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Wednesday round-up

Subscript Law has a graphic explainer for Monday’s opinion in Gamble v. United States, in which the court reaffirmed precedent holding that prosecution of the same conduct by separate sovereigns, such as a state and the federal government, does not violate the Constitution’s double jeopardy clause. At Liberty Nation, Scott Cosenza calls the case “a […]
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June 19, 2019/by Edith Roberts

Event announcement: Webinar with Tom Goldstein and Sarah Harrington on Supreme Court term

On June 28 at 1:30 p.m. EDT, join SCOTUSblog’s Tom Goldstein and Sarah Harrington for a webinar discussing key cases at the Supreme Court this term. The discussion, moderated by Laura Safdie from Casetext, will cover Department of Commerce v. New York, the challenge to the addition to the census of a question about citizenship, and partisan-gerrymandering cases Rucho v. Common Cause and Lamone v. […]
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June 18, 2019/by Andrew Hamm

Event announcement: ACS term review panel in San Francisco

On June 27 at 12 noon PDT, in San Francisco, the American Constitution Society will host a panel reviewing the Supreme Court’s October Term 2018. Panelists include Aimee Feinberg, Rory Little and the Honorable Goodwin Liu; Brian Goldman will moderate t...
June 18, 2019/by Jon Levitan

Tuesday round-up

The Supreme Court issued four opinions yesterday, bringing the total number of undecided cases down to 20. In Virginia House of Delegates v. Bethune-Hill, the court held 5-4 that Virginia legislators lack the legal right to appeal a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe […]
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June 18, 2019/by Edith Roberts

Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate

The Supreme Court has concluded that Virginia’s decades-old moratorium on uranium mining is not pre-empted by the Atomic Energy Act. But there is no clear answer to the question that pervaded the briefing and oral argument: What is the proper role for state legislative purpose in a pre-emption analysis? Today’s judgment was accompanied by three […]
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June 17, 2019/by Emily Hammond

Justices send cake sequel back to state court

Just over a year ago, the justices issued a narrow ruling in the case of Jack Phillips, a Colorado baker and devout Christian who refused to create a custom cake for a same-sex couple’s wedding festivities. The Supreme Court’s decision for Phillips rested primarily on the rationale that the Colorado administrative agency that ruled against Phillips […]
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June 17, 2019/by Amy Howe

Opinion analysis: Court holds that First Amendment does not apply to private operator of public-access channels

The First Amendment bars the government from restricting freedom of speech, but it does not generally apply to private actors, like corporations. However, private actors can be held liable for violating the First Amendment when they are acting on behalf of the government or doing something that the government would normally do – a doctrine […]
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June 17, 2019/by Amy Howe

Opinion analysis: Justices uphold “separate sovereigns” doctrine

The Constitution’s double jeopardy clause guarantees that no one shall “be twice put in jeopardy” “for the same offence.” Today the Supreme Court upheld a longstanding interpretation of that clause, known as the “separate sovereigns” doctrine. By a vote of 7-2, the justices rejected a challenge to the doctrine by an Alabama man who argued that […]
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June 17, 2019/by Amy Howe

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