US Supreme Court Center
Frank v. Gaos (March 20, 2019)
Ninth Circuit's approval of a class action settlement in a case against Google is vacated and remanded for consideration of whether any of the named plaintiffs have standing, considering a 2016 Supreme Court holding: “Article III standing requires a concrete injury even in the context of a statutory violation.”
Obduskey v. McCarthy & Holthus LLP (March 20, 2019)
A business engaged in only nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of section 1692f(6).
Nielsen v. Preap (March 19, 2019)
Aliens, not arrested by immigration authorities immediately after their release from jail, are subject to mandatory detention pending their removal hearings.
Washington State Department of Licensing v. Cougar Den, Inc. (March 19, 2019)
An 1855 treaty between the United States and the Yakima Nation preempts the application of a state tax on motor vehicle fuel importers to a tribe member importing fuel to the tribe's reservation.
Air & Liquid Systems Corp. v. DeVries (March 19, 2019)
Where equipment manufactured for Navy ships required the subsequent installation of asbestos parts by the Navy, and the manufacturer had no reason to believe that the product’s users would realize the danger of exposure, the manufacturer had a duty to warn.
Latest Supreme Court News
Now available on Oyez: This week’s oral argument audio aligned with the transcripts
Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Virginia House of Delegates v. Bethune-Hill Smith v. Berryhill Cochise Consultancy Inc. v. United States, ex rel. Hunt Flowers v. Mississippi The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling
On Wednesday, the Supreme Court unanimously affirmed the U.S. Court of Appeals for the 10th Circuit in Obduskey v. McCarthy & Holthus LLP, holding that parties who enforce security interests are not debt collectors within the meaning of the Fair Debt Collection Practices Act provided that they do no more than the bare minimum required…
Racism in Jury Selection Is Real. Can the Supreme Court Put an End to It?
The New York Times,
The ordeal of death-row inmate Curtis Flowers will yet again test the court’s commitment to equal justice under law.
Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims
The Supreme Court heard oral argument yesterday in the case of an African-American death-row inmate in Mississippi who was convicted by a jury that included just one African-American juror. The inmate, Curtis Flowers, argues that the jury selection in his case violates the Constitution – especially because the lead prosecutor had a long history of…
Should Originalists Enforce Rights More Strictly Against the States Than Against the Federal Government?
Cornell law professor Michael C. Dorf points out that, taken to its logical conclusion, the originalism philosophy espoused by US Supreme Court Justice Clarence Thomas should mean that the Constitution places stricter limits on states than it does on the federal government. As Dorf explains, the “original meaning” of the Bill of Rights as it applies to the states should refer to its meaning in 1868 (when the Fourteenth Amendment was adopted) rather than 1791 (when the Bill of Rights itself was adopted) because the Fourteenth Amendment makes the Bill of Rights applicable to the states. Dorf describes several key differences between the understanding of the Bill of Rights in 1868 and 1791 and considers whether one of the originalist justices will follow where the logic of their philosophy leads.
Press Release Regarding Justice Ginsburg
Supreme Court of the United States,
Justice Ruth Bader Ginsburg underwent a pulmonary lobectomy today at Memorial Sloan Kettering Cancer Center in New York City. Two nodules in the lower lobe of her left lung were discovered incidentally during tests performed at George Washington University Hospital to diagnose and treat rib fractures sustained in a fall on November 7. According to the thoracic surgeon, Valerie W. Rusch, MD, FACS, both nodules removed during surgery were found to be malignant on initial pathology...
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