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Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the availability of tribal sovereign immunity in inter partes review, a probate-estate beneficiary’s ability to establish a direct injury for a RICO claim in certain circumstances, and the state subsidies pre-empted by the Federal Power Act. The petitions of the week […]
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February 14, 2019/by Aurora Barnes

Thursday round-up

In an op-ed for The New York Times, Linda Greenhouse writes that Chief Justice John Roberts’ vote last week in June Medical Services v. Gee to temporarily block a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals was not surprising, because “circumstances compelled the chief justice to stand up […]
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February 14, 2019/by Edith Roberts

Argument preview: Justices to examine rejection of contracts in bankruptcy

The second of the two cases set for oral argument next week is a bankruptcy matter, Mission Product Holdings Inc. v. Tempnology, LLC. Although the case presents a variety of twists and complications, the central question is so simple that it is surprising it has not been settled for decades: When a debtor rejects a […]
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February 13, 2019/by Ronald Mann

Wednesday round-up

Briefly: At CNN, Ariane de Vogue and Ted Barrett report that “Republican Sen. Susan Collins, a supporter of abortion rights who cast a critical vote to confirm Justice Brett Kavanaugh, said in an interview with CNN that despite his vote in a recent abortion access case, [June Medical Services v. Gee,] she did not believe […]
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February 13, 2019/by Edith Roberts

Empirical SCOTUS: Hitting the nail on the head — successful cert-stage amicus briefs in cases with financial implications

Not surprisingly, most cases before the Supreme Court involve high stakes. The justices can assure this by taking a small and selective caseload each term. With so many potential cases petitioned to the court on such a wide range of issues, the court really has the pick of the litter in terms of possible cases […]
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February 12, 2019/by Adam Feldman

Argument preview: Justices to consider ability of government to challenge patents in administrative process

The justices have a light calendar for the first week of the February session, with only two cases set for argument. The first of the pair is Return Mail Inc. v. U.S. Postal Service, the lone Tuesday argument. Return Mail is a simple statutory case asking the justices to resolve another of the seemingly endless […]
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February 12, 2019/by Ronald Mann

Tuesday round-up

In an op-ed for The New York Times, Alan Cross weighs in on the court’s 5-4 decision last week to allow Alabama to execute a Muslim inmate who had challenged Alabama’s refusal to permit an imam to be by his side when he died, noting that “[w]hat has gone largely unnoticed, but is in fact […]
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February 12, 2019/by Edith Roberts

Court releases April calendar

The Supreme Court has released its calendar for the April sitting, which begins on April 15. Unlike the February and March sittings, which will feature only six and nine hours of argument, respectively, the April sitting is scheduled to have a full slate of 12 oral arguments – two on each of the six days […]
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February 11, 2019/by Amy Howe

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