ABA Journal

Supreme Court Report

170 ABA Journal Supreme Court Report articles.

Will the Supreme Court reconsider a landmark defamation case?

Justices Clarence Thomas and Neil M. Gorsuch both called New York Times v. Sullivan into question in dissents from a cert denial earlier this month.

Supreme Court takes a byte out of computer crime law

A U.S. Supreme Court decision handed down earlier this month has flown a bit below radar compared with the term’s bigger cases, but it is one that might be of interest to anyone who has ever bent the truth on a dating website or on social media, shopped or checked sports scores on a work computer, or happens to be a fan of the 1983 movie WarGames.

SCOTUS abortion case complicates Breyer retirement speculation

Speculation about whether U.S. Supreme Court Justice Stephen G. Breyer might retire at the end of this term had been running rampant among legal observers this spring when the court itself threw in a wrinkle.

SCOTUS case on disclosure of nonprofit donor names raises First Amendment questions

To some observers, the case may affect campaign-disclosure laws and the court’s 2010 decision in Citizens United v. Federal Election Commission, which authorized unlimited independent political expenditures by corporations (including nonprofit ones) and unions.

As madness moves through March, SCOTUS considers NCAA case over athlete compensation

Just days before the March Madness tournament crowns a champion, the U.S. Supreme Court will hear arguments in a high-stakes battle between the National Collegiate Athletic Association and a legal class of student-athletes from the top revenue-producing sports of football and men’s and women’s basketball.

Supreme Court considers warrantless search-and-seizure case from California

The case involves a police officer who entered a man’s garage without a warrant and questioned him after pursuing his vehicle because he heard erratic horn-lowing and loud music coming from the car.

Can black TV mogul’s discrimination suit against Comcast proceed? SCOTUS to decide

Byron Allen of Entertainment Studios Networks alleges in a $20 billion lawsuit that Comcast was motivated by racial bias in refusing to pick up his channels for inclusion on its cable systems in recent years. On Nov. 13, the U.S. Supreme Court will consider whether a race-discrimination claim may proceed.

After nearly 30 years on the court, Justice Thomas’ supporters and detractors are still debating who he really is

After Clarence Thomas’ nearly 30 years on the court, his critics and supporters are still debating who Thomas is. But at a June conversation in the courtroom before the historical society, Thomas mostly seemed at peace with himself and his role on the court.

Tension in the Court: Public collegiality belies behind-the-scenes debates

Appeals involving such divisive issues as gun control and gay and transgender rights in the workplace were granted Supreme Court review this term, but only after the point when they would be pushed into the next term for arguments and decision. Other hot-button cases involving abortion restrictions, immigration and religious exceptions to same-sex marriage were awaiting resolution as of mid-May on whether the justices would grant review.

Justice by Numbers: Proposals resurface to expand the size of the court

In recent months, a concept that has been on the fringes of political theory has suddenly gained steam, with several progressive organizations calling for an expansion of the court and pushing Democratic presidential candidates to respond to the idea.

Court considers whether inquiry about citizenship belongs on the U.S. census

On April 23, the U.S. Supreme Court will take up a case that should resolve the issue. The justices will hear an appeal brought by the Trump administration of a federal district judge’s ruling that invalidated U.S. Secretary of Commerce Wilbur Ross’ 2018 decision to add a citizenship question to the next census.

Too tasteless to trademark? SCOTUS considers whether vulgar-sounding brand name is protected by First Amendment

Iancu v. Brunetti, set for U.S. Supreme Court oral arguments Monday, considers whether the First Amendment protects a vulgar-sounding brand name.

Liquor store war: Should giant wine and spirits retailer be subject to state residency requirements?

Tennessee Wine and Spirits Retailers Association v. Blair is scheduled for Supreme Court argument Jan. 16. The state requires that licensees satisfy a two-year residency requirement. A panel of the 6th U.S. Circuit Court of Appeals in Cincinnati affirmed a district court order to strike down the requirement, allowing the Total Wine store in Knoxville to open.

What can states seize? SCOTUS will decide whether the excessive fines clause applies to states

The legal question in Timbs v. Indiana, scheduled for argument on Nov. 28 as part of the court’s December sitting, is whether the clause is incorporated against the states by the 14th Amendment.

Court to consider challenge to cy pres remedies to settle class actions

Cy pres settlements emerged in the 1970s as a solution to class actions with large and diffuse memberships for whom individual cash awards might be paltry. Such settlements typically involve contributions to charities or nonprofit organizations that advance the goals pursued in the class action.

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