ABA Journal

Supreme Court Report

180 ABA Journal Supreme Court Report articles.

Speculation swirls over Supreme Court retirements

If Justice Anthony Kennedy decides to retire under President Trump, he would be following a long tradition of justices consciously leaving the court under a president of the same party who appointed them. A more complicated question is whether justices also seek to time their retirements with political or ideological goals in mind—and whether they have been successful.

The high court weighs whether internet retailers must collect state sales taxes

In South Dakota v. Wayfair, set for argument today before the U.S. Supreme Court, justices will consider whether to overrule its 1992 decision in Quill Corp. v. North Dakota and uphold a law that requires most out-of-state internet retailers to collect sales tax.

Supreme Court to weigh whether law aimed at crisis pregnancy centers violates First Amendment

A law aimed largely at the field of crisis pregnancy centers, National Institute of Family and Life Advocates v. Becerra, will be argued today before the U.S. Supreme Court.

Microsoft case underscores legal complications of cloud computing

How far can law enforcement authorities go when seeking electronically stored information outside the United States? The U.S. Supreme Court takes up this issue Tuesday in United States v. Microsoft.

Supreme Court considers whether Ohio’s cleanup of voter registration rolls goes too far

Larry Harmon, a software engineer and U.S. Navy veteran from Kent, Ohio, typically has voted in presidential and gubernatorial elections. But starting with the 2010 midterms and continuing into the…

SCOTUS considers limits to the government’s surveillance powers over personal technology

The Supreme Court ruling in Carpenter v. United States, being heard by the court Wednesday, will affect cell towers and individuals’ data from email, smart watches, activity-tracker bands and smart appliances.

Speech, religion and bias all weighed in Masterpiece Cakeshop case

A Supreme Court case pits the rights of free speech and free exercise of religion against anti-discrimination law.

SCOTUS catches up by adopting electronic filing technology

After lengthy deliberation and study, the court will require electronic filing of briefs, initially only by parties represented by attorneys.

Supreme Court Report: Married with Kids

In Pavan v. Smith, the court issued a per curiam decision, over the published dissent of three justices, that requires the state of Arkansas to treat the issuance of birth certificates for the children of same-sex married couples exactly as it does for opposite-sex married couples.

Court limits where plaintiffs can bring claims in three rulings

This Supreme Court term turned out to be important for civil procedure, with three significant rulings on personal jurisdiction—when a court has control of the particular parties in a case.

Supreme Court makes venue shopping harder for patent trolls

Could this be the end of out-of-town patent lawyers flocking to Marshall, Texas? They’ve become known for showing up in luxury cars, ordering catered gourmet meals for their trial war rooms and running up expensive hotel tabs. That’s the future some observers predict for the top destination for patent infringement lawsuits after a U.S. Supreme Court decision limited the venues where such suits may be filed.

Should the Supreme Court select some cases by chance?

Many observers believe the U.S. Supreme Court can—and should—decide more cases. Now come two legal scholars with a radical proposal for adding to the court’s docket. Not by finding more cases that are clearly worthy of cert, by whatever standard, they say, but by just adding more cases—at random.

Racially discriminating statements in jury rooms are subject to scrutiny

A case about racial bias in the jury room would seem to have all the makings of a provocative and headline-grabbing decision. However, Peña-Rodriguez v. Colorado, a case containing just…

Is church is entitled to state aid to buy playground covering?

Trinity Lutheran Church v. Pauley, which the U.S. Supreme Court will hear today, involves a church’s challenge to Missouri officials’ decision to turn down its application to a state program providing money for playgrounds to install safe, rubberized ground coverings.

Can Trump triumph in the Supreme Court? Presidents’ rates of winning cases have been declining

It’s only a matter of time before President Donald J. Trump’s administration puts its stamp on the federal government’s cases in the U.S. Supreme Court. But can it top the…

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