The Supreme Court only announced three decisions on Monday, leaving 12 cases yet to be decided. One decision, while decided only on the narrow issue before the court, carries with it a concurring opinion by Justice Kavanaugh which is a roadmap to future litigation by college student athletes to challenge the NCAA under antitrust laws. … Read more
The U.S. Supreme Court began the week last Monday with a couple of technical criminal sentencing cases. Greer v. United States is a case about what kind of argument the defendant needs to make in cases alleging that he is a felon in possession of a gun after the Court’s ruling in Rehaif v. United … Read more
Background History H/T HealthAffairs.org. On February 26, 2018, attorneys general and governors from 20 states filed a lawsuit against the federal government, including the Department of Health and Human Services (HHS) and the Internal Revenue Service (IRS), to enjoin the Affordable Care Act (ACA) following repeal of the individual mandate penalty. The states are Texas, … Read more
The Senate on Monday approved the nomination of Judge Ketanji Brown Jackson to the federal appeals court in the District of Columbia, confirming President Biden’s first nominee to the U.S. appellate courts. Senate Democrats really need to pick up the pace: With Jackson’s confirmation, there are eight vacancies on the federal courts of appeals, which … Read more
The U.S. Supreme Court began the final month of its term with 24 cases yet to be decided. Court observers assumed, wrongly, that we were looking at “multiple decision Mondays” in June. Instead, the Court has been dribbling out decisions slowly, one at a time, and adding extra opinion days on Thursdays in the process. … Read more