Etiqueta: SCOTUSblog

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Argument preview: Do federal courts have jurisdiction to review a challenge to an administrative denial of relief under the Convention Against Torture?

In 1996, Congress enacted a number of provisions limiting judicial review of immigration court decisions. In the 2001 case Immigration and Naturalization Service v. St. Cyr, the Supreme Court addressed one of these bars, and found that because Congress had not expressly stated that the provision was intended to strip federal courts of jurisdiction to ...

SCOTUS

Justices to take up case involving faith-based adoption agencies and same-sex couples

The Supreme Court returned from its winter recess today with just one new grant from last week’s private conference, but the newest addition to the court’s merits docket is a significant one. Next term the justices will hear oral argument in Fulton v. City of Philadelphia, a challenge by several foster parents and Catholic Social ...

pena de muerte death penalty

The federal death penalty at the Supreme Court

The Supreme Court is the court of last resort for death row inmates around the country. The vast majority of death row inmates are convicted and sentenced under state death penalty laws, and so most of the capital appeals that the court reviews concern state statutes. The federal death penalty is given in a small ...

SCOTUS

Academic highlight: Sachs responds to “How to Save the Supreme Court”

In their article “How to Save the Supreme Court,” Daniel Epps and Ganesh Sitaraman argue that the Supreme Court faces a legitimacy crisis requiring it to either “radically change—or die.” They outline two proposals to drastically alter the court’s composition, which they hope will depoliticize the appointments process and diminish the influence of the Supreme ...

ok boomer

Argument analysis: May a federal employer say “OK, boomer” to a job applicant?

On Wednesday, the Supreme Court heard argument in Babb v. Wilkie, about whether the provision of the Age Discrimination in Employment Act that applies to the federal government requires plaintiffs to show that they would have received better treatment “but for” the government’s consideration of their age. The key statutory language requires that federal agencies’ ...

john roberts scotus

Empirical SCOTUS: How Chief Justice Roberts articulates his ethos through his Year End Reports

Chief Justice John Roberts released an impassioned Year End Report on December 31, 2019, which generated much commentary. The New York Times, for instance, wrote about Roberts’ calls for an independent federal judiciary. The Wall Street Journal examined his warnings against rumor and false information. These values inherent in the report foreshadow important aspects related to the (presumably) ...

john roberts scotus

The chief justice’s 2019 year-end report: The federal judiciary and civic education

[…] Chief Justice John Roberts issued his annual year-end report on the federal judiciary. The 2018 report had focused on the judiciary’s response to allegations of sexual misconduct in the workplace, but the 2019 report was more upbeat, lauding the judiciary’s role in civic education. The report began with the story of the Federalist Papers, ...

LGBTT

Decade in review: Same-sex marriage

The LGBTQ rights movement experienced a handful of victories at the Supreme Court in the first half of the decade. A string of federal litigation culminated in the court’s 2015 decision in Obergefell v. Hodges, which found that the Constitution includes a right for same-sex couples to marry. Although the court had addressed homosexuality in ...

SCOTUS

A look back at 2019: A tale of two terms?

Any review of a calendar year at the Supreme Court necessarily includes two different terms: the term that ends in June and the new one that begins in October and will run into the following year. But a look back at 2019, in particular, reveals two very different terms. In the wake of the June ...