Monday round-up

By on May 18, 2015 at 8:48 am

Retired Justice John Paul Stevens spoke last week at an annual sports law conference; coverage comes from the Sports Law Blog, which reports that the ninety-five-year-old “regaled the group with stories about baseball’s antitrust exemption, noting where the court erred in relying on stare decisis in the noted ‘baseball trilogy cases.’” Continue reading »

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This week at the Court

By on May 17, 2015 at 12:01 am

On Monday the Court issued orders, which Lyle reported on, and six opinions: Henderson v. United StatesCity and County of San Francisco v. SheehanComptroller of Treasury of Md. v. WynneColeman v. TollefsonTibble v. Edison InternationalHarris v. Viegelahn.

On Thursday the Justices will meet for their May 21 Conference.

 
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Petition of the day

By on May 15, 2015 at 10:15 pm

The petition of the day is:

14-1177

Issue: Whether Michigan v. Bay Mills Indian Community requires the dismissal of a state’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when (1) the suit for declaratory and injunctive relief has been brought against tribal officials - not the tribe; (2) the gaming will occur in Indian country, on the land of another tribe; and (3) the state-tribal compact's arbitration provision does not require arbitration before filing suit.

A Virginia-based non-profit group asked the Supreme Court on Friday to bar state officials in California from gaining access to the lists of people who donate money or services to it.  The Center for Competitive Politics, a vigorous supporter of political free-speech rights that does not get involved in election campaigns, asked for the protection until it can file a formal appeal to the Court on the constitutional dispute.

The Center’s plea (application 14A1179), along with the ruling by the U.S. Court of Appeals for the Ninth Circuit and other Circuit Court orders, can be read here.  It was filed with Justice Anthony M. Kennedy, who handles emergency matters from that geographic region.  He can act on his own or share the issue with his colleagues. Continue reading »

 
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Justice Bradley

Justice Bradley

On Wednesday evening, Justice Ruth Bader Ginsburg hosted the second lecture in the 2015 Leon Silverman Lecture Series, which focuses on the Supreme Court and Reconstruction. In her lecture at the Court, Pamela Brandwein of the University of Michigan sought to unravel the conventional wisdom, which originated with historian C. Vann Woodward, that the Court killed Reconstruction.

According to the conventional view, after Lincoln’s death, his wobbly “new birth” for the nation plowed into the Court’s state action doctrine and promptly received the kiss of death from the Compromise of 1877. At that point, Democrats took control over Reconstruction policy; Republicans did the same for economic policy, leading them to abandon their black constituents. In the conventional story, Justice Joseph P. Bradley is portrayed as a key antagonist in the plot against Reconstruction, and as the progenitor of a jurisprudence that crippled the Fourteenth and Fifteenth Amendments.

In keeping with the revisionist theme of this year’s lecture series, which has also, at least thus far, sought to partially redeem Reconstruction-era Justices, Brandwein’s point of departure for the evening was that the conventional wisdom is largely a myth. Continue reading »

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Friday round-up

By on May 15, 2015 at 10:43 am

Next Term’s Spokeo v. Robins, in which the Court will consider whether Congress can confer standing on a plaintiff who has not suffered any concrete injury by authorizing a private right of action for a violation of a federal statute, has prompted two different commentators to weigh in. In an op-ed for The New York Times, William Baude suggests that the Court’s decision to grant review in the case “may have the surprising effect of causing the court to postpone its ruling in Zivotofsky v. Kerry, a major case about separation of powers and foreign affairs that the court is expected to decide any day now.” And at the International Municipal Lawyers Association’s Appellate Practice Blog, Lisa Soronen suggests that, even if the Court were to rule that Congress cannot confer standing, Robins “may still have recourse against Spokeo” in state court, where “standing rules tend to be more permissive.” Continue reading »

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Petition of the day

By on May 14, 2015 at 10:16 pm

The petition of the day is:

14-740
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in this case.

Issue: Whether the good faith exception to the exclusionary rule applies to a search warrant that is itself the fruit of the poisonous tree.

 
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At its Conference on May 14, 2015, the Court will consider petitions seeking review of issues such as pretrial restraint of a criminal defendant’s untainted assets under the Fifth and Sixth Amendments, retaliation for speech and association protected by the First Amendment, and the constitutionality of a San Francisco gun ordinance.

This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.  Our policy is to include and disclose all cases in which Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, represents either a party or an amicus in the case, with the exception of the rare cases in which Goldstein & Russell represents the respondent(s) but does not appear on the briefs in the case.

Continue reading »

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Thursday round-up

By on May 14, 2015 at 9:12 am

On Monday night the Shakespeare Theater hosted its annual mock trial, based on the musical Man of La Mancha.  Justice Ruth Bader Ginsburg served as the Chief Justice for the event, joined by Justice Stephen Breyer, Chief Judge Merrick Garland and Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit and U.S. District Judge Amy Berman Jackson.  Kali Borkoski covered the event for this blog, with Tony Mauro doing the same for the Blog of Legal Times (subscription or registration required). Continue reading »

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Petition of the day

By on May 13, 2015 at 10:15 pm

The petition of the day is:

14-1145

Issue: Whether, under Holland v. Florida, a court may impose a per se rule precluding the application of equitable tolling to a 28 U.S.C. § 2255 petition where a petitioner relies to his detriment on binding circuit precedent that would have rendered his claim futile.

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