffolk County Jail – which held
that Federal Rule of Civil Procedure 60(b)(5) permits modifying consent decrees based on a “significant change in circumstances” – applies to all modification requests (as the First, Sixth, and Ninth Circuits have held), only those made by defendants (as the Third and D.C. Circuits have held), only those in institutional reform cases (as the Federal Circuit has held), only those in cases affecting the public interest (as the Second Circuit has held), or only those made by defendants in institutional reform cases (as the Seventh Circuit
held here); and (3) whether advertisements for a book that extensively quote the book are “inextricably intertwined” with fully protected speech and thus entitled to full First Amendment protection.
Proceedings and Orders
Apr 19 2012
Application (11A1005) to extend the time to file a petition for a writ of certiorari from April 29, 2012 to June 28, 2012, submitted to Justice Kagan.
Apr 23 2012
Application (11A1005) granted by Justice Kagan extending the time to file until June 28, 2012.
The Court issued additional orders from the November 24 Conference on Monday. The Court also heard oral arguments in two cases on Monday morning. We expect opinions in argued cases tomorrow at 10 a.m., and the Court will hear oral arguments again on Tuesday and Wednesday at 10 a.m. The hearing list for the December sitting is here. On Friday the Justices will meet for their December 4 Conference; our list of “petitions to watch” for that Conference is available here.
Zubik v. Burwell Does the availability of a regulatory method for nonprofit religious employers to comply with the HHS contraceptive mandate eliminate the substantial burden on religious exercise in violation of RFRA that the Court recognized in Burwell v. Hobby Lobby Stores, Inc.?
Whole Woman’s Health v. Cole Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
Evenwel v. Abbott Does the "one-person, one-vote" principle require states to use voter population, as opposed to total population, when drawing state legislative districts?
Hines v. Alldredge Whether restrictions on occupational speech are subject to First Amendment scrutiny, or only rational-basis review.
Paske v. Fitzgerald (1) Whether the rule in USPS Bd. of Governors v. Aikens applies to the evaluation of a discrimination claim at summary judgment; and (2) whether a plaintiff claiming discrimination is required to prove, as an element of a prima facie case, that he or she was treated less favorably than a “nearly identical” “similarly situated” individual who is not a member of the protected class, a Fifth Circuit requirement which courts have characterized as “stringent,” “strict,” and “demanding.”
Chief Justice John Roberts says, “‘History didn’t end in 1965.’ But, what he misses is that voter suppression didn’t end in 1965, either . . . . This particular part of the Voting Rights Act that he didn’t like, Section 5, it blocked 3000 discriminatory voting changes from 1965 to 2013.” In this excerpt from the four-part GOVERNINGWorks interview, Ari Berman […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.