On November 25, 2020, the Supreme Court of the United States issued an emergency opinion in the case of Roman Catholic Diocese of Brooklyn, New York, v. Andrew M. Cuomo, Governor of New York (Application No. 20A87) ostensibly to protect the freedom of religion. The 5 to 4 decision appealing denials of a stay from [...]
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The U.S. Supreme Court last week issued its first ruling against coronavirus containment measures, invoking the First Amendment’s guarantee of free exercise of religion to enjoin an executive order by New York’s governor limiting attendance at religious services to 10 or 25 persons in areas classified as having a high risk for infections. The Court’s [...]
SCOTUS postpones oral argument over Mueller report and adds two police conduct cases to docket
The US Supreme Court announced Friday that it would delay oral argument in Department of Justice v. House Committee on the Judiciary, a case involving a dispute over censored information contained in the redacted version of Special Counsel Robert Mueller’s report on Russian interference in the 2016 presidential election. The request to postpone the oral [...]
Federal court rules Acting DHS Secretary lacked authority to suspend DACA
The U.S. District Court for the Eastern District of New York ruled on Saturday that Acting Department of Homeland Security (DHS) Secretary Chad Wolf lacked the authority to suspend the Deferred Action for Childhood Arrivals program (DACA). The Supreme Court decided in June that the Trump administration could not end the DACA program that provided temporary [...]
Justice Alito gives speech criticizing decisions regarding religious freedom
Supreme Court Justice Alito gave a speech at the Federalist Society’s annual National Lawyers Convention on Thursday in which he declared that “religious liberty is fast becoming a disfavored right.” The theme of the convention was the ways in which the Covid-19 pandemic is affecting the rule of law, and Justice Alito said the pandemic [...]
When attorneys file legal complaints in court, they generally request specific relief for the plaintiff, such as a declaration that government action was unconstitutional, or an injunction, or compensatory damages. Then, just in case they forgot something, they add a catch-all request asking for “any such additional relief as would be just and proper.” While [...]
The Supreme Court of the United States Monday rejected an appeal by the NFL and DirectTV to avoid a class action lawsuit. The appeal stemmed from a case where the plaintiffs, Ninth Inning Inc., “challenged the National Football League’s contract with DirecTV for the television rights to out-of-market games.” The District Court dismissed the plaintiff’s [...]
One score and 7 years ago, a man from Arkansas, brought forth on SCOTUS, a new kind of Associate Justice, inspired by Opera, conceived in Liberty and dedicated to the proposition that all men and women are created equal. Now we are engaged in a kind of Political Civil War, testing whether this nation or [...]
Has the Supreme Court Finally Become a Major Issue in a Presidential Election?
The U.S. Supreme Court has emerged as a significant election issue for the first time in more than fifty years. The death of Justice Ruth Bader Ginsburg and the nomination of Amy Coney Barrett has riveted the nation’s attention on the Court in a way that rarely if ever has occurred during a presidential campaign. [...]
On December 9, 2020 argument is scheduled for Collins v. Mnuchin at the Supreme Court. The case originated in the Fifth Circuit and the Court of Appeals issued an en banc opinion on September 6, 2019. The primary questions before the Court are whether the Federal Housing Finance Agency’s structure violates the separation of powers and [...]