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.
“I’m expecting a decision that is either all or nothing. And, I expect that the Court will rule that there is a constitutional right that protects same-sex couples’ right to marry.” Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law and author most recently of Marriage Equality […]
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.