By Tony Mauro | Marcia Coyle | June 21, 2018
The U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don't have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.
By Tony Mauro | June 21, 2018
But the court does not address DOJ's request about the power of the president to fire officers of the United States. "No court has addressed that question, and we ordinarily await 'thorough lower court opinions to guide our analysis of the merits,'" Justice Kagan wrote.
By Tony Mauro | Marcia Coyle | June 20, 2018
What to make of two cases—Masterpiece and Gill v. Whitford—that perhaps didn't live up to the hype? We asked around. Plus: Paul Clement takes on SG Noel Francisco over a federal judge's twitter account. And Rod Rosenstein's undefeated at SCOTUS. Thanks for reading—and subscribing to—Supreme Court Brief!
By Marcia Coyle | June 19, 2018
The justices, who had granted review in March 2017, dismissed Leidos v. Indiana Public Retirement System on Monday after the parties notified the court they had agreed to settle their dispute. The case attracted widespread amicus attention, including a brief from the U.S. Department of Justice.
By Marcia Coyle | June 18, 2018
Justice Elena Kagan offered a path forward on resolving disputes over partisan redistricting, but Chief Justice John Roberts Jr. took a narrow road—calling his colleague's concurring opinion "speculative" and "advisory."
By Marcia Coyle | June 18, 2018
The U.S. Department of Justice wants the Supreme Court to restrict the injunction in a sanctuary cities case to Chicago. Last week, DOJ lawyers told the Seventh Circuit it would turn to the high court if the appeals court did not rule to limit the breadth of the injunction.
By Tony Mauro | June 18, 2018
U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.
National Law Journal | Analysis
By Tony Mauro | Marcia Coyle | June 14, 2018
Chief Justice John Roberts Jr. and Justices Samuel Alito Jr. and Stephen Breyer each reported selling stock holdings, according to the latest financial disclosure forms, released Thursday. Other stock sales reported in the forms also help explain justices' recusal behavior in cases before the Supreme Court.
By Marcia Coyle | Tony Mauro | June 11, 2018
"The dissents have a policy disagreement, not just with Ohio, but with Congress. But this case presents a question of statutory interpretation, not a question of policy," Justice Samuel Alito Jr. wrote for the 5-4 majority. In dissent, Justice Sonia Sotomayor wrote: "Communities that are disproportionately affected by unnecessarily harsh registration laws should not tolerate efforts to marginalize their influence in the political process."
By Tony Mauro | June 7, 2018
The court recently announced that Atlanta solo Amy Weil was “invited to brief and argue” as amicus curiae in favor of an appeals court decision that neither side supports anymore.
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