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.
On Monday the Court granted five new cases and called for the views of the Solicitor General in one new case. Lyle reported on those orders. On Tuesday the Court issued two opinions. Tuesday's live blog is archived here. On Wednesday the Court issued three opinions. Wednesday's live blog is archived here. This is the second week of the February sitting. On Friday, the Justices will meet for their March 7 Conference. Our list of “Petitions to watch” for that Conference is here.
Upcoming Oral Arguments
Wood v. Moss Secret Service agents’ plea for immunity from lawsuit for actions taken against demonstrators who were opposed to the president’s policies.
Clark v. Rameker Whether an Individual Retirement Account that an individual inherited rather than created personally is exempted from a bankruptcy estate
Catsimatidis v. Irizarry Whether an individual may be held personally liable
for a corporation’s violation of the Fair Labor
Standards Act merely
because the individual had general control over corporate
affairs, but exercised no personal responsibility
over the conduct that caused the violation.
Justice Elena Kagan delivers the 2014 Justice Ruth Bader Ginsburg Lecture on Women and the Law at the New York City Bar Association, where (among other things) she attributes the “gulf between Justice Ginsburg’s career and” hers to the work of Justice Ginsburg herself.
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.