By Marcia Coyle | July 18, 2017
In the latest clash in the U.S. Supreme Court over the Trump administration's travel ban, Hogan Lovells partner Neal Katyal, a former acting U.S. solicitor general, took a dig at Jeffrey Wall, the current holder of that post, over the office's "traditional position" when it comes to taking cases to the justices.
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By Tony Mauro | July 18, 2017
Five protesters who disrupted a U.S. Supreme Court session with shouts and songs in 2015 should be sentenced to prison time and barred from the grounds of the court for a year, government lawyers said in court filings Monday.
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By Tony Mauro | July 18, 2017
After the term's last day, the justices play—and teach and make public appearances. Here are some highlights of their remarks so far.
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By Tony Mauro and Marcia Coyle | July 17, 2017
Elena Kagan was far along in the new Obama administration's vetting process for an important U.S. Justice Department job when she got a call from the White House. That job she was in line to get? Well, the White House wanted her to do something else. Kagan was asked to be the U.S. solicitor general instead and was nominated for the position on Jan. 5, 2009. The rest is history.
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By Marcia Coyle | July 17, 2017
As the business community awaits a federal appellate court decision on the National Labor Relations Board's definition of "joint employer," another key labor case—one that also looks at the relationships between companies—is moving forward in the U.S. Supreme Court.
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By Tony Mauro | July 14, 2017
New U.S. Supreme Court Justice Neil Gorsuch will make one of his first off-bench public appearances July 17 at the judicial conference of the U.S. Court of Appeals for the Ninth Circuit in San Francisco. Mary Kennedy, who fractured her hip in a fall, is expected to make a full recovery.
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By Marcia Coyle | July 12, 2017
Ropes & Gray's Douglas Hallward-Driemeier, who argued the historic gay marriage challenge in the Supreme Court, doesn't buy the fears that any successor to Justice Anthony Kennedy will jeopardize the "Obergefell" decision. "We now have hundreds of thousands of individuals acting in reliance on 'Obergefell.' And society has moved forward," he says. The SCB recently caught up with Hallward-Driemeier to talk about his work in this area of the law.
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By Caroline E. Oks and Damian V. Santomauro | July 10, 2017
The 'Kindred Nursing' decision potentially has broad implications for jurisdictions, like New Jersey, that have repeatedly tested the scope of the court's jurisprudence in declining to enforce arbitration agreements.
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By Harry Sandick and George LoBiondo | July 7, 2017
Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."
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By Marcia Coyle | July 6, 2017
The recent switch by the Trump administration's U.S. Justice Department from opposing to defending bans on class actions in workplace arbitration agreements will have consequences beyond a trio of challenges the U.S. Supreme Court is set to hear this fall. The government this week, citing the high court switch, said it will no longer defend a class action provision in the U.S. Labor Department's fiduciary rule.
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