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Marcia Coyle, based in Washington, covers the U.S. Supreme Court. Contact her at [email protected]. On Twitter: @MarciaCoyle
August 1, 2018 | National Law Journal
Roberts continues to handle emergency applications and other matters from the Federal Circuit, D.C. Circuit and Fourth Circuit. His new duties involving the Ninth likely will be temporary once the Kennedy vacancy is filled.
By Marcia Coyle
1 minute read
July 30, 2018 | National Law Journal
The U.S. Supreme Court said the government's request to block the Oct. 29 trial or to suspend discovery was "premature." The court added: "The breadth of respondents' claims is striking, however, and the justiciability of those claims presents substantial grounds for difference of opinion."
By Marcia Coyle
1 minute read
June 27, 2018 | National Law Journal
"Please permit me by this letter to express my profound gratitude for having had the privilege to seek in each case how best to know, interpret, and defend the Constitution and the laws that must always conform to its mandates and promises," Kennedy said in a letter to President Trump.
By Marcia Coyle | Tony Mauro
1 minute read
June 27, 2018 | National Law Journal
Justice Samuel Alito Jr. wrote that the majority recognized that the loss of payments from nonmembers may cause unions to experience "unpleasant transition costs in the short term." However, he added, "We must weigh these disadvantages against the considerable windfall that unions have received under Abood for the past 41 years."
By Marcia Coyle
1 minute read
June 26, 2018 | The Recorder
"California has offered no justification that the notice plausibly furthers. It targets speakers, not speech, and imposes an unduly burdensome disclosure requirement that will chill their protected speech," Justice Clarence Thomas wrote for the majority.
By Marcia Coyle
1 minute read
June 26, 2018 | National Law Journal
"We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim," Chief Justice John Roberts wrote for the majority.
By Marcia Coyle | Tony Mauro
1 minute read
June 25, 2018 | The Recorder
U.S. Solicitor General Noel Francisco told the U.S. Supreme Court justices that questions surrounding judges' use of social media “would benefit from further development in the lower courts."
By Marcia Coyle
1 minute read
June 4, 2018 | National Law Journal
Justices Elena Kagan and Stephen Breyer joined Justice Anthony Kennedy's majority ruling. Kagan opened her concurring opinion by quoting Kennedy: "It is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law."
By Marcia Coyle
1 minute read
May 25, 2018 | National Law Journal
There may be another way: "non-mutual offensive collateral estoppel." The concept is fairly established in the law, but it has not been used much. And judges and arbitrators have broad discretion whether to apply it in any given case.
By Marcia Coyle
1 minute read
May 23, 2018 | The Recorder
Noel Francisco, the U.S. solicitor general, told the justices that questions surrounding judges' use of social media “would benefit from further development in the lower courts” before the Supreme Court takes up a case raising these issues.
By Marcia Coyle
1 minute read
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